Loren Data's SAM Daily™

SAMDAILY.US - ISSUE OF DECEMBER 06, 2019 SAM #6581
SOURCES SOUGHT

S -- Exhaust Hood Cleaning Service 671-20-2-5041-0005

Notice Date

12/4/2019 8:20:52 AM
 

Notice Type

Sources Sought
 

NAICS

561790 — Other Services to Buildings and Dwellings
 

Contracting Office

257-NETWORK CONTRACT OFFICE 17 (36C257) ARLINGTON TX 76006 USA
 

ZIP Code

76006
 

Solicitation Number

36C25720Q0158
 

Response Due

12/9/2019 8:59:59 PM
 

Archive Date

02/07/2020
 

Point of Contact

Michael Simington210-694-6241michael.simington@va.gov
 

E-Mail Address

michael.simington@va.gov
(michael.simington@va.gov)
 

Awardee

null
 

Description

This Sources Sought Notice is for informational and planning purposes only and shall not be construed as a solicitation or as an obligation or commitment by the Government. This notice is intended strictly for Market Research. This is a Request for Information only. This is NOT a solicitation for proposals, proposal abstracts, or quotations.The Department of Veterans Affairs, South Texas Veterans HCS, San Antonio, Texas intends to award a Firm-Fixed Price contract for the service of Exhaust Hood Cleaning Service. (See attached for a description of items). The Government is conducting a market survey to help determine the availability and technical capability of qualified service-disabled veteran-owned small businesses, veteran-owned small businesses, small businesses, HUBZone small businesses and/or other large businesses capable of serving the needs identified below. This notice of intent is for open market as well as Federal Supply Schedule (FSS) items. If you have these items or similar items on FSS, please respond with your FSS Number.The purpose of this notice is to gain knowledge of potential qualified sources and their sizeclassification/socioeconomic status (service-disabled veteran owned small business, veteran owned small business, women owned small business, HUB Zone, 8(a), small business or large business, relative to NAICS 561790. Responses to this notice will be used by the Government to make appropriate acquisition decisions. A solicitation is not currently available. If a solicitation is issued, it will be announced on Federal Business opportunities website http://www.fbo.gov or GSA E-Buy at a later date, and all interested parties must respond to that solicitation announcement separately from the responses to this announcement.***Brand-name or equal accepted. *** Your responses to the information requested will assist the Government in determining the appropriate acquisition method, including whether a set-aside is possible.Please advise if you carry the products for this requirement. Please submit all information to Michael Simington at michael.simington@va.gov no later than December 09, 2019, 1600 CST.ITEM INFORMATIONITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT00011.00YR____________________________________Kitchen exhaust hood and duct cleaning service, ALMC & KD. LOCAL STOCK NUMBER: N/AGRAND TOTAL__________________Statement of WorkKitchen Hood Cleaning at South Texas Veterans Health Care System (STVHCS)1. General. Contractor required to provide hood, duct, blower and filter cleaning service for the STVHCS designated locations. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. 1.1. Description of Services / Introduction. The contractor shall furnish all equipment, tools, supplies, expertise, materials and other items necessary to perform cleaning kitchen exhaust hoods, ducts, blowers and filter in various locations throughout STVHCS. Certified, qualified, trained, and efficient personnel skilled in the trade must perform in the best and most workmanlike manner and in compliance with the contract and industry standards. Contractors must be certified. Certification must come from an industry standardized organization such as IKECA (International Kitchen Exhaust Cleaning Association) or comparable. Contractor will be responsible for providing proof of certification for Certified Exhaust Cleaning Specialists on an annual basis or as directed by their certifying industry standardized organization. Contractor must provide a photocopy of certification to the Contracting Officer (CO) and Contracting Officer Representative (COR) within 10 days of certification renewal. During performance of work, at least one certified technician must remain on-site at all times. CONTRACTOR SHALL ENSURE COMPLIANCE WITH ALL STATE, FEDERAL AND LOCAL REGULATIONS AND LAWS. EMPLOYEES PROPOSED TO PERFORM WORK UNDER THE CONTRACT MUST MEET ALL STATE, FEDERAL AND LOCAL REGULATIONS AND LAWS INCLUDING BUT NOT LIMITED TO LICENSING, EDUCATION AND QUALIFICATION REQUIREMENTS FOR THE TYPE OF SERVICES TO BE PERFORMED. 1.1. Basic Services. The contractor shall clean (to the bare metal) and certify hood and duct systems identified in table 1. Site LocationHood LocationNumber of FiltersAudie L. Murphy CampusNutritional & Food Service Kitchen Front12Audie L. Murphy CampusNutritional & Food Service Kitchen Back12Audie L. Murphy CampusPatriot Canteen Front9Audie L. Murphy CampusPatriot Canteen Back7Audie L. Murphy CampusBarter Research Unit Kitchen1Audie L. Murphy CampusPenthouse0���Kerrville CampusNutritional & Food Service Kitchen Front10Kerrville CampusNutritional & Food Service Kitchen Back10Kerrville CampusPatriot Canteen Front5Kerrville CampusPenthouse0Table 1Cleaning procedures must adhere to the requirements of the National Fire Protection Association (NFPA) 96, which is entitled Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. Contractor must also follow standards set forth in the National Fire Code, and Occupational Safety and Health Standards (OSHA) requirements. Contractor shall be extremely familiar with the above regulations. Contractor shall perform all work in strict accordance with the highest safety standards and applicable codes in order to eliminate the possibility of damage to installed machinery, equipment and building structures. Contractor is responsible for cleaning from the exhaust exit point, down to the hood which includes exhaust fan, duct work, filters, hood, and drip containers. Some exhaust hood systems