S02 Combined Sys. UPDATE.pdf

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SUBJECT* AHBPCE Communications Services (VA-23-00048007)

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 10468-3904

SOLICITATION NUMBER* 36C24223Q0745

RESPONSE DATE/TIME/ZONE 07-20-2023 12PM EASTERN TIME, NEW YORK, USA

ARCHIVE 90 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* 9999

NAICS CODE* 541430

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

POINT OF CONTACT*

Contracting Officer Clifford S. Harrison Clifford.Harrison@va.gov

718.584.9000. Ext.4680

PLACE OF PERFORMANCE

ADDRESS East Orange 385 Tremont Avenue

East Orange New Jersey

POSTAL CODE 07018

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION https://www.va.gov AGENCY CONTACT’S EMAIL ADDRESS Clifford.Harrison@va.gov EMAIL DESCRIPTION Clifford.Harrison@va.gov

DESCRIPTION

COMBINED SYNOPSIS/SOLICITATION: Airborne Hazards and Burn Pits Center of Excellence (AHBPCE) Communications For East Orange.

(i) 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,” and FAR 13.5 Simplified Procedures for Certain 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.

(ii) This solicitation is issued as a request for quote (RFQ). Request for Quote will be submitted through beta.sam.gov on RFQ reference number 36C24223Q0745.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 (eff. 06/02/2023).

(iv) This solicitation is Service-Disabled Veteran Owned Small Business set-aside open market solicitation. The associated North American Industrial Classification System (NAICS) code for this procurement is 541430 with a small business size standard of $9.0 Million. The FSC/PSC is 9999.

(v) This is a services contract to provide Airborne Hazards and Burn Pits Center of Excellence (AHBPCE) Communications at the East Orange VA Health Care System- located at 385 Tremont Avenue East Orange, NJ 07018. The Contractor shall provide clear pricing as the Contracting Specialist will need to distinguish between the varying costs of the procurement in order to determine price reasonableness.

(vi) The required work is as contained below in the Statement of Work.

1. Title:

Airborne Hazards and Burn Pits Center of Excellence (AHBPCE) Communications

2. Purpose:

This procurement is seeking communications and educational outreach services in order to provide Veterans, policymakers, providers and researchers with up-to-date information on airborne hazards exposures and burn pits. Required services and products will include presentations, interactive electronic data visualizations, graphic-focused materials, advertisements and news briefs, web-based marketing campaigns, print newsletters, fact sheets and blogs among other materials. Products will need to be consistent in their cohesive branding, clear messaging and innovative approaches which allow for AHBPCE to advocate for Veterans and their health care teams. The demand for a large amount of new, high-quality products in a timely way is greater than can be delivered through staffing structures.

3. Background:

The AHBPCE, located at the New Jersey War Related Illness and Injury Study Center, was officially recognized by Congress and the President in Public Law 115-929 as a VA Center of Excellence in May 2019. The Center focuses primarily on the following four areas: 1) Clinical and translational research related to airborne hazards and burn pits, 2) Specialized evaluations and diagnostic approaches to unexplained shortness of breath and other respiratory conditions, 3) Detection of emerging patterns in health conditions using data from the Airborne Hazards and Open Burn Pit Registry, and 4) Education that involves developing and disseminating best practices that can improve health outcomes for Veterans.

Due to passage of the recent Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics Act of 2022 (referred as the “PACT act”), there is increasing attention on the need to communicate information, knowledge, and best practices to VA’s providers and Veterans around airborne hazards and burn pits.

Additionally, a focus on airborne hazards and related information is increasingly sought by policymakers that need concise and clear competing communications.

4. Scope:

The Vendor shall be able to perform a range of activities to support high quality communications (“new knowledge”) deliverables, including: i) graphic design for electronic and print materials, ii) digital and non-digital product development, iii) website design and content development, iv) social media content on various platforms and messaging, and v) development and implementation of communications activities and outreach campaigns. These deliverables shall span a variety of platforms to inform multiple key audiences (i.e., Veterans and their families, clinicians and scientists, academic collaborators and policymakers) about airborne hazards and burn pits.

