FBODaily.com | FedBizOpps: MOD | X | Broker Services NCO 16 to include Louisiana, Mississippi, Oklahoma, Arkansas, Florida, Missouri, Texas, and outlying areas.

FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 23, 2019 FBO #6270
MODIFICATION

X -- Broker Services NCO 16 to include Louisiana, Mississippi, Oklahoma, Arkansas, Florida, Missouri, Texas, and outlying areas.

Notice Date: 1/21/2019
Notice Type: Modification
NAICS: 523120 — Securities Brokerage
Contracting Office: Department of Veterans Affairs;Southeast Louisiana Veterans HCS;1515 Poydras Street;New Orleans LA 70112
ZIP Code: 70112
Solicitation Number: 36C25619Q0083
Response Due: 2/19/2019
Archive Date: 5/20/2019
Point of Contact: New Orleans, La 70112
Small Business Set-Aside: N/A
Description: Page 1 of Page 1 of Subject RFQ 36C2569Q0083 is amended to add: SECTION D EXHIBITS, CONTRACT DOCUMENTS SECTION E PROVISIONS PAST PERFORMANCE ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME SECTION D EXHIBITS, CONTRACT DOCUMENTS EXHIBIT 1 LAWS, REGULATIONS, EXECUTIVE ORDERS, POLICIES, AND PROCEDURES APPLICABLE TO SERVICES PROVIDED UNDER THIS CONTRACT LAWS, STATUTES, EXECUTIVE ORDERS, REGULATIONS, Included in GSA delegation The Federal Statutes, Executive Orders, regulations and policies that must be followed, include but are not limited to the following. These statutes, regulations and policies may be updated during the term of the contract. I. FEDERAL STATUTES 1. Reorganization Plan No. 18 of 1950 (40 U.S.C. 301 note) Transferred all functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings, to GSA. 2. Federal Property and Administrative Services Act of 1949 (40 U.S.C. § 585) Provides GSA with 20 year leasing authority. 3. Public Buildings Act of 1959 (40 U.S.C. § 3307) Requires Congressional committee approval of leases with annual rental, excluding services and utilities, in excess of certain dollar thresholds. Further requires Congressional committee approval for lease alteration projects in excess of certain dollar thresholds. The thresholds indexed annually. 4. Competition in Contracting Act of 1984 (41 U.S.C. § 251 et seq.) GSA acquires leased space through the use of full and open competitive procedures mandated by this Act. 5. Public Buildings Cooperative Use Act of 1976 (40 U.S.C. § § 3306) Requires GSA to afford a preference to historic properties in the leasing process. Also provides for the outleasing to the public of certain vacant Federal space when no Federal tenancy needs are present. 6. The Small Business Act (15 U.S.C. § § 631-647) Requires a positive effort by Federal contractors to place subcontracts with small and small disadvantaged business concerns. The Act also requires publication of Federal procurement requirements, requires large businesses to submit small business subcontracting plans, and provides for liquidated damages for failure to meet subcontracting plan goals. 7. Rural Development Act of 1972 (42 U.S.C. § 3122) Requires Federal agencies to give first priority to rural areas in locating facilities. See also Executive Order 12072 regarding the location of Federal facilities in urban areas. 8. Contract Disputes Act of 1978 (41 U.S.C. § § 601-613) Requires disputes arising from federal contracts to be adjudicated by established processes and procedures. 9. Prompt Payment Act (31 U.S.C. § § 3901-3907)Requires Federal payments to contractors to be made in an expeditious manner, provides penalties for late payment by the Government, and requires that the Government be entitled to discounts for early payment. 10. Assignment of Claims Act of 1940 (31 U.S.C. §3727) Allows contractors to assign rights to payment, including rent, to established financing institutions. 11. The Architectural Barriers Act of 1968 (42 U.S.C. § § 4151-4152) Requires that public buildings be made accessible to the physically handicapped through construction and alterations to provide for suitable accessibility, restrooms, plumbing, water fountains, elevators, etc. The requirements of this Act are implemented through the Uniform Federal Accessibility Standards. 12. Fire Administration Authorization Act of 1992 (15 U.S.C. § 2227) Requires that an entire building be sprinkled or provide an equivalent level of life safety when Federal funds are used to lease 35,000 square feet or more of space in a building (under 1 or more leases) and some portion of the leased space is on or above the 6th floor. Also requires that all hazardous areas be sprinklered in all Government leases. 13. Earthquake Hazards Reduction Act of 1977 (42 U.S.C. § 7705b) Required adoption of standards for assessing the seismic safety of existing buildings constructed for or leased by the Government which were designed and constructed without adequate seismic design and construction standards. 