will require the use of access panels. Government will be responsible for installing access panels as required. Contractor shall be familiar with multiple types of exhaust hood systems. The contractor shall be responsible for cleaning the exhaust fan drip containers on the roof prior to tipping the exhaust fan (to avoid roof decay from excess grease). Contractor shall not dispose used filters on campus. Contractor shall be responsible to replace the filter in the exterior (rooftop) drip container. If a filter is not in the drip container, contractor is required to place a new one in the container and shall annotate the filter was missing on the after service report (ASR). Kitchen filters (initial interior filtering system) must be removed before any work is done on the hood and duct system, and once contractor has cleaned the filters thoroughly, they shall be returned to their original position at the completion of services. 1.1.1. Definition. For the purpose of this contract, an exhaust hood and duct system is considered a continuous passageway for the transmission of air and vapors that, in addition to the containment components themselves, must include duct fittings, dampers, plenums, filters, and/or other items of air handling equipment. Exhaust duct and hood systems will comprise of the exhaust duct systems, the fan and blower housing, fan wheel/blades, fan, drip containers, and other features inherent to the operation of the entire systems with the exception of the electric motor interiors. 1.1.2. Preparation Work. Contractor shall ensure all interior areas and equipment from the hood to the floor and all exterior areas and equipment around the hood exit point (roof or wall) are protected from being soiled during the cleaning process. If the equipment that requires protection from being soiled conducts heat or flame, the contractor shall use a nonflammable type of protection to cover and protect said equipment. Contractor will ensure equipment which produces flame or heat is turned off or in stand-by mode before services begin and turned on when services are complete. When accessibility requires movement of equipment the contractor will move it. The contractor is responsible for connecting or disconnecting equipment utilities (gas, electric, water, etc.) and will follow all regulations applicable to the task. Contractor shall be responsible for cleaning all areas or equipment that are soiled, dirtied, or damaged during the performance of services at no additional cost to the Government. Cleaning of soiled areas and items shall be done in accordance with the manufacturer s suggested cleaning methods. Contractor is responsible for all damaged or unusable products, equipment, and items. Clean up procedures must be completed prior to the contractor departing and the facility opening for normal business.1.1.3. Waste Water Containment. As part of preparation work and prior to any cleaning procedures, the contractor must have an industry standard and environmentally sound method to collect all wastewater generated from cleaning procedures. Wastewater must be contained and directed to an approved location or container during all cleaning processes to include the exterior procedures performed on the roof and the interior procedures performed on the hood. Wastewater may be disposed down a grease trap designed to handle wastewater. The contractor must not allow wastewater to run off the rooftops on to the ground or to enter into storm drains. Roof gutters and down spouts may be used if an industry standard and environmentally sound method of wastewater containment is set up at the bottom to prevent pollution. However, if used, the gutter and down spouts must be cleansed of all residue upon completion. Within 30 days of award of the contract, the contractor must submit in writing and ensure their collection methods for all wastewater generated are approved and accepted by the CO prior to usage. The method used must be submitted in writing for acceptance. It is the contractor s responsibility to notify the CO if method changes and re-establish acceptance.1.1.4. Fire Suppression System. The hood and duct systems are equipped with fire suppression systems. Components of the fire suppression system shall not be rendered inoperable during the cleaning process. Flammable solvents or other flammable cleaning aids must not be used. Cleaning chemicals must not be applied on fusible links or other detection devices of the automatic extinguishing system. Contractor must notify contracting officer representative (COR) immediately if contractor notices any irregularities or non-operational units. Contractor must ensure the latches and trigger points of these systems are free of grease and build up. The contractor s cleaning technician must be aware of the operations of fire suppression systems. If, in the process of cleaning the hood and duct system, the fire suppression system should let down/release, the contractor is held responsible for cleanup of all affected areas as well as recharging the fire suppression system by a certified technician in the fire suppression field. The contractor will be responsible for clean-up procedures and associated costs as stated in paragraph 1.1.2, Preparation Work.1.1.5. Service Identification. Immediately after cleaning each hood, the contractor must affix a tag or label on each individual hood and duct system. The tag/label must be displayed on the outside of hood, not on the inside where it would be overly susceptible to grease laden vapors. The tag/label must adhere and be legible until the next scheduled service, and it must be able to withstand normal cleaning procedures used by occupant to clean the hood surface. The tag/label must not damage the system or interfere in the operation of the hood and duct system. The tag/label at a minimum must include the following information: the contractor s company information, the date (month, date, and year) in which that system was cleaned, when the next scheduled service is required per contract (month and year), and the signature of contractor s cleaning technician. The signature of the cleaning technician certifies