5. Period of Performance:

The period of performance is one 12-month base period and four 12-month option periods. Performance shall start one month following the date of award.

6. Place of Performance:

Work will be performed offsite at the contractor’s facility for successful completion of required deliverables. Virtual meetings will be held at least weekly, along with a project kick-off and close-out meetings, lasting approximately 60 minutes each. Any additional meetings will be scheduled as needed. Meetings will be virtual using the Microsoft Teams or similar platform. Contractor must work within the VA secured electronic environment (Teams, SharePoint, etc.) to facilitate communications.

7. Travel:

Travel to the AHBPCE or their affiliated sites for meeting support including photography or other collateral as needed. Local travel within a 50-mile radius from the contractor’s and Government facility is considered the cost of doing business and will not be reimbursed.

8. General Requirements:

The deliverables specified herein include plan and materials development, outreach, graphics support, evaluation design and support, multimedia development and support, website development and support, printing and production services, and mailing and distribution. Efforts shall include the development of a strategic communication plan that builds on communications efforts to date and is consistent with annual Center priorities for communication and outreach including development of multiple written materials;

presentations and tool kits that are consistent with VA, VHA, and AHBPCE strategic plans, policies, regulations, style guides, and publication standards. The Government will provide clarification on recommendations, requirements, templates, standards, and guidelines on all deliverables when clarification is not provided in this SOW prior to any action taken by the contractor. All work products developed by the contractor (formal and informal deliverables) shall become the property of the Government.

The contractor shall coordinate with the Contracting Officer Representative (COR) to schedule a Project Kick-Off Meeting with key staff; the VA PM and advisory group prior to commencing work. The contractor personnel shall also complete standard administrative tasks (e.g., background investigation forms, staff roster, mandatory training) as required.

The contractor shall prepare and submit progress reports to the COR and the VA PMs.

Monthly status reports shall be accompanied by a copy of that month’s invoice itemized by deliverable, as applicable. Progress reports shall include a narrative review of work accomplished during the reporting period itemized by project, significant events, problem areas, anticipated activity for the next reporting period, description of any travel or unique services provided, and other relevant information.

The contractor shall regularly participate in contract management meetings TBD. The contractor shall work with the VA COR to prepare the meeting agenda and prepare summary notes. Meetings will also be held to gather input from subject matter experts (SME), identify their needs, and translate the strategic communication plan into action.

Reports, meeting agendas, and draft/final deliverables will be saved and tracked on the VA network using SharePoint and Microsoft Teams.

The contractor shall provide the specific deliverables described below within the performance period of the resulting contract. An outline for each product shall be created for review prior to developing content. All content shall be provided in draft and be subject to two rounds of revisions. Once written content is approved, layout and design can proceed again with two rounds of revisions. Where a written milestone deliverable is required in draft form, the VA COR and lead technical contact will complete a review of the draft deliverable and provide feedback within ten business days from date of receipt. The VA COR will provide approval for each final deliverable, or rejection of the final deliverable with summary reasons in writing within five business days.

9 Tasks

9.1 Task 1: Project Management

10.1.1. The vendor shall develop a project plan that outlines the overall strategic approach to the requested work. The plan should address:

• Deliverables and deadlines

• Resources needed

• Roles and responsibilities

• Monthly progress reports

• Weekly teleconferences

VA will review the proposed project plan and return it to the contractor within two weeks with comments and any adjustments that might need to be made. For initial drafts of other deliverables, VA will provide comments within 10 days of draft receipt.

9.2 Task 2: Social Media and News Content Monitoring

10.2.1. The vendor shall perform limited social media monitoring to enhance AHBPCE social media presence and content along with and news clips content analysis as needed. The vendor will also review existing data from AHBPCE on Veteran preferences and opinions, and input from previous research and other means such as feedback from informal Veteran listening sessions and engagement activities as well as review existing website and outreach products to identify gaps.