14. Energy Policy Act of 1992 (42 U.S.C. § 8253) Requires the Federal Government to meet 20 percent energy reduction targets by the year 2000. This includes federally leased space. 15. Occupational Safety and Health Act of 1970 (29 U.S.C. § § 651-678) Requires GSA to ensure that space leased and assigned to agencies provides safe, healthful working conditions, including building features such as lighting, guard rails, indoor air quality, fire safety features, emergency elevator requirements, etc. 16. The National Environmental Policy Act of 1969 (42 U.S.C. §4321 et seq.) Requires an assessment of the environmental impacts associated with major Federal actions, including Government leasing. 17. National Historic Preservation Act of 1966 (16 U.S.C. § § 470 - 470w-6) Requires listed historical properties to be protected from harm as a result of Federal actions, including leasing. 18. Randolph-Sheppard Act (20 U.S.C. § 107) Requires that licensed blind vendors be authorized to operate vending facilities on any Federal property, including leased buildings. The Act imposes a positive obligation on GSA to acquire space in buildings that have suitable sites for vending facilities. 19. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.) Requires the payment of relocation benefits to persons displaced as a result of Federal actions. This Act is potentially applicable to persons displaced as a result of GSA lease-construction projects on sites designated by the Government. 20. Intergovernmental Cooperation Act of 1968 (40 U.S.C. § § 901-905) Requires GSA to consult with planning agencies and local elected officials and to coordinate federal projects (i.e., usually large projects requiring Congressional prospectus approval) with development plans and programs of the state, region, and locality where the project is to be located. 21. Drug-Free Workplace Act of 1988 (41 U.S.C. § § 701-707) Requires contractors to make certifications regarding actions to reduce the possibility of drug use at the site of the performance of work. The requirements of the Act do not apply to contracts below the simplified acquisition threshold for leasing. 22. Prohibitions Against Payments to Influence (31 U.S.C. § 1352)) Requires certifications from contractors that funds have not and will not be paid to any person to influence the award of a Federal contract. 23. Officials Not To Benefit (41 U.S.C. § 22) Prohibits any member of Congress from receiving any benefit arising from a Federal contract. 24. Covenant Against Contingent Fees (41 U.S.C. § 254(a)) Requires that no individuals other than full-time bona fide employees or established bona fide agents maintained by the Contractor have been retained to solicit or obtain a Federal contract. This requirement is not applicable to contracts below the simplified acquisition threshold for leasing. 25. Anti-Kickback Act of 1986 (41 U.S.C. § 51) Prohibits a contractor from soliciting or receiving kickbacks from subcontractors in return for subcontract awards. The requirements of this Act are not applicable to contracts below the simplified acquisition threshold for leasing. 26. Anti-Lobbying ( 18 U.S.C. § 1913) Prohibits the use of appropriated funds to lobby Congress. 27. Examination of Records (P.L. 103-355, § 2251) Authorizes the head of an agency and the Comptroller General to inspect records of Federal contractors. This authority is not applicable to contracts below the simplified acquisition threshold for leasing. 28. Davis-Bacon Act of 1931 (40 U.S.C. § § 3141-3148) Provides for payment of prevailing wages to laborers on Federal construction projects. This Act is potentially applicable to lease acquisitions when an offeror proposes to construct a building or completely reconstruct or rehabilitate an existing building for the predominant use of the Government. 29. Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. § § 3702-3708) Imposes 40 hour work week and time and a half overtime requirements on certain contracts. This Act is potentially applicable to lease acquisitions when an offeror proposes to construct a building or completely reconstruct or rehabilitate an existing building for the predominant use of the Government. The Act does not apply to contracts below the simplified acquisition threshold. 30. Copeland Act of 1934 (18 U.S.C. § 874; 40 U.S.C. § 3145) This Act makes it unlawful for a contractor to force a kickback from any person employed in the construction or repair of a public building or public work. The Act also requires contractors and subcontractors to furnish compliance statement with respect to wages paid to employees. This Act is potentially applicable to lease acquisitions when an offeror proposes to construct a building or completely reconstruct or rehabilitate an existing building for the predominant use of the Government. 