36C24818Q9794-000.docx

FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 F environmental services 00921-3201 36C24818Q9794 09-07-2018 N 541620 Department of Veterans Affairs VA Caribbean Healthcare System Administrative Building #10 Calle Casia Suite #4M440 San Juan PR 00921-3201 Mary Jane Gugliano 10 Calle Casia San Juan 00921-3201

USA

mary.gugliano@va.gov mary.gugliano@va.gov This is a combined synopsis/solicitation for commercial item prepared in accordance with the format in Subpart 12.6 in conjunction with FAR Part 13, as supplemented with additional information included in the notice. The Network Contracting Office 8, VA Caribbean Healthcare System, San Juan, Puerto Rico intent to issue a Request for Quotation for Environmental Services located at mentioned facility. This procurement is being solicited as Small Disadvantage Veteran Owned Small Business(SDVOSB) Set Aside; NAICS Code is 541620 with a Small Business size standard of $15.0 million. The solicitation document 3624818Q9794, and incorporated provisions and clauses are those in effect pursuant to Federal Acquisition Circular (FAC 2005-99); effective date 6-15-2018 & 07/15/18. All eligible SDVOSBs, already registered in the in VETBiz shall submit their quotes/offers. All quoters/offerors must be registered in the System for Award Management (SAM) at http://www.sam.gov to be considered for award. Veterans claiming on their preference shall be registered in the Vendor Information Pages(VIP); also, known as VetBiz at https://www.vip.vetbiz.gov.

Veterans are encouraged to submit their quotations, and will be evaluated as established criteria on Performance Work Statement, pursuant to the Veterans First Contracting Program-PL 109-461.

Interested quoters/offerors in providing these services must submit their quotes/offers by September 10, 2018 at 10:00am Eastern Time; preferably via e-mail or hand carry to:

VA Caribbean Healthcare System Network Contracting Officer 8-San Juan Administrative Building-Suite 4M440 Attn: Mary Jane Gugliano 10 Calle Casia San Juan, Puerto Rico 00921-3201

If submitting via e-mail, please transmit on time, and confirm that all attachments and information was received by the Contracting Officer on or before the closing date and stated time. Late submission will be considered as late pursuant to FAR criteria on 52.212-1(f). This statement is done due to the limitations on transmittal of large packages. If submitting via e-mail, do so at: mary.gugliano@va.gov.

Questions and/or inquiries must be sent to the email mentioned on the above paragraph; no later than September 5,2018 at 9:30am AM Eastern Time.

1.0 BACKGROUND

The contractor shall provide all personnel, materials, and services as necessary to provide Environmental services described in the Performance Work Statement (PWS). The contractor shall provide services to assist the VA Caribbean Healthcare System (VACHS) in the compliance with all Environmental Protection Agency (EPA) and Puerto Rico’s Environmental Quality Board (EQB) environmental programs, and VHA requirements including, but not limited to: storm water; hazardous material & waste management; underground & aboveground storage tanks; Safe Drinking Water Act (SDWA), Healthcare-associated Legionella Disease Prevention, environmental permits, Environmental Planning and Community Right-to-know Act (EPCRA), National Environmental Protection Act (NEPA), energy management; air emissions; and Spill Prevention, Control and Countermeasure (SPCC) programs.

Additionally, the professional technical services will assist VACHS in meeting Green Environmental Management System (GEMS)/ISO 14001 program elements and will also provide assistance with permitting requirements, emergency management, and hazardous material spill response operations and training.

The contract environmental technical service support shall include all clinics and properties managed under the VA Caribbean Healthcare Systems. These include, but are not limited to: Ponce Out Patient Clinic (POPC), Mayagüez Out Patient Clinic (MOPC), all Community-Based Outpatient Clinics including: Arecibo, Comerio, Utuado, Guayama, Ceiba, St. Croix, Vieques and the warehouses.

