SOLICITATION NOTICE
R -- Presolicitation Notice: Master Planning Consultant Service SDVOSB Set-Aside
- Notice Date
- 9/9/2021 10:44:37 AM
- Notice Type
- Presolicitation
- NAICS
- 541611
— Administrative Management and General Management Consulting Services
- Contracting Office
- 247-NETWORK CONTRACT OFFICE 7 (36C247) AUGUSTA GA 30904 USA
- ZIP Code
- 30904
- Solicitation Number
- 36C24721Q1289
- Response Due
- 9/9/2021 1:00:00 PM
- Archive Date
- 09/24/2021
- Point of Contact
- Leonard Robinson, Contracting Specialist, Phone: 404-321-6111 x5508
- E-Mail Address
-
leonard.robinson@va.gov
(leonard.robinson@va.gov)
- Small Business Set-Aside
- SDVOSBC Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)
- Awardee
- null
- Description
- VISN 7 MASTER PLANNING CONSULTANT SERVICES 2022 The Department of Veterans Affairs, RPO-East NCO 7 located in Tucker, Georgia anticipates the award of a Firm-Fixed price VISN (7) Master Planning Consultant Services which covers the following VA Medical Facilities and Community Based Outpatient Clinics as identified in the attached SOW: Georgia, South Carolina and Alabama. This service will be acquired in accordance with FAR 13 Simplified Procedures. The requirement will be a TOTAL SDVOSB SET-ASIDE. The government anticipates awarding a contract for a period of 1 year. Statement of Work (SOW) information is attached for additional information. The applicable North American Industry Classification System Code (NAICS) for this procurement is 541611: Administrative Management and General Management Consulting Services. The Small Business Size Standards is $16.5 Million. THIS PRESOLICITATION NOTICE IS NOT A REQUEST FOR QUOTE (RFQ). VENDORS SHOULD NOT SUBMIT FORMAL QUOTES UNTIL THE RFQ IS POSTED TO THE GENERAL PUBLIC. This notice is not to be construed as a commitment by the Government nor will the Government pay for the information resulting from this posting. All interested parties shall have a current registration and current annual On-line Representation and Certifications Application (ORCA) in the System Award Management (SAM) database https://www.sam.gov at time of submission and award. Points of Contact: Leonard Robinson Leonard.robinson@va.gov STATEMENT OF WORK VISN 7 MASTER PLANNING CONSULTANT SERVICES 2022 PART A SCOPE OF WORK Consultant Services shall include: The Consultant will provide services that include Master Planning, drawings maintenance, and Strategic Capital Investment Planning (SCIP) readiness. VISN 7 has a total 9,076,057 gross square feet (GSF) of owned space in 243 buildings, and 1,558,241 net usable square feet (NUSF) of leased space in 89 buildings across the Network (VISN 7 Headquarters (HQ) and 8 facilities (10 sites)). The sites of care are summarized in the below table: Alabama Market Georgia Market South Carolina Market Birmingham VA HCS Owned Space: 799,567 GSF Owned Buildings: 4 Acres: 4 Leased Space: 262,536 NUSF (includes 1 larger replacement lease, 1 new lease, and 1 lease that will be disposed of (all in FY22)) Leased Buildings: 14 Approved Future Leases: 1 (this is a larger replacement lease) Atlanta VAMC Owned Space: 1,347,027 GSF Owned Buildings: 16 Acres: 51 Leased Space: 433,673 NUSF (includes 2 new leases that will be online in FY22) Leased Buildings: 29 Approved Future Leases: 1 Columbia VA HCS Owned Space: 1,213,816 GSF Owned Buildings: 46 Acres: 97 Leased Space: 180,629 NUSF Leased Buildings: 11 Approved Future Leases: 4 (2 are larger replacement leases which does not increase the number of leased buildings) Central Alabama VA HCS West Campus Montgomery: Owned Space: 357,188 GSF Owned Buildings: 16 Acres: 50 Leased Space: 183,663 NUSF (includes 1 larger replacement lease that will be online in FY22) Leased Buildings: 5 East Campus Tuskegee: Owned Space: 1,136,025 GSF Owned Buildings: 48 Acres: 187 Leased Space: 0 Leased Buildings: 0 Augusta VAMC Downtown Division: Owned Space: 666,467 GSF Owned Buildings: 2 Acres: 20 Leased Space: 28,554 NUSF Leased Buildings: 3 Approved Future Leases: 3 (all are larger replacement leases which does not increase the number of leased buildings) Uptown Division: Owned Space: 1,063,819 GSF Owned Buildings: 18 Acres: 105 Leased Space: 0 Leased Buildings: 0 Ralph H. Johnson VA Medical Center in Charleston, SC Owned Space: 571,978 GSF Owned Buildings: 7 Acres: 19 Leased Space: 380,651 NUSF Leased Buildings: 15 Approved Future Leases: 3 Tuscaloosa VA Medical Center Owned Space: 1,135,711 GSF Owned Buildings: 42 Acres: 120 Leased Space: 8,049 NUSF Leased Buildings: 4 Carl Vinson VA Medical Center in Dublin, GA Owned Space: 784,435 GSF Owned Buildings: 44 Acres: 101 Leased Space: 50,679 NUSF (includes 1 larger replacement lease that will be online in FY22) Leased Buildings: 6 Approved Future Leases: 4 (3 are larger replacement leases) VISN 7 HQ (leased space in Duluth, GA, and Augusta GA) Leased Space: 29,807 NUSF Leased Buildings: 2 VA Southeast Network (VISN 7) Total: Owned Space: 9,076,057 GSF Owned Buildings: 243 Acres: 754 Leased Space: 1,558,241 NUSF Leased Buildings: 89 Approved Future Leases: 16 (9 are larger replacement leases) Acronym Table VA Veterans Affairs VHA Veterans Health Administration VISN Veterans Integrated Services Network