10.2.2. The vendor shall develop metrics and evaluation criteria for communication materials, educational content, and research publications to monitor and ensure that efforts are effective in improving Veteran and provider education and increasing uptake of content via outreach.

9.3 Task Deliverables: Graphic Design

9.3.1 Develop digital images, illustrations, artwork photography, animations, videos, and other products for use in electronic (e.g., website, social media) and print materials (e.g., reports, articles, presentations, factsheets, newsletters). Ensure suitable access to digital photography for use in products and create as needed

9.3.2 Utilize and document design principles and high-resolution imagery with appropriate copyright and 508 compliances (if necessary). The contractor shall be responsible for production and/or reproduction of these materials, as necessary.

9.3.3 Identify and compile imagery from available stock photography for use in products.

9.4 Task Deliverables: Product Development

9.4.1 Develop clear and visually appealing communication materials and products.

Proposed products to be created may include brochures, posters, fact sheets, blogs, briefs, info graphics; audio or video, reports, presentation materials for Veteran and scientific presentations, recruitment flyers; brochures, postcards;

exhibits, posters for scientific presentations etc., as well as graphic design products listed in task 10.3.* (Spanish translations shall be made available upon request.)

9.4.2 Using best practices, develop a range of content using concepts of effective risk communication, health care communications and scientific medical communications.

9.4.3 Work collaboratively and closely with AHBPCE (and colleagues such as Post Deployment Cardiopulmonary Evaluation Network (PDCEN) sites among others) SME’s, etc. to research a topic, develop draft content for review, revisions, and approval, and develop recommendations to disseminate related information in appropriate formats and language suitable for intended audiences.

9.5 Task Deliverables: Website and Social Media Support

9.5.1 Develop web and social media (e.g., Facebook, Twitter, YouTube, and Flickr) content to more broadly and effectively appeal to targeted audiences considering customer’s usability, needs, and communications preferences. Build on current social media presence and evaluate effectiveness of alternate strategies. Ensure website remains up to date.

9.5.2 Update/maintain/create content for AHBPCE website and continue to develop web pages or other standalone web content in versions compatible with both computer and mobile view. Transfer website to new content management system when available and familiarity with VA websites and SharePoint.

9.5.3 Recommend creative web-based programs (e.g., blogs, video casts, other multimedia and social media tools) to promote program initiatives and highlight accomplishments.

9.6 Task Deliverables: Communication

9.6.1 Develop written content for public health communications, environmental communications; medical and scientific communications including exposure related matters and ensure consistency with risk communication principles and best practices.

9.6.2 Develop targeted communication materials and collateral materials, Identify various distribution and outreach channels for key audiences.

9.7 Task Deliverables: Printing, Production, Mailing and Distribution

9.7.1 Update and maintain mailing and email lists for Veterans, providers, and other appropriate targets. Assemble and prepare outreach materials for distribution and conduct small mailings. Disseminate messages and products in print and electronic format, as appropriate.

9.7.2 Print developed communications and outreach materials as needed, including infographics, fact sheets and reports. Expect to print up to 2000 copies of each type of material, depending on needs.

*Materials to be placed online must be made Section 508 compliant and adhere to all copyright requirements and existing VHA website and social media limitations and requirements.