31. The Debt Collection Improvement Act of 1996, (Public Law No: 104-134, April, 26, 1996) This Act requires payment be made by electronic fund transfer. 32. American Recovery and Reinvestment Act of 2009 (Public Law 111 5, February 17, 2009) The ARRA provides $108 million in funding for the rental of space, related to leasing of temporary space in connection with projects funded under the ARRA. 33. The Energy Policy Act of 2005, (Public Law No: 109-58, August 8, 2005) This Act includes new energy performance standards for Federal buildings and requires sustainable design principles to be applied to the design and construction of all new and replacement buildings. 34. The National Defense Authorization Act for Fiscal Year 2008, Section 844, (Public Law 110-181, January 28, 2008 The provisions of Section 844 require the head of an Executive agency to make certain justification and approval documents relating to the use of noncompetitive procedures in contracting available within 14 days of contract award on the website of an agency and through a government wide website. 35. Energy Independence and Security Act, 2007 (EISA), Pub. L. 110-140, This Act requires that GSA lease buildings that are energy efficient and promotes the use of renewable energy systems. II. EXECUTIVE ORDERS 1. Executive Order 11246 - Equal Employment Opportunity (1965. 30 Fed. Reg. 12319), and Executive Order No. 11375, Equal Employment Opportunity (Oct. 13, 1967, 32 FR 14303) Prevents Federal contractors from discriminating against any employee or applicant for employment because of race, color, religion, sex, or national origin. 2. Executive Order 11988 - Floodplain Management (1977. 42 Fed. Reg. 26951) Precludes GSA from leasing space in buildings located within floodplains unless there are no practicable alternatives. 3. Executive Order 11990 - Protection of Wetlands (1977, 42 Fed. Reg. 26961)Precludes GSA from leasing space in wetland areas unless there are no practicable alternatives. 4. Executive Order 12072 - Federal Space Management (1978, 43 Fed. Reg. 36869) Requires that first consideration be given to locating Federal facilities in urban areas within central business districts. 5. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (1990, 55 Fed. Reg. 835) Requires that new buildings constructed for lease to the Government are designed and constructed in accord with appropriate seismic design and construction standards. 6. Executive Order 12902 - Energy Efficiency and Water Conservation at Federal Facilities (1994, 59 Fed. Reg. 11463) Requires that appropriate consideration be given to efficient buildings in the leasing process. Increases Federal energy reduction goals to 30 percent by the year 2005. 7. Executive Order 12941 - Seismic Safety of Existing Federally Owned or Leased Buildings (1994, 59 Fed. Reg. 62545), and Executive Order No. 12941, "Seismic Safety of Existing Federally Owned or Leased Buildings (Dec. 5, 1994, 59 FR 62545) Adopted standards of the Interagency Committee on Seismic Safety in Construction (ICSSC) as the minimum level acceptable for use by Federal departments and agencies in assessing the seismic safety of their owned and leased buildings and in mitigating unacceptable seismic risks in those buildings. 8. Executive Order 13006 - Locating Federal Facilities on Historic Properties in Our Nation s Central Cities (1996, 61 Fed. Reg. 26071) Subject to the Rural Development Act and Executive Order 12072, directs that Executive agencies give first consideration to locating Federal facilities in historic properties within historic districts when operationally appropriate and economically prudent. 9. Executive Order (EO) 13423 Strengthening Federal Environmental, Energy, and Transportation Management (2007, 72 Fed. Reg. 3917), Includes new energy performance standards for Federal buildings and requires sustainable design principles to be applied to the design and construction of all new and replacement buildings 10. Executive Order 12977 - Interagency Securtiy Committee, (1995, 60 Fed. Reg. 54411), as amended by 11. Executive Order 13286 - Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security (2003, 68 Fed. Reg. 10619) Established the Interagency Security Committee to establish policies for security in and protection of Federal facilities. 12. Executive Order No. 13327, "Federal Real Property Asset Management'' (Feb. 4, 2004, 69 FR 5897) This EO requires Federal Agencies to report their real property holdings. Executive Order No. 13514 Federal Leadership in Environmental, Energy, and Economic Performance (Oct. 5, 2009, 74 FR 52117) Executive Order No. 13576 Delivering Efficient, Effective, and Accountable Government (June 13, 2011, 76 FR 62545) Prospectus Authority (40 U.S.C. § 3307) OMB Memorandum M-12-2 Promoting Efficient Spending to Support Agency Operations Balanced Budget Act of 1997 (2 U.S.C. § 900 et seq.) III. REGULATIONS 1. General Services Administration Acquisition Regulations, 48 C.F.R. Part 570. Note: The Federal Acquisition Regulation is not applicable to acquisitions of leasehold interests in real property by the General Services Administration except as provided in Part 570 of the General Services Administration Acquisition Regulations or specific lease solicitations for offers. 