SOW Statement of work SCIP Strategic Capital Investment Planning GSF Gross Square Feet NUSF Net Usable Square Feet HQ Head Quarters HCPM Health Care Planning Model CAI Capital Asset Inventory FCA Facility Condition Assessments .dwg AutoCAD CAD Computer-aided design NRM Non-recurring maintenance CSI Clinical Specific Initiative SAT SCIP Automation Tool ADA Americans Disability Act NFPA National Fire Protection LEED Leadership in Energy and Environmental Design NEC National Electric Code NEMA National Electrical Manufacturers Association EISA Energy Independence and Security Act UL Underwriters Laboratory, Inc. JCAHO Joint Commission on Accreditation of Healthcare Organization NTP Notice to proceed CO Contracting Officer CS Contracting Specialist COR Contracting Officer s Representative PDF Portable Document Format .mpp Microsoft Project QASP Quality Assurance Surveillance Plan QCP Quality Control Plan AQL Acceptable Quality Levels U.S.C. US Code CPARS Contractor Performance Assessment Reporting System CDR Contract Discrepancy Report AE Architect Engineer HVAC Heating, ventilation, and air conditioning IT Information Technology FAR Federal Acquisition Regulation NARA National Archives and Records Administration NIST National Institute of Standards and Technology FIPS Federal Information Processing Standards SP Special Publications MASTER PLANNING: The Consultant will develop a Strategic Business Plan and related Strategic Facility Plan that provides a vision for growth over the next 10 years for each VA Southeast Network facility. The Consultant will work with the engineering staff, strategic and/or facility planner, and senior leadership team to collect necessary data, analyze the data, and present recommendations regarding projects to support that vision. Collect all necessary data that is provided by the VA and collected independently to include, but not limited to: Baseline Year (2021) Veteran population, enrollment, utilization, special population, and local demographics projection forecasts Existing workload Market and sector (sub-market) boundaries and service needs Drive time access and rural analysis VHA, VISN and Medical Center Mission, Vision Statements, and Strategic Plans Current facility goals and strategic plans where available Previous facility master plans Previous market assessment recommendations Current Health Care Planning Model (HCPM) Market Reports Current SCIP Gaps and Projects Proposed Capital and Non-Capital Solutions Capital Asset Inventory (CAI) including Facility Condition Assessments (FCA), and Capital Functional Survey Data Current facility project data (of ongoing work) and associated space implications Joint Commission Statements of Condition Other local facility data, and other documents as may be appropriate and available DRAWING MAINTENANCE: The Consultant will conduct a full face to face space audit of each main campus (8 facilities, 10 sites). The space audit should show all current rooms, the owning service, the current room usage, and any other information relevant to the planning effort. The Consultant will update the facility s existing AutoCAD (.dwg) floor plans with any discrepancies found. After the initial audit, two additional audits (virtual) will be made to accommodate changes that result from space moves, and/or renovations and construction projects. The Consultant will develop a process to request a data call and government will provide updates that were made since initial audit via space minutes, red-lines, as-builts, etc. in response to the data call. SCIP READINESS: The Consultant will develop a 10-year Construction Phasing Plan that considers the impact of all in-progress and/or pending renovations and make recommendations on the realignment of the facility s existing SCIP for NRMs, Minors, Leases, and Major projects. The 10-year Construction Phasing Plan will have detailed planning for first five years and broader overall objectives for the second five years. The Consultant will perform the following tasks: review and identify any new specific capital initiatives such as construction projects, special projects (studies) and/or leases; evaluate the advantages of build versus lease versus fee out decisions regarding capacity requirements (cost, timing of need, availability of resources, duration of need and location of need relative to location of customer shall be considered); evaluate the advantages of renovation versus new construction versus non-capital solutions regarding meeting capacity requirements (condition of facilities to be renovated, the cost of renovations, the existing layout and functionality of existing space, physical limitations and constraints, as well as adjacencies of existing space to other key programs in the facility shall be considered). For new capital solutions, the Consultant will develop realistic timelines, cost estimates, gap reviews, detailed description, and scope of work. VA will use this information to submit projects into SCIP (the Consultant will not perform SCIP submissions). For each project the Consultant will include a timeline that recommends the SCIP year/cycle that the project shall be entered into the SCIP Automation Tool (SAT). Prepare a