10. Personnel: Certain skilled experience professional and/or technical personnel are essential for accomplishing the work to be performed and provide the greatest value. These are defined as key personnel and are those persons the contractor identifies and those whose résumés are submitted. The Contractor agrees that the key personnel roles shall not be removed, diverted, or replaced from work without coordination with the CO and COR. The following labor categories are defined as Key Personnel Roles:

a. Project Manager: Experienced project management professional; ≥ 4 years in managing a multidisciplinary team (e.g., graphic designers, technical writers, etc.); ≥ 2+ years working with clinical/scientific subject matter experts; prefer experience with military/veteran populations and associated vernacular.

b. Graphic Designer(s): Experienced Graphic Designer; ≥ 4 years generating and manipulating graphic images, animations, sound, text and video into multimedia programs. Expert knowledge of current graphic design software to produce graphic art and visual materials for informative and instructional material. Prefer experience with military/Veteran populations and associated vernacular.

c. Technical Writer: Creates and publishes technical documentation and manuals. Collects and interprets technical data or information and coordinates layout for publication. A specialist on complex technical and business matters, and work is highly independent. ≥ 4 years of experience.

d. Communications Specialist(s): Assist in planning, editing and writing content for a variety of internal communications mediums. Collaborate with team members to assist with key message development and outreach strategies. ≥ 4 years of experience.

e. Web Support Specialist(s): Collaborates with team members to provide technical support and coordination for website updates and maintenance.

Troubleshoots any problems to determine causes and provide solutions. ≥ 4 years of experience.

Additional labor categories to be utilized but not identified as key personnel:

f. Administrative Support Professional(s): The support professional may serve to facilitate meetings, prepare invoices, procure products and other associated administrative tasks.

11. Substitution of Key Personnel: All Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR and the Contracting Officer at least thirty (30) calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. New personnel shall not commence work until resumes are provided and accepted. The COR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing.

The Contractor shall be responsible for managing and overseeing the activities of all Contractor contracted personnel, as well as sub-contractor efforts used in performance of this effort. The Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein.

12. Information Security: The Contractor will require access to VA Information and VA Information Systems only to interact with subject matter experts, create content (e.g., VA’s web, SharePoint, Teams), and facilitate communication.

13. Security: The C&A requirements do not apply, and a Security Accreditation Package is not required

14. Government-Furnished Information, Equipment, and Facilities. The Government will provide access to information necessary for the execution of each task.

15. Security Requirements. The C&A requirements do not apply, and a Security Accreditation Package is not required

16. Task Order Quality Assurance Surveillance Plan (QASP).

The Government shall evaluate the contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the government must do to ensure the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

Deliverable or Requirement

Performance Standard

Surveillance Method

Outcome

Project Management, Milestones, and Schedule

Notifies customer of potential problems 95% of the time.

100% Inspection of agreed upon milestones per the approved project plan

Notification occurs within two business days of potential issue when known in advance or within 24 hours of urgent problems, where less than two business days exist

Submits Deliverables in accordance with the deliverable schedule within (+/-) five business days with no more than five incidents of performance slippage.

100% Inspection of deliverables

No more than five incidents of performance schedule slippage.

17. Organizational Conflict of Interest and non-disclosure requirements

If the Contractor is currently providing support or anticipates providing support to the VHA that creates or represents an actual or potential organizational conflict of interest (OCI), the Contractor shall immediately disclose this actual or potential OCI in accordance with FAR Part 9.5. The contractor is also required to complete and sign an Organizational Conflict of Interest Statement in which the Contractor (and any sub-contractors, consultants or teaming partners) agree to disclose information concerning the actual or potential conflict with any proposal for any solicitation relating to any work in the TO. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5.

18. Non-Disclosure Requirements

All Contractor personnel (to include sub-contractors, teaming partners, and consultants) who shall be personally and substantially involved in the performance of the TO issued which requires the contractor to act on behalf of or provide advice with respect to any phase of an agency procurement, as defined in FAR 3.104-4, shall execute and submit an “Employee/Contractor Non-Disclosure Agreement” Form. This is required prior to the commencement of any work on such TO and whenever replacement personnel are proposed under an ongoing TO. Any information obtained or provided in the performance of this TO is only to be used in the performance of the TO.

sect The price schedule provided below is a sample price schedule that needs to be completed. If you should choose to provide your own price schedule it needs to be clear and precise.