2. Federal Management Regulations, 41 C.F.R. Subchapter C, Real Property, Parts 102-71 through 102-85 3. Comprehensive Procurement Guideline For Products Containing Recovered Materials (40 CFR Chapter I Part 247) 4. GSA Leasing Desk Guide and FMR 102-73 IV. POLICY 1. Homeland Security Presidential Directive, HSPD-12 This Presidential directive created a policy for a common identification standard for Federal employees and contractors. 2. OMB Circular A-11 (Capital Lease Scoring) This OMB Circular provides the rules for budget score keeping for leases. EXHIBIT 2 Individual Conflict of Interest and Non-Disclosure Statement (This form shall be completed by all parties in the contractor's firm (including subcontractor personnel) who are provided access to information or documents related to this task order.) Contractor: Contract: Number: Task Order Number: Conflict of Interest I have read the Conflict of Interest Clause in Section H. of the above referenced contract and understand and agree to abide with the restrictions regarding and actual or potential organizational conflict of interest or personal financial interest. Nondisclosure of Procurement Sensitive Information I understand that information and documents related to the work to be performed for the above referenced task order contain source selection information related to the conduct of a Federal agency procurement, the disclosure of which is restricted by Section 27 of the Office of Federal Procurement Policy Act (41 USC. 423). The unauthorized disclosure of such information may subject both the discloser and recipient of the information to contractual, civil, and/or criminal penalties as provided by law. I further understand the requirements identified under Federal Acquisition Regulation 9.505-4(b) to entered into agreements with offerors to protect their information from unauthorized use or disclosure, and refrain from using their information for any purpose other than for which it was furnished. Information regarding a task order is strictly prohibited and shall not be revealed to any source except to the extent authorized by the Lease Contracting Officer. Nondisclosure of Information Submitted by Offerors in response to a Solicitation for Officers (SF0). I understand that disclosure of proprietary information submitted by an Offeror in response to an SF0 is strictly prohibited. It shall not be disclosed to any source either during or after performance on the task order. Disclosure of such information could result in a penalty of fine, jail time, or termination of this contract for breach. (Typed) Name & Signature Date Title: EXHIBIT 3 ORGANIZATIONAL CONFLICT OF INTEREST (This form hall be completed for each task order by an officer of the contractor s (and subcontractor s) firm) Contractor: __________ Subcontractor: __________ Contract Number: __________ Task Order Number: __________ This firm does __________ or does not ___________ have an organizational conflict of interest, as described in the above referenced contract, for task order number. DESCRIBE THE CONFLICT: This firm acknowledges all restrictions contained in the contract and agrees to complete additional agreements as deemed necessary by the Contracting Officer. As required by of the contract, the contractor certifies the following measures are in place and procedures will be followed: A fire wall is in place and contractor personnel have been advised of the restrictions in 1 through 13 of the clause. Electronic safeguards are in place to prevent unauthorized access to documents prepared in connection with this task order. Documents related to the contract will be safeguarded and secured while in the contractor s possession. Pursuant to the requirements identified under Federal Acquisition Regulation 9.505-4(b) an agreement will be entered into with offerors under which we will agree to protect their information from unauthorized use or disclosure, and refrain from using their information for any purpose other than for which it was furnished. Signature: __________________ Name: ____________ Date: ____________ Title: __________________ (must be an officer of the firm) EXHIBIT 4 DUAL AGENCY DISCLOSURE STATEMENT (Acknowledgement and Consent) NCO 16: Offeror: Property Involved: Dual Agency: The General Services Administration's, Leasing Support Services contract, number, allows a brokerage firm under this GSA contract to represent both the Government, as tenant, and the owner in this real estate transaction as long as this