that the exhaust hood and duct system has been cleaned to meet all NFPA 96 standards and requirements and all requirements outlined in this statement of work. The month must be spelled out (January, February, March); the abbreviation can be used but to avoid confusion do not use the month number. While cleaning an exhaust system, if the contractor discovers an area that cannot be cleaned because it cannot be accessed, contractor shall annotate on the certification label as such inaccessible area exists in this system and shall also annotate it on contractor s after service report (ASR) in specific detail what areas are not accessible.1.1.6. After Service Report (ASR). At the completion of all types of services, the contractor is required to fill out a written report to be submitted to the COR within three (3) working days after services are completed if a problem was annotated, otherwise ASRs can be submitted at the end of the month with the invoice. Failure to have all required data below will result in a written discrepancy for SS 2, Report Requirements. Contractor shall submit the ASR to the COR. The ASR at a minimum must include the following information: Contractor s company name, address, and telephone numberContract numberThe notification time, date and time of service Indicate if it is a reperformance by annotating the date the unacceptable service was performed initiallyThe date (month and year) of next scheduled serviceThe facility and exhaust hood locationThe work performed (scheduled or emergency) and the number of hood and ducts servicedThe cleaning technician s signature (the employee who shall sign the certification tag/label, if multiple technicians are used, ensure technician also prints name along with signature.)Annotate if any inaccessible areas were found and contractor s recommended solution Annotation if drip container filters were present or not A place for comments contractor can alert the Government of any particular problems, hazards, requests or recommendations regarding that particular hood and duct system A place for signature for the COR1.2. Contract pricing and Performance periods: All pricing shall be invoiced based on per location (Table 1) and frequencies identified in table 2. The contract performance periods are one base period, plus four option years. Period of PerformanceFrequency of ServiceBase year: 1 April 2020 31 March 2021April and OctoberOption year 1: 1 April 2021 31 March 2022April and OctoberOption year 2: 1 April 2022 31 March 2023April and OctoberOption year 3: 1 April 2023 31 March 2024April and OctoberOption year 4: 1 April 2024 31 March 2025April and OctoberTable 21.2. Contractor Provided Equipment and Supplies. No Government equipment will be provided. Contractor must own or lease a lift to gain rooftop access to certain facilities. Contractor owned or leased equipment such as sprayers or lifts shall be free of leaks (oil, fuel, water, hydraulic fluids, or any other substance). The CO or COR can request removal of equipment from the campus, at no cost to the Government, if equipment is not clean and in good repair or presents a fire or safety hazard. Maintenance repair of equipment shall not be done on Government property.1.2.1. Contractor-Furnished Vehicles. The contractor must provide and maintain vehicles for transportation to meet the requirements of this contract. All vehicles used in the performance of this contract must have the company name prominently displayed on the vehicle and be maintained to present a clean, neat, and professional appearance at all times. All vehicles used in the performance of this contract must be in operable condition and meet the local, state, and federal safety requirements. Vehicles found to be unsafe and unable to function as designed must be removed from the premises. Vehicular repairs must not be done on VA property. The CO, COR or VA Police Service may inspect the contractor s vehicles at any time and direct the removal of any unsafe or objectionable vehicle from the premises. 1.2.1.1. The contractor s equipment must be of commercial quality, size, and type suitable for accomplishing the various phases of work specified. All electrical equipment used by the contractor must meet all safety requirements and must be UL approved. It must be the responsibility of the contractor to prevent the operation or attempted operation of electrical equipment, or combinations of equipment, which require power exceeding the capacity of existing building circuits. The contractor s equipment must be in good repair and able to operate efficiently and safely. Equipment must be maintained to present a neat, professional appearance. The contractor must have a backup plan to provide services should contractor encounter equipment difficulties. The CO, COR, VA Police, or Hospital safety may inspect the contractor s equipment and/or tools at any time and direct the removal of any improper or unsafe equipment/tools.3. Hours of Operation. Services are expected to be performed Monday Friday between the hours of 1500 hrs (3 pm) and 2400 hrs (midnight) CST, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. In the event the scheduled cleaning falls on a holiday the contractor shall provide service the next business day. NOTE: The hours of operation MUST be coordinated with contracting office representative (COR) at least two (2) weeks prior to service to accommodate government personnel change of duty hours. 3.1. Recognized Holidays. The Contractor shall ensure holidays are reflected in the schedules. The Contractor is not required to provide routine services on the following approved holidays: - New Year s Day - 1 January- Martin Luther King Day - 3rd Monday in January- Washington s Birthday - 3rd Monday in February- Memorial Day - last Monday in May- Independence Day - 4 July- Labor Day - 1st Monday in September- Columbus Day - 2nd Monday in October- Veteran s Day - 11 November- Thanksgiving Day - 4th Thursday in November- Christmas Day - 25 DecemberIf a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day after the holiday observance. 