BASE: AUGUST 1, 2023 – JULY 31, 2024

Clin Description of

Goods or Service

Quantity Units Estimated Unit Price Per Hour

Extended Line Item Price Estimate

0001 Graphic Design 2080 HRS 0002 Project

Management

2080 HRS

0003 Website Support

2080 HRS

0004 Social Media Support

2080 HRS

TOTAL:

OPTION YEAR 1: 08/01/2023 – 07/31/2024

1001 Graphic Design 2080 HRS 1002 Project

Management

2080 HRS

1003 Website Support

2080 HRS

1004 Social Media Support

2080 HRS

TOTAL:

OPTION YEAR 2: 08/01/2024 – 07/31/2025

2001 Graphic Design 2080 HRS 2002 Project

Management

2080 HRS

2003 Website Support

2080 HRS

2004 Social Media Support

2080 HRS

TOTAL:

OPTION YEAR 3: 08/01/2025 – 07/31/2026

3001 Graphic Design 2080 HRS 3002 Project

Management

2080 HRS

3003 Website Support

2080 HRS

3004 Social Media Support

2080 HRS

TOTAL

OPTION YEAR 3: 08/01/2026 – 07/31/2027

4001 Graphic Design 2080 HRS 4002 Project

Management

2080 HRS

4003 Website Support

2080 HRS

4004 Social Media Support

2080 HRS

OPTION YEAR 4: 08/01/2027 – 07/31/2028

COMPLETE TOTAL

09/01/2023- 08/31/2024 Base $

09/01/2024 – 08/31/2025 OY1 $

09/01/2025 – 08/31/2026 OY2 $

09/01/2026 – 08/31/2027 OY3 $

09/01/2027 – 08/31/2028 OY4 $

Complete Total of Contract $

(vii) The following solicitation provisions apply to this acquisition:

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html

FAR 52.212-1, “Instructions to Offerors–Commercial Items” (Jun 2021)

a. Solicitation number for this requirement as 36C24223Q0745.

b. Name, address and telephone number of offeror.

c. Technical description of services to be performed in accordance with the Statement of Work. This Technical description should address the requirement specifically. Capability statements that are merely an overview of what the contractor offers will be determined incomplete.

d. Terms of any express warranty.

e. Price should be for all services detailed on the statement of work. The pricing must be broken down in a manner that allows for price reasonableness to be determined. Failure to provide complete pricing will result in contractors package being determined to be incomplete. Hourly rate shall be separated from any other costs.

Failure to do so will result in automatically being disqualified.

f. Acknowledgement of any solicitation amendments

g. Past performance information

h. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

i. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

The following solicitation provisions apply to this acquisition:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.209-7 Information Regarding Responsibility Matters (OCT 2018)

52.216-1 Type of Contract (APR 1984)

52.217-5 Evaluation of Options (JUL 1990)

52.233-2 Service of Protest (SEPT 2006)

852.233-70 Protest Content/Alternative Dispute Resolution.

852.233-71 Alternate Protest Procedure.

(viii) The provision at FAR 52.212-2, Evaluation—Commercial Items (OCTOBER 2014), applies to this acquisition.

Award will be made to the offeror whose offer is determined to be the lowest price, technically acceptable (LPTA) after price is determined fair and reasonable. The offeror must be a responsible offeror and submit a package that meets all the technical and past performance requirements. Offeror must also meet the terms and conditions of all clauses and provisions. Once offerors are evaluated, the award will be made to the lowest price of responsible offerors, who meet technical criteria in response to this Request for Quotes. A quote may be determined to be unacceptable/incomplete if required information is missing or if the quote materially deviates from the requirements of the RFQ. The following factors will be assessed on a pass/fail basis. All complete quotes will be considered. However, if the lowest price quote is determined to be complete and acceptable under the Technical and Past Performance Factors, the award may be made to that offeror without further evaluation of higher priced quotes.

Evaluation Factors:

(1) Technical capability - Contractor shall provide a maximum 10-page capability statement demonstrating their ability to meet all of the requirements of the SOW.