Basis of Study that outlines the study details and the ultimate presentation in the final plan and reports. Prepare a Schematic Study that includes both a narrative and conceptual drawings that meets or exceed current VA performance measures, design guides, and access requirements through improved space utilization. It should demonstrate the following: proposed spatial improvements to facilities that will eliminate gaps and/or surpluses in care; upgrade the facility to meet current life safety and building code requirements; correct high priority (levels C, D and F) deficiencies as identified in the FCA; increase productivity; economize space; improve ergonomics; improve aesthetics; enhance overall appearance; reduce operational costs; and/or, extend the useful life of the facility through modernization of supporting architectural and utility infrastructure. The master plan should be based on the approved Schematic Study that outlines systematic and logically phased/sequenced plans for improving the environment of care of all medical and administration functions at each Medical Center and Community Based Outpatient Clinics. Additionally, the 10-year Construction Phasing Plan should be a part of the Master Plan. The Consultant conducting the master planning shall have at least ten years of experience in healthcare planning and five years of experience with federal contracts. Experience with healthcare clinical design, VA patient and family-centered care or Planetree philosophy, evidence-based design for interior features to promote healing environments, ADA, NFPA 101 Life Safe Code, LEED certification, energy conservation, interior design, and space planning is preferable. All work to be performed for this project must meet all National Fire Protection (NFPA); National Electric Code (NEC); National Electrical Manufacturers Association (NEMA); Energy Independence and Security Act of 2007 (EISA 2007); Underwriters Laboratory, Inc. (UL); Federal, State, and Local regulations and codes; and JCAHO standards and guidelines. Deliverables: Part I Basis of Study: Provide the COR with a detailed summary of current conditions, constraints, and plans. Submission due dates are found in section 10. This summary should include all meeting minutes, analyses performed, reviews performed, and other relevant documentation. This submission is intended to provide an agreed starting point for the master plan. It is expected by this submittal that the Consultant will have performed (at a minimum) the following tasks: Coordinated with VA personnel to develop a listing of all planning assumptions and constraints; and, Generated in a collaborative method with VA personnel a list of necessary interviewees to ensure that critical stakeholders are included; and, Facilitated planning meetings with all critical stakeholders to perform an analysis and determination of needs to develop options for the facility master plan. Reviewed the deliverable with the facilities ensuring that the submission is free of errors before submission to the COR. A facility point of contact will be provided to the Consultant for each site to coordinate the above activities. Part II Schematic Study: The submittal will include conceptual drawings, conceptual facility master plans, initial project listings and initial scope and cost estimates. Submission due dates are found in section 10. It is expected by this submittal that the Consultant will have performed (at a minimum) the following tasks: Identified any planned new programs for the facility and determined workload and space requirements for those new programs; and, Completed a Market Level Services Delivery Plan; and, Completed a Space and Service gap analysis that contains all required solutions; and, Evaluated and identified additional services needed to support new programs; and, Completed an initial gap evaluation and provided a report showing current and future deficiencies for: Support Services Clinical Services (Patient Care) Mechanical, Electrical, Plumbing Infrastructure Space Security Functionality/Adjacency/Efficiency Parking Reviewed the deliverable with the facilities ensuring that the submission is free of errors. Part III CAI: The submittal will include complete .dwg drawings and PDF s. Consultant will have 10 business days after each site visit and virtual meeting to update drawings. All efforts shall be done prior to the submission date for each phase. Submission due dates are found in section 1. Part IV Draft Master Plan and 10-year Construction Phasing Plan: The submittal will include a 60% draft of the master plan and 10-year construction phasing plan with refined drawings, project listings, refined project phasing plan, scope and cost estimates for all work included in the Master Plan. Submission due dates are found in section 10. Consultant shall be prepared to present this document to VISN 7 Network Leadership for discussion and feedback. Draft version to include two-page briefing paper, online presentation, and handout. It is expected by this submittal that the Consultant will have performed (at a minimum) the following tasks: Provided a general listing of program requirements, as well as a detailed listing of projects