is disclosed to both parties and both agree. This is known as dual agency. Under this GSA Contract, a brokerage firm may represent two clients whose interest are, or at times could be, different or adverse. For this reason, the dual agent(s) may not be able to advocate on behalf of the client with the same skill and determination the dual agent may have if the brokerage firm represents only one client. Dual Agency under this GSA contract does not allow the same agent of the Brokerage Firm to represent both parties. This statement discloses that will be acting as (Name of Brokerage) Dual Agent in the contemplated transaction involving the named property. It is understood and agreed by the parties, as a dual agent, the brokerage firm shall: Treat both clients honestly; Disclose latent, material defects to the Government, if known by the broker; Provide information regarding lenders, inspectors and other professionals, if requested; Provide market information available from a property listing service or public records, if requested; Prepare and present all offers and counteroffers at the direction of the parties; Assist both parties in completing the steps necessary to fulfill the terms of any contract, if requested. It is also understood and agreed by the parties, as dual agent, the brokerage firm shall not: Disclose confidential information, or proprietary information having an adverse effect on one party's position in the transaction for so long as the information remains proprietary, Suggest or recommend specific terms, including price, or disclose the terms or price the Government is willing to accept or the owner is willing to offer; Engage in conduct contrary to the instructions of either party and may NOT act in a biased manner on behalf of one party. Shall not use any information obtained for any purpose other than for which the information was furnished. Material Relationship: The brokerage firm acting as a dual agent in this contemplated transaction has a material relationship with both the Government and the owner. A material relationship would include any personal, family or business relationship with one or both of the parties. Relationship to the Government is tenant representation bound by the terms and conditions of contract # Relationship to the Landlord is Compensation: The brokerage firm will be compensated per any contract agreement between the property owner and the broker agent as detailed in the SF0 and reflected on the SF2 of the awarded lease. Responsibilities of the Parties: The duties of the brokerage firm in a real estate transaction do not relieve the Government and Owner from the responsibility to protect their own interests. The Government and the Lessor are advised to carefully read all agreements to assure they adequately express their understanding of the lease transaction. The brokerage firm is qualified to advise on real estate matters. IF LEGAL OR TAX ADVICE IS DESIRED, YOU SHOULD CONSULT THE APPROPRIATE PROFESSIONAL. Government Non-Disclosure requirements: The government requires complete confidentiality in all lease acquisition offers including non-disclosure of the names of potential offerors. The dual agent brokerage firm, under this dual agency agreement, will be soliciting other competitive offers for the lease acquisition. Before the dual agent brokerage firm can solicit potential offerors information, they must disclose their dual agency relationship to all potential offerors and allow the offerors to acknowledge the dual agency before they provide any confidential information. By presenting this dual agency statement, potential offerors will be aware of the dual agency relationship, however, the dual agent brokerage firm cannot disclose the number, identity or rank of other offerors, or the content or evaluation of the other offerors proposals to the landlord in the dual agency relationship. Duration of Dual Agency: The term of this Agreement shall commence when this document is executed by the Owner and the Government, and unless extended by written agreement of all parties, shall automatically terminate upon (a) receipt of Unsuccessful Offeror notification or (b) in the event of a Successful Offeror notification, this agreement will terminate upon occupancy of the government tenant. By signing below, you acknowledge you have read and understand this form. You are giving your voluntary, informed consent to this dual agency. If you do not agree to the brokerage firm acting as dual agent, you are not required to consent to this agreement. Owner's Signature Date Notice and consent of dual agency to potential offers for Solicitation # Potential Offerors Option: By signing this Dual Agency Disclosure Statement you acknowledge: Brokerage Firm will act as a Dual Agent under this transaction. I,owner of the property located at__________________________ choose not to participate in this transaction due to the dual agency. I,owner of the property located at choose to participate in this transaction regardless of the dual agency. Owner's Signature Date Government's Signature Date Broker's Signature Date Exhibit 5 Lease award binder checklist Successful Offer SF-2 SFO Narrative Schedules Attachments Amendments Clarifications Form 3516A Solicitation Provisions Form 3517B General Clauses VA Amendments to General Clauses Form 3518 Representations and Certifications Form 1364A Proposal to Lease Space Form 1217 Lessor s Annual Cost Statement Proof of Ownership or Control of Site Final Proposal Renderings and Drawings, Specifications, Calculations, and Design Narratives LEED Narrative and Scorecard Operations and Maintenance Plan VAAR 825.273-75 Security Requirements (VA IT Security Clause) VA National Rules of Behavior FAR Clause 52.204-10 Reporting Executive Compensation Small Business Subcontracting Plan Award Decision Memorandum and Scoring Evaluation Reports Award Decision Memorandum OMB Scoring Evidence of Financial Resources Registrations and Compliance EEO Compliance Submission Experian Report VETS-100 Report Bid Bond System for Award Management (SAM) Registration VetBiz Registration Miscellaneous Documentation Pre-lease Fire and Life Safety Evaluation and Accessibility Standards Certification Certificate of Current Cost and Pricing Data Certification of Building Energy Performance Certificate of Seismic Compliance (New Building) Appraisal/Construction Cost Estimate Funding Certification Prospectus Description and Public Law/SECVA Approval Advertisement Market Survey Report Exhibit 6 Lease File Checklist Required (X) or Required if applicable (*) A. Requirements Planning Incoming request X Interim Response X SCIP approval X Space Plan Approval * Congressional authorization * Secretarial approval * OCFM delegation and/or approval if annual unserviced rent or other authority thresholds are exceeded * Scope change approval/notification * Acquisition Plan X Documentation of Freeze the Footprint / No Net New policy compliance * Initial Scoring Determination X Certification of Funding Availability X Historical Properties Check * GSA Inventory Check * IGE X FEMA Flood Map X Map of delineated area X GREX Delegation X Source Selection Plan X B. Supporting Contract actions Broker Task Order * A/E Task Order * C. Market Research Kick-off Meeting Minutes X RPS Approval to Advertise X Copy of newspaper advertisement X All FBO amendments to advertisement * Notification to City official X All advertisements and notices published on FedBizOpps.gov X Summary of correspondence in response to ad(s) X Copy of Randolph-Sheppard Act Letter * Approval of Market Survey Team X Approval of Market Survey Criteria X Market Survey Report X Notice to SHPO X Assignable Option to Purchase * Property Appraisal(s) * Review Property Appraisal(s) * Letters providing landowner notice of inclusion and exclusion X D. Solicitation RLP/SFO X All amendments X RPS approval of Technical Requirements X Approval of Technical Award Factors and Definitions X RLP/SFO distribution list X Copy of FBO Synopsis X Summary of Offeror responses and correspondence X E. Evaluation of Initial Offers Abstract of Offers X Approval of TEB Members X Confidentiality Certificates X Technical and Price Evaluation - Report and scores X Scoring Runs for all Initial Offers X Competitive Range Determination * Notification to Offerors of inclusion/exclusion * Request/response/summary of Debriefs * Pre-negotiation notes X Negotiation Meeting Minutes X Notification to Competitive Range of FRP deadline X Notification to Competitive Range of any adjustments to FRP deadline X Copy of SAMS report for all initial offers X Copy of Vetbiz report for all initial offers X F. Evaluation of Final Revised Proposals Abstract of Offers X Approval of any new/replacement TEB Members * Confidentiality Certificate(s) of any new/replacement TEB Members * Technical Review/Scores X Price Review/Scores X Pre-negotiation notes X Negotiation Meeting Minutes X Notification to Competitive Range of FRP deadline X Notification to Competitive Range of any adjustments to FRP deadline X Price Review/Scores X Meeting Minutes from Best Value Determination with CO X Copy of SAMS report for all initial offers X Copy of Vetbiz report for all initial offers X G. Pre-Award Clearances Complete lease contract and all amendments (signed by lessor) X Laws and Executive Orders Checklist X Justification for other than Full and Open * NEPA Compliance (EIS/ROD, EA/FONSI or CATEX) X Appraisal X OMB Checklist and Determination that the lease is not capital X VetBiz Verification (SDVOSB/VOSB) * SAMS Verification (Small business) X Small Business Subcontracting Plan Submitted and Approved by OSDBU (Large Business) * Past Performance Questionnaires X