(2) Key Personnel: Provide offeror staffing plan involving communications specialists and web support specialists to include resumes of assigned personnel.

(3) Contractor Experience: The offeror/vendor shall provide 3-5 instances of past experience of similar scope within the past 3 years.

Include the following information:

Company name and address Name, telephone number and e-mail address of Company POC Dates of contract performance, aggregate award amount, and Contract number

(viiii) FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items”

(FEB 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.

(x) FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” October 2018

The following contract clauses apply to this acquisition:

The following clauses are incorporated into Addendum to FAR 52.212-4, 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.217-8 Option to extend Services (Nov 1999)

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

52.222-49 Service Contract Labor Standards-Place of Performance Unknown (MAY 2014)

52.227-14 Rights in Data-Existing Works (Dec 2007)

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

CL-120 Supplemental Insurance Requirements

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.249-8 Default ( Fixed Price Supply and Service) (APR 1984)

852.201-70 Contracting Officer Representative (Dec 2022)

852.211-76 Liquidated Damages-Reimbursement for Data Breach Costs (FEB 2023)

852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items

(APR 2020)

- 852.203-70 Commercial Advertising.

- 852.211-70 Equipment Operation and Maintenance Manuals

- 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (NOV 2020)

- 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (JAN 2023)

- 852.232-72 Electronic Submission of Payment Requests.

- 852.270-1 Representatives of Contracting Officers.

852.219-73 VA Notice to Total Set-Aside for Certified Service-Disabled Veteran- Owned Small Businesses (JAN 2023)

852.219-76 Subcontracting Plans Monitoring and Compliance (JUL 2018)

852.237-75 Key Personnel (Oct 2019)

852.242-71 Administrative Contracting Officer (OCT 2020)

(xi) FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items” (JAN 2021)

The following subparagraphs of FAR 52.212-5 are applicable:

52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)

52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-27 Prohibition on a ByteDance Covered Application (June 2023)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

52.219-8 Utilization of Small Business Concerns (OCT 2018)

52.219-9 Small Business Subcontracting Plan (JUN 2020)

52.219-16 Liquidated Damages—Subcontracting Plan (JAN 1999)

52.219-28 Post Award Small Business Program Re-representation (NOV 2020)

52.222-3 Convict Labor (June 2003)

52.222-26 Equal Opportunity (SEP 2016)

52.222-35 Equal Opportunity for Veterans (JUN 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222-37 Employment Reports on Veterans (JUN 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

52.222-41 Service Contract Labor Standards (AUG 2018)

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (MAY 2014)

52.222-50 Combating Trafficking in Persons (OCT 2020)

52.222-54 Employment Eligibility Verification (OCT 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

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)

52.242-5 Payments to Small Business Subcontractors (JAN 2017)

(xii) All quoters shall submit the following: one copy of technical capability and pricing, and an additional redacted copy of all company information such as company name, address, UEI number & price.

If your company is using a subcontractor for this requirement a VA Notice of Limitations on Subcontracting must be complete and submitted with your proposal.

All quotations shall be sent ONLY to Clifford S. Harrison at Clifford.Harrison@va.gov

This is a Service-Disabled Veteran Owned Small Business set-aside open market for Airborne Hazards and Burn Pits Center of Excellence (AHBPCE) Communications as defined herein. The government intends to award a contract as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoter shall list exception(s) and rationale for the exception(s).

Submission shall be received not later than 12:00pm EST on 08/04/2023 at Clifford.Harrison@va.gov. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Faxed or postal mailed quotes will NOT be accepted.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Specialist Clifford S. Harrison at Clifford.Harrison@va.gov. All questions must be submitted by 07/27/2023 at 12:00PM EST.

Point of Contact

Clifford S. Harrison, Contracting Officer

Clifford.Harrison@VA.gov

NO PHONE CALLS.

A.1 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 through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S.

services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

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

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function.

For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office.