2.0 SCOPE OF WORK-

Task order efforts may include, but are not limited to:

a. Professional Environmental Technical Services - The contractor shall provide professional environmental technical services to the Environmental Regulatory Section, of Facility Management Service (FMS), in all programmatic aspects of the various environmental programs under their purview. These programs include, but are not limited to: environmental protection, energy management, emergency management & spill response operations, healthcare-associated Legionella disease prevention, and environmental engineering services to ensure compliance with VA, Federal, State, & Local regulations. The scope of services provided under this contract shall cover a wide range of functions and full assistance and support in the planning, risks assessments, gap analysis, implementation, operations, and program improvements, amongst others. The contractor shall provide qualified services in the environmental protection field, industrial hygiene, energy management, emergency management and response operations, and environmental management systems.

b. Green Environmental Management System (GEMS) Program Support: The contractor shall provide programmatic support in all aspects of management of the VA’s Green Environmental Management System (GEMS). The GEMS program is based on ISO 14001 standard. Program support in this area will include, but is not limited to:

a. Earth Day Activities

b. Employee/Visitors Orientations

d. Regulatory and Conformance Update – the contractor shall provide continued updates on new and changed regulatory compliance requirements (Federal and State).

e.Emergency Response Operations – the contractor shall provide services in the area of hazardous materials and waste emergency management and spill response to ensure VACHS is compliant, ready, and assist on any spill that have the possibility of being generated by the facility. This area of support will include but is not limited to conducting training and spill response excersises.

f. Plans and Reports – The contractor shall provide services in the development, maintenance and submittal of the numerous enivornmental program plans, updates and reports including, but not limited to:

1. Tier II Reports

2. Chemical Inventories

1. Categorical Exclusions (CATEX)

2. Environmental Assessments (EA)

3. Environmental Impact Studies (EIS)

g. Audits and Inspections – the contractor shall provide services in conducting, preparing, and responding to all environmental program internal and external audits and inspections, these include, but are not limited to:

1. Environmental Protection Agency (EPA)

2. Puerto Rico Environmental Quality Board (PREQB)

h. Permits – the contractor shall provide services in the generation and submittal of all required environmental permits, as applicable. These include, but are not limited to:

i.Training – The contractor shall provide training and certifications to VACHS employees in the following environmental program areas:

1. Spill Response Brigade

2. Exercises

1. San Juan Medical Center

2. Contractors

3. Outpatient/SatellitesClinics

3.0 CONTRACTOR QUALITFICATIONS REQUIREMENTS AND CERTIFICATIONS:

a. The contractor shall possess expert working knowledge of federal, state and local regulations pertaining to environmental issues. The contractor is required have the following minimum qualifications and certifications:

i. Registered Environmental Manager

ii. Certified Environmental Auditors

iii. Certified ISO 14001

iv. Certified ISO 14001 Lead Auditor

v. Certified 9001 Quality Management Systems

vi. Certified OSHA 18001 – Occupational Health and Safety Management

vii. Certified National Incident Management System (NIMS)

viii. Certified Storm Water Inspector

ix. Certified Asbestos Auditor

x. Certified Lead Auditor

xi. Professional Engineers (PE)

xii. Education background in Environmental Field

xiii. HAZMAT/Bioterrorism/Mass Casualty Incident Trainers

xiv. Certified Visible Emissions Observation (Opacity Evaluator)

b. The contractor must be very knowledgeable of Puerto Rico Environmental Qualily Board, and other regulatory agencies and their regulations (of which are mostly written in Spanish).

c. The contractor at a mininum shall conduct quarterly meetings with the Contracting Officer Representative (COR) to discuss program status of projects. The frequency of these meetings are subject to change as deemed necessary by VACHS.

4.0 PERFORMANCE PERIOD

The period of performance for this service contract shall be one (1) base period of 12 months from the date of issuance and four option years.

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). (If required, the CO may designate the Contractor to work during holidays and weekends).

There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, four are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

5.0 PLACE OF PERFORMANCE

The contract environmental technical service support shall include all clinics and properties managed under the VA Caribbean Healthcare Systems. These include, but are not limited to: Ponce Out Patient Clinic (POPC), Mayagüez Out Patient Clinic (MOPC),all Community-Based Outpatient Clinics including: Arecibo, Comerio, Utuado, Guayama, Ceiba, St. Thomas, St. Croix, Vieques and the warehouses.

The primary place of performance will be at the contractor’s office and at the VA Caribbean Healthcare System Medical Center, located at 10 Casia St., San Juan, PR.

Normal hours of operations are between Monday through Friday 8:00 a.m. – 4:30 p.m., except Federal holidays.

5.1 TRAVEL

Normally, the Government anticipates little or no travel outside of the island under this effort to perform the tasks associated with the effort, other than transporting the product to the VACHS facility throughout the period of performance. However, there will be travel required within Puerto Rico territory, specifically to the Out Patient and Community-Based clinics.