Verification of Business Status from SAM.gov X ORCA Reps and Certs X EEOC Compliance (including clearance from DOL regional office if over 10M) * Evidence that leased space is outside the 100-year flood plain X Experian Report X Seismic Certification X Determination of Responsibility, all supporting documentation X Negotiation of Environmental Remediation * Confirmation of Funding Availability X Proof of Control of Property X Draft Award Notification X Proof of A/E State Licensure * Peer Review Checklist X Response from SHPO X Copy of OGC concurrence X Copy of OAEM concurrence * CRT/CRB Review * Performance Bond X Payment Bond X all clarifications * Schedule A (O and M plan) * Schedule B * Schedule C * Schedule D * Schedule E * Schedule F * project schedule * final proposal * form 1217 (lessors annual cost statement) X Form 3517B (General Clauses) X Form 3518 (Reps and Certs) X Form 3516A - Solicitation Provisions X labor standards provision X certification of building energy performance/LEED scorecard X VAAR 825.273-75 Security Requirements X FAR Clause 52.204-10 Reporting Executive Compensation X Certificate of Cost or Pricing Data X VA National Rules of Behavior X Scoring X Award Decision Memorandum X EEO ComplianceSubmission X fire and life safety evaluation and accessibility standards certification X Copy of award notification from FBO X Copy of award notification to VHA X Confirmation of Obligation of Funding X ACO/COR Appointment Letter X Copy of ACO delegation notification to lessor X Copy of ACO delegation notification to VAMC X ACO/COTR Warrant X Notice to Proceed for buildout/construction * Prospectus/SECVA approval X I. Post-Award Kick-off Meeting Minutes X Progress Reports X J. Acceptance Any Lease Amendments (LAs) for contract changes during buildout/construction X Request for Proposal (RFP) generated by VA X Lessor s cost proposal(s) X Independent Government Estimate(s) X PNM (including a determination of price reasonableness) X OGC approval(s) * Confirmation(s) of funding availability X Obligation of funds X Copy of Certificate of Occupancy X Copy of Fire Inspection Report X Copy of ACO delegation to ACO X Copy of ACO delegation notification to lessor X Copy of ACO delegation notification to VAMC X ACO/COTR Warrant X Final LA documenting acceptance and rent start (ie contract closeout) X Performance Evaluation X K. Other Protest Documentation * Claim Documentation * Cure Notice(s) * Show Cause(s) * Stop Work Documentation * SPECIAL REQUIREMENTS DESCRIPTION Task Order Authorization All work performed under this Contract shall be ordered by the Government by issuance of a written Task Order. Contractors shall accept only written TOs issued on a SF 1449 by an authorized Ordering Official, except for duly authorized emergencies. Verbal orders may only be authorized by the CO and in instances where issuance of a written TO would be impracticable given the circumstances (ie, natural disaster or national emergency). Verbal orders will be followed by an email or other written confirmation of the order. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR CONTRACTS 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/subcontrator 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. VA HANDBOOK 6500.6 MARCH 12, 2010 APPENDIX C 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 cause, if task orders are issued under 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. 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. INFORMATION SYSTEM DESIGN AND DEVELOPMENT Contractors shall not design and develop information systems, nor use VA HIPPA information under this contract. 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 COTR 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. 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 COTR. 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, PWS 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. 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. 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. 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. 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 $1,000.00 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-day s 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 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 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. 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. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (21-JAN-2019); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT 877-472-3779 or fbo.support@gsa.gov REGARDING THIS ISSUE.
Web Link: Link To Document
(https://www.fbo.gov/spg/VA/NOrVAMC/VAMCCO80220/36C25619Q0083/listing.html)
Record: SN05199360-F 20190123/190121230016 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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