W060--Television Programming, Internet, and Voice Package
36C25022Q0525 Page 1 of Page 31 of 57 Page 1 of Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation 36C25022Q0624 is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2022-06 eff. 05/01/2022, and VAAR Update 2008-32eff. 11/01/2021. The North American Industry Classification System (NAICS) number is 517311and the business size standard is 1500 Employees. The Product Service Code (PSC) is W060. This solicitation is unrestricted, Full and Open competition. All interested companies shall provide quotations for the following: STATEMENT OF WORK I. Scope of Work Contractor shall provide all parts, materials, labor, supervision, test equipment, technical manuals and transportation necessary to provide and maintain television programming located at the Veterans Community Resource and Referral Center (VCRRC) at 301 Piquette St, Detroit, Michigan, 48202. The initial term shall be one year, with four option years. This scope of work is strict accordance with all schedules, specifications, terms, conditions and provisions of this contract. Package shall include data, voice package. Package shall include Business Internet 200/20 Mbps and 1 Mobility Line. Additional services may be added to qualifying bundles. Package shall include two (2) TV boxes and remotes. Package shall include installation. The Contractor shall be licensed to provide cable television services and create/maintain cable distribution systems. Additional cable lines may be installed by either the contractor or Department of Veteran Affairs Medical Center. However, the contractor shall connect satellite/cable system to main distribution system for VA installed outlets. All FCC regulations shall be observed. Additional cable lines run by either the VA or a cable contractor need to be individually run from the hub in the building and no splitters shall be used on existing lines, which degrades the signal. Upon initial installation the contractor must supply the most up to date/current high definition (HD) service/equipment. The supplied service/equipment must be compatible with VA channel modulators that supply a standard channel line-up to each outlet. The quality of the signal, channels offered, and fast response to quality issues is paramount to this contract. II. Specific Tasks The minimal channels provided to the VCRRC in Detroit, MI, shall be: Conformance standards: All services provided under this contractor must be performed in conformance with the National Fire Protection Agency (NFPA), Occupational Safety and Health Administration (OSHA), and Original Equipment Manufacturer standards and specifications. Hours of Work: Hours of work for preventative maintenance and emergency repairs are defined as Sunday tough Saturday (7days) from 7 a.m. to 5 p.m. Inspections: The Contractor shall perform an annual review arranged with the Contracting Officer Representative of designee. The Contractor shall notify the Contracting Officer or designee of the existence or development of an defects in, or repairs to the equipment covered under this contract which the Contractor considers he/she is not responsible for under the terms of the contractor (such as operator misuse). All exceptions to the inspection schedule shall be arranged and approved in advance with the Contracting Officer III. EMERGENCY REPAIR SERVICE: Repair service shall consist of replacing receivers, modulators, parts, calibration, cleaning, adjusting and maintaining the equipment except those services necessitated by accident, fire, or abuse. The Contracting Officer and Contracting Officer Representative have the authority to approve/request a service call from the Contractor. No fees shall be assessed without expressed written authorization from the Contracting Officer. Response Time: The Contractor's Field Service Engineer must respond with a phone call to the Contracting Officer Technical Representative or designee within two (2) hours after receipt of notification. Work shall commence (on-site physical response) within twenty-four (24) hours after receipt of notification and shall proceed progressively to completion without undue delay. IV. PARTS: The Contractor shall furnish all parts as necessary to maintain the equipment covered by this contract, in accordance with the Conformance Standards. All parts supplied shall be of current manufacture and have full compatibility with existing equipment. The Contractor shall provide equipment at no cost to the VA. Transmission cables shall be shielded and adequate for transporting quality digital signals (e.g. quad shield, RG-6) and shall be installed in a professional manor. Unless otherwise approved by the facility manager, in-wall and in-ceiling installation methods shall be used in conjunction with wall plates and modular connector jacks. Penetrations made to exterior walls shall be discrete and preapproved by the facility manager. V. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT: 1. The Contractor's staff shall include a "fully qualified" Field Service Representative assigned to this area and a "fully qualified" Field Service Representative who shall serve as the backup. "Fully qualified" is based upon training and on experience in the field. For training, the Field Service Representatives must have successfully completed a formalized training program for the equipment covered under this contract. For field experience, the Field Service Engineers must have a minimum of one (1) year of experience providing preventive maintenance and emergency repair services on the same make and model of equipment covered under this contract. VI. SAFETY REQUIREMENTS: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer or designee shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the Contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default. VII. VHA Supplemental Contract Requirements for Combatting COVID-19: Contractor employees who work in or travel to VHA locations must comply with the following: Documentation requirements: If fully vaccinated, contractors shall show proof of vaccination. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination. If unvaccinated, contractors shall show negative COVID-19 test results dated within tee calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor s order or an FDA approved over-the-counter test that includes an affiliated telehealth service. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel. Documentation will not beA collectedA by the VA;A contractorsA shall, at all times,A adhere to and ensure compliance withA federal laws designed to protect contractor employee health informationA and personally identifiable information.A Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contactA and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. ContractorsA shall, at all times,A adhere to and ensure compliance withA federal laws designed to protect contractor employee health informationA and personally identifiable information.A Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities. **END OF SOW** PRICE/COST SCHEDULE Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 Television Programming, Internet, and Voice Services. Base YR: June 1, 2022-May 31, 2023 12 MO 0002 Television Programming, Internet, and Voice Services. Option YR 1: June 1, 2023-May 31, 2024 12 MO 0003 Television Programming, Internet, and Voice Services. Option YR 2: June 1, 2024-May 31, 2025 12 MO 0004 Television Programming, Internet, and Voice Services. Option YR 3: June 1, 2025-May 31, 2026 12 MO 0005 Television Programming, Internet, and Voice Services. Option YR 4: June 1, 2026-May 31, 2027 12 MO The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items NOV 2021 FAR 52.212-3, Offerors Representations and Certifications Commercial Items FEB 2021 FAR 52.204-7, System for Award Management OCT 2018 FAR 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Service or Equipment NOV 2021 Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items NOV 2021 852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items APR 2020 52.204-13, System for Award Management Maintenance OCT 2018 52.232-40, Providing Accelerated Payments to Small Business Subcontractors , NOV 2021 852.242-71, Administrative Contracting Officer OCT 2020 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders JAN 2021 The following subparagraphs of VAAR 852.212-70 are applicable: 852.203-70, Commercial Advertising 852.2232-72, Electronic Submission of Payment Requests The following subparagraphs of FAR 52.212-5 are applicable: 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) 52.219-28, Post Award Small Business ProgramA RepresentationA (NOVA 2020) 52.222-3, Convict Labor (June 2003) 52.222-50, Combating Trafficking in Persons (OCT 2020) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Oct 2018) 52.232-36, Payment by Third Party (MAY 2014) IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed tough the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or 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 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. 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 COR. 4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT Intentionally Deleted. 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE Intentionally Deleted. 6. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the 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. 7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8. SECURITY CONTROLS COMPLIANCE TESTING Intentionally Deleted. 9. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. (End of Clause) Effective Date: 02/01/2022 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Offer Submission All quoters shall submit the following: Total cost per month inclusive of phone, television, and internet service for base year and the four option years. Quote may also include a line item for initial equipment and installation. Submit capability statement and certifications/licenses to provide services under the statement of work. Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. Options will be evaluated at time of award. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. The following are the decision factors: Price, Technical Capability, and Past Performance. Submission of your response shall be received via email no later than May 23, 2022 at 12:00 PM EST. Email your lowest price proposal to: Cistopher Gundy Contracting Officer Cistopher.gundy@va.gov.
36C25022Q0525 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 10
5/16/22, 2:15 PM