6.0 PROJECT MANAGEMENT

a. CONTRACTOR PROJECT MANAGEMENT PLAN

The Contractor shall deliver a Contractor Project Management Plan (CPMP) that lays out the Contractor’s approach, timeline and tools to be used in execution of the contract. The CPMP should take the form of both a narrative and graphic format that displays the schedule, milestones, risks and resource support. The CPMP shall also include how the Contractor shall coordinate and execute planned, routine, and ad hoc data collection reporting requests as identified within the PWS. The initial baseline CPMP shall be concurred upon and updated monthly thereafter. The Contractor shall update and maintain the VA PM approved CPMP throughout the period of performance.

include 24/7 emergency contact name(s) and telephone number(s).

Deliverables:

A. Contractor Project Management Plan

B. GEMS/ISO 14001 Audit

C. Regulatory and Conformance Update – the contractor shall provide continued updates on new and changed regulatory compliance requirements (Federal and State).

D. Trainings – The contractor shall provide all the required training and certifications to VACHS personnel as delineated in this contract.

E. Plans and Reports – The contractor shall provide support in the development, maintenance and submittal of the numerous enivornmental program plans, updates and reports including, but not limited to:

i. Hazardous Waste Minimization Plan

ii. Hazardous Waste Contingency Plan

iii. Hazardous Waste Biennial Report

iv. Spill Prevention, Control and Countermeasure (SPCC) Plans

v. Storm Water Pollution Prevention (SWPP) Plans

vi. Air Emission Inventory Reports

vii. Emergency & Community Planning Right-to-know Act (EPCRA)

a. Tier II Reports

i. GEMS Annual Report

ii. NEPA Assessments

a. Categorical Exclusions (CATEX)

b. Environmental Assessments (EA)

c. Environmental Impact Studies (EIS)

F. Permits – the contractor shall provide support in the generation and submittal fees of all required environmental permits, as applicable.

7.0 GENERAL REQUIREMENTS

a. Quotes7. will be considered only from offerors who are regularly established in the business called for, who are financially responsible, and able to show evidence of their reliability, ability, experience, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service.

b. Personnel trained and with at least 15 years of experienced in providing service identified above.

c. Per FAR 52.219-14 “Limitations on Subcontracting”, the Government will not allow more than 50% the work under this contract to be Subcontracted. All qualifications submitted for the evaluation must be of the General Contractor not subcontractor. A resume of the employees involved must be included and a telephone number in which they could be contacted must be included.

d. The contractor shall assure that its employees have received safety equipment training, medical surveillance programs, individual health protection measures, and manufacturer's product and safety data sheets (SDS) as required for the work by the U.S. Occupational Safety and Health Administration. Contractor should comply with applicable additional safety codes and standards.

e. Debris, garbage and/or equipment removed as part of this contract shall be collected and precautions must be taken to ensure that is not otherwise dispersed outside the area during the cleaning process.

f. In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or his/her designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer or his/her designee will notify the Contractor of any non-compliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or any part of the work and hold the Contractor in default.

g. Contractor shall respond to the service call within two (2) hours after notification. Contractor shall physically report on site VAMC within four (4) hours from the initial notification time if the issue cannot be corrected by telephone.

h. For emergency service, Contractor shall respond within two (2) hours after notification. All service calls are unlimited for all priority and emergency services.

i. All travel costs associated with the performance of this contract are the responsibility of the contractor and are provided at no additional cost to the Government as part of this contract. Travel costs are defined as but are not limited to time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification, normal shipping charges on any parts or materials covered by this contract, costs associated with the normal shipping of parts or equipment out for repair that are covered under this contract, etc.

j. Except for emergency callback service, the Contractor should perform all work during regular working hours of regular working days 8:00 a.m. to 4:30 p.m. excluding Federal holidays, unless specifically instructed otherwise by the COR.

k. Emergency Callback Service shall be provided 24 hours a day, seven days per week, as requested by the COR.

l. The Government will not be responsible for incidental charges including, but not limited to, parking, tolls, mileage, phone, etc., on straight time or overtime work.

7.1 CONTRACTOR REQUIREMENTS & CERTIFICATIONS

i. Registered Environmental Manager

ii. Certified Environmental Auditors

iii. Certified ISO 14001

iv. Certified ISO 14001 Lead Auditor

v. Certified National Incident Management System (NIMS)

vi. Certified Stormwater Inspector

vii. Professional Engineers (PE)

viii. Education background in Environmental Field

ix. Resources Management

x. HAZMAT/Bioterrorism/Mass Casualty Incident Trainers

7.2 POSITION/TASK RISK DESIGNATION LEVEL(S) AND CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

a. POSITION/TASK RISK DESIGNATION LEVEL(S)

The position sensitivity by this PWS task is low, therefore a NACI level corresponds.