4. Information Systems Office, Information Protection. The contractor will not have access to VA Desktop computers and will not have limited access to online resources belonging to the Government while conducting official Government business. The certification and accreditation requirements do not apply to this requirement and individual security accreditation packages will not be required by contracted employees.5. Privacy Officer. The contractor will not have access to Patient Health Information (PHI), and will not have the capability of accessing patient information such as inpatient status during the services provided to the VA. VA Privacy and Information Security Awareness, and Rules of Behavior training will be required.5.1. 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.5.2. Access to VA Information and VA Information Systems. 5.2.1. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.5.2.2. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.5.2.3. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.5.2.4. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.5.2.5. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.6. VA Information Custodial Language. 6.3.1. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).6.3.2. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.6.3.2. 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.6.3.3. 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.6.3.4. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.6.3.5. 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 12.6.3.6. 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.6.3.7. 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.6.3.8. 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.6.3.9. 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.6.3.10. 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. 6.3.11. 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 and subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.7. Security Incident Investigation. 7.1. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the 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.7.2. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.7.3. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.7.4. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.8. LiquidatedDamages. 8.1. Consistent with the requirements of 38 U.S.C. �5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any PHI the contractor/subcontractor processes or maintains under this contract.8.2. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.8.3. Each risk analysis shall address all relevant information concerning the data breach, including the following: - Nature of the event (loss, theft, unauthorized access) - Description of the event, including: - Date of occurrence - Data elements involved, including any PII, such as full name, social security number date of birth, home address, account number, disability code. - Number of individuals affected or potentially affected. - Names of individuals or groups affected or potentially affected. - Ease of logical data access to the lost, stolen or improperly accessed data considering the degree of protection for the data, e.g., unencrypted, plain text. - Amount of time the data has been out of VA control. - The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons). - Known misuses of data containing sensitive personal information, if any. - Assessment of the potential harm to the affected individuals.8.4. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and, 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.8.5. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:Notification.One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports.Data breach analysis.Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution.One year of identity theft insurance with $20,000.00 coverage at $0 deductible.Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8.6. 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 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. Records Manager. 9.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.�9.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.�9.3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by enough technical documentation to permit understanding and use of the records and data.�9.4. Contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of STVHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. 9.5. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.9.6. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to STVHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with previously mentioned paragraph.9.7. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.9.8. The Contractor shall not create or maintain any records containing any non-public STVHCS information that are not specifically tied to or authorized by the contract.�9.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.�9.10. The STVHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which STVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.9.11. Training. �All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security and Rules of Behavior Training. The Contractor is responsible for confirming training has been completed per agency policies, including initial training and any annual or refresher training.�9.11.1. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:9.11.2. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix A relating to access to VA information and information systems;9.11.3. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;9.11.4. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and9.11.5. 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.]9.11.6. 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. 9.11.7. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.10. Contract Award. The contract award shall be made to the offeror providing the best value to the Government. Best Value as defined by Federal Acquisition Regulation (FAR) 2.101 as the expected outcome of an acquisition that, in the Government s estimation, provides the greatest overall benefit in response to the requirement. Further in accordance with FAR 13.106-1 Offerors are notified that award shall be made based on the evaluation of quotations as outlined at FAR 52.212-2. 