Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 21, 2019 FBO #6327
SOURCES SOUGHT

V -- Storage, Inventory Management and Home Delivery Services

Notice Date

3/19/2019
 

Notice Type

Synopsis
 

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

36C24819Q0528
 

Response Due

3/29/2019
 

Archive Date

4/4/2019
 

Point of Contact

Mary Jane Gugliano
 

Small Business Set-Aside

N/A
 

Description

Request for information for Storage, Inventory Management and Home Delivery Services This is not a Request for Quote or Proposal; the Government is seeking information for market research purposes only. Your responses to the information will assist the Government in determining the appropriate acquisition method. The Department of Veterans Affairs, VA Caribbean Healthcare System, San Juan, Puerto Rico is conducting market research for qualified firms of all socioeconomic groups (SDVOSB; VOSB, Women Owned, Hubzone, other Small Businesses) and Large Business capable of providing personnel, materials, and services to provide Storage, Inventory Management and Home delivery patients to patients throughout the island of Puerto Rico. (Below is the Performance Work Statement). Applicable NAICS Code is 492110 with a Small Business Standard size standard of 1500 employees and Product Service Code of: V119 Transportation and Logistics Support Services. Firms desiring consideration shall provide by email a statement, no longer than 2-3- pages, on how well will you comply with CFR 125.6 (a) (1) Prime contractor s limitations on Subcontracting (If applicable). The following information is also needed, and shall be sent directly to the Contracting Officer referencing the following in the subject filed: Storage, Inventory Management and Home delivery services for the VA Caribbean Healthcare System (VACHS), San Juan, Puerto Rico: Company Name: Street Address, City, State and Zip Code Duns Number: Point of Contact Name: Point of Contact Phone Number: Point of Contact E-mail: Contractor must be registered in the System for Award Management (SAM) (see internet site: https://www.sam.gov). A solicitation is not currently available. If a solicitation is issued, it will be announced on the Federal Business Opportunities website: http://www.fbo.gov at a later date, and all interested parties must respond to that solicitation announcement separately from the responses to this announcement. E-mail: mary.gugliano@va.gov. IMPORTANT NOTE: Responses to this notice must be submitted via e-mail to the Contracting Officer s e-mail: mary.gugliano@va.gov and received no later than 10:00AM Eastern time on or before March 29, 2019. NO TELEPHONE INQUIRIES WILL BE ACCEPTED. This is a market survey for informational and planning purpose only. THIS IS NOT A SOLICITATION AND DOES NOT OBLIGATE THE GOVERNMENT TO ISSUE A SOLICITATION. Please be advised that the Government will not pay any information submitted under this announcement. Page 20 of 23 9 Page 1 of Scope of Work Storage, Inventory Management and Home Delivery Contract GENERAL Background: The Department of Veterans Affairs Caribbean Healthcare System has a requirement for storage, inventory management, and home delivery service of nutritional supplements and medical supplies. Performance Period for a base Period and four (4) one (1) year option periods. The Contractor shall provide warehouse storage, inventory management and home delivery service, to eligible beneficiaries. The contractor shall be responsible for: 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. Provide inventory reports monthly, quarterly and annually. Utilize a proven inventory management system. Guarantee that supplies shall be delivered to patient s home within two (2) Business days after the prescription received except in those cases where products are not available. Contractor Requirements: Service Areas: The contractor will be responsible for providing all requested services to all municipalities of Puerto Rico except Vieques and Culebra. Joint Commission Accreditation: N/A Branches/Agents: If the quoter maintains branches and/or agents through whom business may be transacted, the contractor must submit a list thereof with the quote. 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. Human Services Office of Inspector General's (HSS): No contract will be awarded nor payment made to any individual or entity that appears on the HSS Office of inspector General's (HSS/OIG). Service Call: The Contractor shall telephone the veterans/care-giver in order to arrange for a designated service call date at least three times in a period of two (2 ) days. All attempts shall be documented on the prescription. If after the second (2) consecutive working days the contractor fails to contact the Veterans, they shall notify the VA immediately by phone and by e-mail. Delivery Requirements: A legible Delivery Receipt with patient's signature, typed name and date of delivery is required. All carriers shall have uniforms and an identification badge with photo noticeable to all persons. Instructions on Usage of Equipment: Not Applicable 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 and/ or VHA DIRECTIVE 1761. Maintenance/Repair/Cleaning: Not Applicable Equipment Management: Not Applicable Inventory Management: The contractor works with the onsite Contracting Officer Representative(COR) but is ultimately responsible for maintaining inventory controls and preparation of a perpetual inventory records. The contractor shall require performing 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. A weekly forecast will be required. Products to be expired shall be notified to Contracting Officer Representative (COR) or to the designee three (3) months before expiration date to complete credits process. Discrepancies in Inventory: The contractor will maintain an accumulative for all VA owned merchandise during the contract period. Inventories upon Termination or Completion: Immediately upon termination or completion of the contract, the contractor in 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 the Contracting Officer Representative (COR) will certify the final Inventory Control Record document within 72 hours after termination or completion and submit to the COR. 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. 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. Infection Control: Not Applicable 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. Equipment Recall: Not Applicable Incident Involving a VA Beneficiary: All accidents, injuries and deaths related to the deliveries shall be immediately reported verbally to the Contracting Officer Representative(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. 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. 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. Unusual Conditions: The Contractor shall notify the Contracting Officer Representative(COR), immediately; if any of the following unusual conditions are known to exist concerning the VA beneficiary in: Change of address and / or telephone number VA beneficiary is hospitalized or expires VA beneficiary cannot be reached Any beneficiary complains related to merchandise 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. 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. Background Checks: Contractor shall provide a background check of every personnel involved with this contract. 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. 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. Emergency Procedures: 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. Immediately after contract awards, the contractor shall provide a point of contact to include telephone, facsimile and cellular/page number for twenty-four (24) hour emergency services. The Contractor will be available to deliver on Saturdays and/or Sunday as needed, prior to patient coordination call if occur. 