The position sensitivity and the level of background investigation commensurate with the required level of access for the following tasks within the Performance Work Statement are:

Position Sensitivity and Background Investigation Requirements

The Tasks identified above and the resulting Position Sensitivity and Background Investigation requirements identify, in effect, the Background Investigation requirements for Contractor individuals, based upon the tasks the particular Contractor individual will be working. The submitted Contractor Staff Roster must indicate the required Background Investigation Level for each Contractor individual based upon the tasks the Contractor individual will be working, in accordance with their submitted proposal.

b. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Contractor Responsibilities:

1. The Contractor shall bear the expense of obtaining background investigations.

1. Within 3 business days after award, the Contractor shall provide a roster of Contractor and Subcontractor employees to the COR to begin their background investigations. The roster shall contain the Contractor’s Full Name, Full Social Security Number, Date of Birth, Place of Birth, and individual background investigation level requirement (based upon Section 6.2 Tasks).

1. The Contractor should coordinate the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized.

1. For a Low Risk designation the following forms are required to be completed: 1.OF-306 and 2. DVA Memorandum – Electronic Fingerprints. For Moderate or High Risk the following forms are required to be completed: 1. VA Form 0710 and 2. DVA Memorandum – Electronic Fingerprints. These should be submitted to the COR within 5 business days after award.

1. The Contractor personnel will receive an email notification from the Security and Investigation Center (SIC), through the Electronics Questionnaire for Investigations Processes (e-QIP) identifying the website link that includes detailed instructions regarding completion of the investigation documents (SF85, SF85P, or SF 86). The Contractor personnel shall submit all required information related to their background investigations utilizing the Office of Personnel Management’s (OPM) Electronic Questionnaire for Investigations Processing (e-QIP).

1. The Contractor is to certify and release the e-QIP document, print and sign the signature pages, and send them to the COR for electronic submission to the SIC. These should be submitted to the COR within 3 business days of receipt of the e-QIP notification email.

1. The Contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

1. A Contractor may be granted unescorted access to VA facilities with a favorably adjudicated Special Agreement Check (SAC) or “Closed, No Issues” (SAC) finger print results, training delineated in VA Handbook 6500.6 (Appendix C, Section 9), and, the signed “Contractor Rules of Behavior.” However, the Contractor will be responsible for the actions of the Contractor personnel they provide to perform work for VA. The investigative history for Contractor personnel working under this contract must be maintained in the database of the Office of Personnel Management (OPM).

1. The Contractor, when notified of an unfavorably adjudicated background investigation on a Contractor employee as determined by the Government, shall withdraw the employee from consideration in working under the contract.

1. Failure to comply with the Contractor personnel security investigative requirements may result in termination of the contract for default.

1. The C&A Requirements do not apply and therefore a Security Accreditation Package is not required.

METHOD AND DISTRIBUTION OF DELIVERABLES

The Contractor shall deliver documentation in paper and/or electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include: MS Word 2000/2003/2007/2010, MS Excel 2000/2003/2007/2010, MS PowerPoint 2000/2003/2007/2010, MS Project 2000/2003/2007/2010, MS Access 2000/2003/2007/2010, MS Visio 2000/2002/2003/2007/2010, AutoCAD 2002/2004/2007/2010, and Adobe Postscript Data Format (PDF).

PERFORMANCE METRICS

The table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort.

Efficient and effective in meeting requirements Meets technical needs and mission requirements Offers quality services/products

Satisfactory or higher

Continuously delivers on-time Notifies customer in advance of potential problems Promptly identifies and assists in correction of non-compliance issues

Satisfactory or higher

Efficient and effective in meeting requirements Meets technical needs and mission requirements Prompt and accurate submittal of permits Satisfactory or higher

Continuously delivers on-time Notifies customer in advance of potential problems Comprehensive knowledge of applicable environmental requirments Satisfactory or higher

Personnel possess necessary knowledge, skills and abilities to perform tasks Provides timely updates for prompt action Recommends solutions for emergent requirements Satisfactory or higher

Personnel possess necessary knowledge, skills and abilities to perform tasks Provides effective training Satisfactory or higher

Services/products delivered were of desired quality Provides reliable support and effectively assists in response operations Provides effective training to ensure readiness of the HM Brigade Satisfactory or higher

Provides comprehensive and timely reports Services/products delivered were of desired quality Satisfactory or higher

The Government will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion.