10.1. Post Award Conferences or Periodic Progress Meetings. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 11. Quality Control. The contractor shall establish and maintain a complete Quality Control Plan to ensure the requirements of the contract are provided as specified. One copy of the contractor's Quality Control Plan shall be provided to the Contracting Officer with the contractor's proposal. An updated copy shall be provided to the Contracting Officer as changes occur.The quality control plan shall comply with the requirements of FAR 52.246.4, Inspection of Services Fixed Price. The plan shall include the following: a. An inspection system covering all the services specified in this PWS; must specify the areas to be inspected on a scheduled or unscheduled basis, how often inspection will be accomplished, and the title of the individual (s) who will perform the inspections. b. The methods for identifying and preventing defectives in the quality of service performed before performance becomes unacceptable. c. On-site records of all inspections conducted by the contractor and necessary corrective action taken. This documentation shall be made available to the government during the term of the contract. 12. Government Review. The government will review the Contractor Quality Control Plan (QCP) to determine if it is adequate. If the plan is adequate, the government will accept the plan. If the plan is not adequate as submitted, the deficiencies will be identified to the contractor in writing. The contractor shall correct all identified deficiencies and submit a corrected Contractor Quality Control Plan within ten working days or contract start date, whichever is sooner. The government will also periodically review the way the contractor is conducting the quality control program by either reviewing the contractor's records, observing actual performance or both.13. Quality Assurance. 13.1. Contracting Officer s Representative (COR). Government personnel shall be appointed to monitor contractor performance and to inspect and accept or reject the services as required by the contract. The name and telephone number of each such person under the contract will be furnished to the contractor in writing by the Contracting Officer. 13.2. Government Evaluation. The government will evaluate the contractor's performance under this contract using the method of surveillance deemed appropriate. If the government COR reveals any contract provision not being met, a Contract Discrepancy Report (CDR) shall be prepared. The contractor shall respond to CDRs by completing the appropriate blocks explaining: (1) why performance was unacceptable, (2) how performance will be returned to acceptable levels, and (3) how recurrence of the problem will be prevented in the future. 13.3. Performance Assessment. This section identifies the process that measures success towards achieving defined performance objectives or goals defined within the performance thresholds in the Services Summary (SS), or the process of assessing progress towards achieving the objectives/goals. 13.4. Surveillance Approach. The intent is to primarily rely on the contractor s internal quality control processes, changing the government s role from oversight to insight . The original surveillance approach may not stay the same throughout the duration of the contract, therefore, all government evaluators should be prepared to periodically update the surveillance approach when necessary. The goal of our surveillance approach is to gain confidence in the contractor s way of doing business and then adjust the level of insight to a point that maintains that confidence. Quality assurance will be based on the Government s evaluation of contractor s results. All services performed must meet the prescribed performance objectives stated in the SS to be regarded as acceptable. Surveillance may be accomplished by Customer Feedback, Customer Survey, Contractor and Government Data and Documentation Review, and Contractor Meetings, as specified in the services summary. The following is a list of the key performance objectives that will be verified as contractually compliant by government personnel, however, inspection of any contract requirement is authorized. Each performance objective includes a government determined performance threshold and the procedures used to ensure these standards are met.13.5. Performance Evaluation Meetings. The contract manager may be required to meet periodically with the COR and the Contracting Officer during the contract. Meetings shall be as often as necessary as determined by the Contracting Officer. However, if the contractor requests, a meeting will be held whenever a Contract Discrepancy Report is issued. The meetings shall focus on performance and actual or potential problems. A mutual good faith effort shall be made by all parties to resolve all issues. The written minutes of these meeting shall be signed by the contract manager, Contracting Officer, and COR. If the contractor does not concur with the minutes, notice of non-concurrence shall be provided to the Contracting Officer. This notice shall be in writing and provided within seven work days of receipt of the minutes.SERVICES SUMMARY (SS) Performance ObjectivePWS Para.Performance MethodSurveillanceThresholdSS-1 Performance of Scheduled Cleaning Service1.1 1.1.4Periodic surveillanceNo more than 2 unacceptable cleaning or customer complaints per service periodSS-2 Report Requirements1.1.6Periodic surveillanceAt least 90% submitted per service periodSS-3 Service Identification Tag/Labels1.1.5Periodic surveillance100% of the time
 

Web Link

SAM.gov Permalink
(https://beta.sam.gov/opp/085c0cf8fbb14af096059ac959b9e335/view)
 

Place of Performance

Address: South Texas Veterans HCS;Audie L. Murphy VA Hospital;7400 Merton Minter;San Antonio, TX 78229

Zip Code: 78229
 

Record

SN05509447-F 20191206/191204230259 (samdaily.us)
 

Source

SAM.gov Link to This Notice
(may not be valid after Archive Date)

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