and prioritization; and, Utilized space projections to determine appropriate square footage needs on both the departmental and facility levels; and, Developed a detailed list of capital initiatives by year and program along with a Gantt Chart schedule for the Capital Master Plan that will identify tasks (broadly defined projects), task duration, task schedule (timing of activation to meet projected demand), task phasing (successor/predecessor relationships), as well as program resources required for accomplishment (NRM, CSI, Minor, Major, lease, etc.) preferred format for Gantt Chart is Microsoft Projects. Reviewed the deliverable with the facilities ensuring that the submission is free of errors. Part V Final Master Plan and 10-year Construction Phasing Plan: The submittal shall include final drawings, project listings, timeline, scope, and cost estimates for all work of the Master Plan. Consultant shall be prepared to present this document to VISN 7 Network Leadership for discussion and feedback. Meeting Frequencies (per site), Meeting Modalities, and Submission Due Dates: Item # of Meetings Required Meeting Modality Submission Due Date Part I Basis of Study 3 Virtual 60 Days from NTP Part II Schematic Study 2 Virtual 120 Days from NTP Part III CAI updates Initial space Audit 2nd space Audit Update floor plans (final update) 3 days 1 1 Face to Face Virtual Virtual 90 Days from NTP 240 days from NTP 330 days from NTP Part IV Draft Master Plan and 10-year Construction Plan 2 Virtual 180 Days from NTP Part V Final Master Plan 2 Virtual 300 Days from NTP Note: The VA will have 10 business days to review each deliverable and provide comments/feedback to the Consultant for corrections. Corrections from the Consultant shall be made within 5 business days. Submittal Formats Submittals shall be provided in electronic format only, unless specifically required to be in hard copy format as listed below. Electronic format includes: Portable Document Format (.pdf), Microsoft Office Suite formats (.doc, .xls, and .ppt), Microsoft Project (.mpp), and AutoCAD (.dwg) files are acceptable formats. Submittals shall additionally be compliant with Section 508 of the Rehabilitation Act (29 U.S.C. '794 d); information on the requirements for accessible media can be found at http://www.section508.gov/. Meeting/Conference Minutes: The Consultant will provide meeting minutes for all formal meetings and conferences held with the VA. Meeting minutes shall be submitted within five (5) business days of the meeting or conference. Site Visit Reports: Site visit reports shall be submitted within ten (10) business days of the visit. Part I: Basis of Study All documents in any of the electronic formats listed above on a CD. Three paper bond sets of documents for each facility. Part II: Schematic Study All documents in any of the electronic formats listed above on a CD. Three paper bond sets of documents for each facility. Part III: Draft Master Plan and 10-year Construction Plan All documents in any of the electronic formats listed above on a CD. Three paper bond sets of Master Plan document for each facility. Part IV: CAI updates All documents in any of the electronic formats listed above on a CD. Drawing updates shall be in .dwg and PDF for each facility. Part V: Final Master Plan All documents in any of the electronic formats listed above on a CD. Three paper bond sets of documents for each facility. PERIOD OF PERFORMANCE: 365 calendar days PLACE OF PERFORMANCE: The primary place of performance will be at the Consultant s facility; however, some may require work to be performed at Government facilities. Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). QUALITY ASSURANCE SURVEILANCE PLAN (QASP): This QASP describes a systematic method that will be used to evaluate the consultant s performance. Scope: Consultant shall have an on-going quality control program (QCP) designed to monitor and evaluate the quality and appropriateness of patient care, resolve identified problems, and pursue opportunities to improve patient care objectively and systematically. The written plan shall delineate the objective of the quality assurance activities, scope of the activities, activities for monitoring and evaluation, methods of implementation of the monitoring and evaluation activities, methods for reporting results, mechanisms for taking follow-up action and responsibilities of staff for each activity of the quality assurance program. The objectives, scope, organization, and effectiveness of the quality assurance plan shall be evaluated at least annually and revised as necessary. The Consultant shall present their Quarterly Quality Assurance Measures / Data / Outcomes at our Quarterly Assurance Meetings. Performance Requirements Standards: Performance standards define desired contractor performance. The VA performs surveillance to determine if the Consultant exceeds, meets, or does not meet these standards. The VA shall use the standards below to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). Description SOW Reference Quantity of Surveillance AQL Method of Surveillance Audit of customer satisfaction with Basis of Study development 2, 5, 5, 10.A, 11, 12 8 facilities 100% Monitoring