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. 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. Key Personnel: (a) 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. (b) Driver shall possess all necessary licenses and/or permits to perform work under this contract. (c) Drives shall be dressed in company uniforms that are neat and clean, presenting a well-groomed professional appearance. (d) Contractor personnel shall have visible picture identification bearing the company s name and the employee s name. 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. Climate Control: Supply storage locations must have a stable environment without extreme changes in temperature and humidity. Items stored within these locations must be maintained in the normal temperature range of 72-78 degrees with humidity between 20%-60 %. This done to assure the supplies within all storage areas are under climate control conditions regardless of the length of storage time. Real Time Located System (RTLS) temperature and humidity tracking to produce alerts and historical monitoring reports will be required. Information Security Precautions: To ensure that VA sensitive information, which includes Patient Identifiable Information (PII) 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 for your company to perform this contract. The contractor shall take necessary precautions to avoid disclosure of PII 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 have required to handle limited patient s information to  coordinate  date, time and site  of deliveries of goods.   The contractor will pick up  patient s 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  HIPAA and  VA Policies and Regulations regarding safeguarding patient s sensitive information. The contractor  must  have   encryption certified equipment and devices, to receive and handle messages with PII from the VA   The C & A requirements do not apply, and that a Security Accreditation Package is not required 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) 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 1. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS: a. 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. b. 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. c. 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. d. 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. Contractor Personnel Security Requirements: All contractor employees who require access to the Department of Veterans Affairs computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract the contractor will be responsible for the actions of those individuals that provide or perform work for the VA. 1. Position Sensitivity The position sensitivity has been designated as ( low )risk. 2. Background Investigation The level of background investigation commensurate with the required level of access is National Agency Check (NACI) with written inquiries. 3. Contractor Responsibilities a. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse the VA within 30 days. The web site which provides information on the cost of the security investigation is: www.opm.gov\extra\investigate Select Federal Investigations Notices (FIN 01-01) b. 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. c. The contractor will provide to the Contracting Officer prior to award the following: (1) List of names of contract personnel. (2) Social security numbers of contractor personnel. (3) Home address of contractor personnel or the contractor address. The Contracting Officer will submit the above information to the Office of Security and Law Enforcement, Washington, D.C. The Office of Security and Law Enforcement will provide the necessary investigative forms (these forms are indicated in paragraph 3.d. below) to the contractor s personnel, coordinate the background investigations with OPM and notify the Contracting Officer and contractor of the results of the investigation. d. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt: (i) Standard From 85P, Questionnaire for Public Trust Positions (ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions (iii) FD 258, U.S. Department of Justice Fingerprint Applicant Chart (iv) VA Form 0710, Authority for Release of Information Form (v) Optional Form 306, Declaration for Federal Employment (vi) Optional Form 612, Optional Application for Federal Employment d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. 2. VA INFORMATION CUSTODIAL LANGUAGE: a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.1, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the Contracting Officer Representative (COR). 3. SECURITY INCIDENT INVESTIGATION: a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 4.LIQUIDATED DAMAGES FOR DATA BREACH: a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a)date of occurrence; (b)data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 for 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; an (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 5.SECURITY CONTROLS COMPLIANCE TESTING: On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all 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. 6.TRAINING: a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training and Privacy and HIPAA Training and HIPAA Training 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 Rules of Behavior before being granted access to VA information and its systems. b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the 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. The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW. *** IF APPLICABLE*** 7.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 COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The contractor/subcontractor shall certify to the COTR 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. c. 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. d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. e. 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. f. 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. g. 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; (2) 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 on individuals that is subject to the Privacy Act; and (3) 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. h. 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. i. 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. j. 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. k. 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. l. 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. 8.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. 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 Contracting Officer Representative (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 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; (a) 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 (b) 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. (c) 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. DISCLAIMER This RFI is issued solely for information and planning purposes only and does not constitute a solicitation. All information received in response to this RFI that is marked as proprietary will be handled accordingly. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with responding to this RFI. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (19-MAR-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/SJVAMC672/SJVAMC672/36C24819Q0528/listing.html)
 

Place of Performance

Address: 10 Calle Casia;San Juan, Puerto Rico

Zip Code: 00921

Country: USA
 

Record

SN05253703-F 20190321/190319230027 (fbodaily.com)
 

Source

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

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