FACILITY/RESOURCE PROVISIONS

The Government will provide office space, telephone service and system access when authorized contract staff work at a Government location as required in order to accomplish the Tasks associated with this PWS. All procedural guides, reference materials, and program documentation for the project and other Government applications will also be provided on an as-needed basis.

The Contractor shall request other Government documentation deemed pertinent to the work accomplishment directly from the Government officials with whom the Contractor has contact. The Contractor shall consider the COR as the final source for needed Government documentation when the Contractor fails to secure the documents by other means. The Contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

VA will provide access to VA specific systems/network as required for execution of the task via remote access technology on-site at Operations Control Center and to all main mechanical and electrical utility building systems required.

GOVERNMENT FURNISHED PROPERTY

The contractor shall have access to premises to all of VACHS facilities.

SCHEDULE FOR DELIVERABLES

Note: Days used in the table below refer to calendar days unless otherwise stated. Deliverables with due dates falling on a weekend or holiday shall be submitted the following Government work day after the weekend or holiday.

Electronic submission to: VA PM, COR, CO Inspection: destination Acceptance: destination

Electronic submission to: VA PM, COR, CO.

Electronic submission to: VA PM, COR, CO

Electronic submission to: VA PM, COR, CO.

i. Hazardous Waste Minimization Plan

x .HCA LD Building Prevention Plans

Electronic submission to: VA PM, COR, CO, ERS Inspection: destination Acceptance: destination

Electronic submission to: VA PM, COR, CO, ERS Inspection: destination Acceptance: destination

Electronic submission to: VA PM, COR, CO, ERS Inspection: destination Acceptance: destination

Electronic submission to: VA PM, COR, CO, ERS

POINTS OF CONTACT

a. Ms. Luz Muriel Diaz, Environmental Regulatory Section (ERS)

Contracting Officer’s Representative:

Contracting Officer:

ADDITIONAL ITEMS

APPLICABLE DOCUMENTS

In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:

1. FIPS Pub 201, “Personal Identity Verification of Federal Employees and Contractors,” March 2006

2. Per FAR 52.219-14 “Limitations on Subcontracting”, the Government will not allow more than 50% the work under this contract to be Subcontracted.

3. Resource Conservation and Recovery Act (RCRA) – 40 CFR 260

4. Clean Air Act (CAA)

5. Clean Water Act (CWA)

6. Executive Order 13423 – Strengthening Federal Environmental, Energy, and Transportation Management

7. Executive Order 13514 – Federal Leadership in Environmental, Energy, and Economic Performance – 2009

8. Executive Order 13693- Federal Leadership on Climate Change and Environmental Sustainnability

9. Hazardous Material Regulations 49 CFR (Department Of Transportation)

10. Toxic Substances Control Act (TSCA) – 1976

11. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund) – 1980

12. National Environmental Policy Act (NEPA) - 1969 or 1970

13. Emergency & Community Planning Right-to-know Act (EPCRA) -1986 State and local requirements

14. Veterans Healthcare Administration (VHA) Directive 1061 – Prevention of Healthcare Associated Legionella Disease and Scald Injury from Potable Water Distribution System – August 2014

15. Safe Drinking Water Act

16. Energy Policy Act of 2005 (EPAct 05)

17. Pollution Prevention Act – 1990

18. Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) – 1972

19. Federal Facilities Compliance Act - 1992

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

b. 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.

c. 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.

d. 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.

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.

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.

SECURITY CONTROLS COMPLIANCE TESTING :

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

PRICE SCHEDULE FOR ENVIRONMENTAL TECHNICAL SERVICES

BASE PERIOD: OCTOBER 1, 2018 OR DATE OF AWARD THROUGH SEPTEMBER 30, 2019

REQUIRED FOR THE ENVIRONMENTAL REGULATORY SECTION PER PERFORMANCE WORK STATEMENT:

14. Environmental Permits including Catex, Biomedical Permits hours

OPTION 1 PERIOD: OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021

14. Environmental Permits including Catex, Biomedical Permits hours

OPTION 2 PERIOD: OCTOBER 1, 2021 THROUGH SEPTEMBER 31, 2022

DESCRIPTION

14. Environmental Permits including Catex, Biomedical Permits hours

OPTION 3 PERIOD: OCTOBER 1, 2022 THROUGH SEPTEMBER 31, 2023

14. Environmental Permits including Catex, Biomedical Permits hours

OPTION 4 PERIOD: OCTOBER 1, 2023 THROUGH SEPTEMBER 31, 2024

14. Environmental Permits including Catex, Biomedical Permits hours

CONTRACT CLAUSES:

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.