of issues through meetings, management information systems, and customer service feedback Ratings will be documented in CPARS Audit of timeliness with completing drawing updates 3, 10.C, 11, 12 8 facilities 98% Monitoring of issues through meetings, management information systems, and customer service feedback; periodic inspection of updates Ratings will be documented in CPARS Audit of customer satisfaction with Schematic Study development 2, 4, 6, 10.B, 11, 12 8 facilities 100% Monitoring of issues through meetings, management information systems, and customer service feedback Ratings will be documented in CPARS Audit of customer satisfaction with Draft Master Plan and 10-year Construction Phasing Plan development 2, 4, 5, 6, 7 8, 9, 10.D, 11, 12 8 facilities 100% Monitoring of issues through meetings, management information systems, and customer service feedback Ratings will be documented in CPARS The following Government personnel shall oversee and coordinate surveillance activities: Contracting Officer (CO): Assigned CO: Laurinda Millage Organization: Department of Veterans Affairs, Network 7 Telephone: Contract Specialist (CS): Assigned CS: Leonard Robinson Organization: Department of Veterans Affairs, Network 7 Telephone: Contracting Officers Representative (COR): Assigned COR: Naieshah Aaron Organization: Department of Veterans Affairs, Network 7 Telephone: The Consultant has assigned the following personnel to measure the Consultant s QCP against the performance standards of this QASP in accordance with the Consultant s QCP. In addition, they will serve as the Consultant s Program Manager for this contract. Program Manager: TBD Telephone: TBD Email: TBD Methods of QA Surveillance: Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this plan: Monitoring of issues through meetings, management information systems, and customer service feedback Planned Direct Observation (Can be performed periodically or through 100% surveillance). Periodic inspection of updates Direct observation of Consultant work activities and deliverables. Data validation. Additional surveillance may be employed as determined necessary based on consultant performance. Ratings & Documenting Performance: Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used, and performance will be documented in CPARS: Acceptable Performance: The VA will document positive performance. Unacceptable Performance: When unacceptable performance occurs, the COR will inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR will document the discussion and place it in the COR file. When unacceptable performance occurs, the COR will inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR will document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR will prepare a Contract Discrepancy Report (CDR) and present it to the contractor's program manager. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The VA will review the contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO. PART B - Supplement B The project design shall be completed in accordance with this scope and all appropriate Department of Veterans Affairs (VA) standards, specifications, and other criteria otherwise required by the VA. The Consultant shall retrieve all VA design information and standards from the VA Facilities Web Site (http://www.cfm.va.gov/). These documents and all national, state, and local codes adopted and used by the VA shall be incorporated in the design of this project and reflected in the construction cost estimate. The following references, as applicable but not limited to, shall be utilized for planning and design purposes: National CAD Standard Details PG-18-4 VHA Program Guide PG-18-3 VA Master Construction Specifications Structural Design Manual National Electric Code PG-18-13 Barrier Free Design Handbook Life Safety Codes Electrical Design Manual Government-furnished Record Drawings (Consultant to field verify conditions) PG-18-15 AE Submission Requirements. HVAC Design Manual VA Sustainable Design Manual PART C Security Requirements VHA Handbook 6500 (Appendix B), 852.273-75 - Security Requirements for Unclassified Information Technology Resources: 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. VHA Handbook 6500 (Appendix C), Access to VA Information and VA Information Systems: 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. 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. 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. VHA Handbook 6500 (Appendix C), VA Information Custodial Language: Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if National Institute of Standards and Technology (NIST) issues or updates applicable Federal Information Processing Standards (FIPS) or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA Contracting Officer for response. Part D - Required Training All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: 1. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, VHA Handbook 6500, Appendix D relating to VA information and information systems. 2. Successfully complete the appropriate VA privacy training and annually complete required privacy training. The contract...
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