36C24819Q0144-RFQ-ELEVATOR_INSPECTION___CERTIFICATION.pdf

36C24819Q0144

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C248 Javier Medina-Velazquez

Department of Veterans Affairs

VA Caribbean Healthcare System

Administrative Building

#10 Calle Casia Suite #4M440

San Juan PR 00921-3201

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-34, Payment by Electronic Funds Transfer—Other than System For Award

Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X]Upon acceptance by COR

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 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 10 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 5 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. Government- owned

(government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into

VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA

Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System

Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the

COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action

(this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.)

used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools.

Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

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 $32.15 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

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.

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)

B.3 PERFORMANCE WORK STATEMENT (PWS)

1. INSPECTION & CERTIFICATION SERVICE

A. Furnish inspection and certification service on all twenty-four (24) traction elevators and fourteen

(14) hydraulic elevators identified in the Elevator Schedule.

B. Scope of Work

1. The Contractor shall obtain necessary licenses and/or permits required to perform the work.

2. “COR” will be the Contracting Officer Representative. And “CO” will be the Contracting

Officer. “OCC” will be the Operations Control Center. “VAMC” will be the Veterans

Affair Medical Center.

3. The Contractor shall furnish all material, labor, supervision, tools, shipping, travel and equipment necessary to provide inspection and certification services. All inspections and certifications must be in conform to the manufacturer guidelines and/or the following industry standards, as applicable, whichever is more stringent:

• ASME A17.1 Safety Code for Elevators and Escalators, latest edition

• ASME A17.2 Inspectors’ Manual for Elevators and Escalators, latest edition

• ASME A17.3 Safety Code for Existing Elevators and Escalators, latest edition

• ANSI/NPA 70 National Electric Code, latest edition

• Manufacturer’s requirements and specifications on inspection, maintenance, and operation of each elevator model

4. Safety tests and other tests and inspections shall be performed by the Contractor.

Contractor shall perform all safety tests and other tests and inspections as recommended and required by ASME A17.1 Latest Edition, ANSI/ASME A17.2 Latest Edition and the

Puerto Rico Occupational Safety and Health Administration (PR OSHA) Regulation

Number 18.

5. Contractor shall be registered at the PR OSHA, which is part of the Puerto Rico Department of Labor and Human Resources.

6. Contractor shall be registered at the Puerto Rico Department of Labor, Elevators and

Boilers Division IAW PR DOL Regulation Number 18.

7. Contractor shall be required to attach tags after testing as specified by Code, such as at the governor-releasing carrier, and oil buffer, etc.

8. After completion of the required tests, submit document with information shown in

Attachment B to the COR.

9. All elevators provided with firefighters’ service shall be subjected monthly to Phase I recall and a minimum of one floor operations on Phase II to assure the system is maintained in proper operating order in accordance with A17.1 Code. A written record of findings on the operation shall be made by the Contractor and kept on the premises of said operation. (See

Attachment C for firefighters’ test log). Testing shall be done on weekend, holidays or the hours before 06:30 AM or after 6:30 PM, at no additional cost to the Medical Center.

10. All elevator’s inspection and certifications must be completed in annual basis.

11. All tests or inspections that will remove the elevator from normal operations shall be scheduled in advance with the COR.

12. During the visit the Contractor shall evaluate the preventive maintenance prior done by the actual Elevator Maintenance and Repair Contractor of each elevator unit by identifying and verifying all deficiencies that could be affecting the proper equipment operation and to submit all solutions and suggestions to the COR.

13. During the visit the Contractor shall be available to answer any doubts the COR could have regarding the Elevator being inspected or any other one under Contract.

14. Before making any inspections, the Contractor will send the COR the list of tests that will be conducted to the Elevators. This list must be sent to the COR at least seven (7) calendar days before the work is scheduled.

15. A report shall be sent to the COR no later than seven (7) calendar days after the visit. The report, as a minimum, shall include:

• Elevator inspected (by number, day and hour of the inspection)

• List of all deficiencies found and recommendations for the equipment, with any corrective actions or replacement needed.

• List all Elevator tests done in detail.

• Safety recommendations.

• Present pictures taken during the inspection. Making special emphasize on deficiencies found.

16. The Contractor shall verify and certify that the following performance levels shall be maintained at all times:

• Contract speed and brake to brake flight time shall be maintained as originally installed and adjusted.

• Leveling accuracy shall be maintained at all times.

• Opening and closing times, door close torques of all cars shall at all times be maintained within the limits of ASME A17.1 Code with a minimum of stand open time consistent with traffic demands at each floor.

• Door reversal on all elevators equipped with mechanical safety shoes shall always be initiated with the stroke of the shoe. Ensure all electric eyes or door detectors are working at all times.

• Variable car and hall door open times shall be maintained in accordance with original field adjustments. Deviations from this will not be permitted unless requested and/or approved by this COR.

• Upon satisfactory completion of this or subsequent readjustments, a computerized elevator analyzer or similar type event recorder shall be utilized to accurately record the hall waiting time at each landing and other data necessary to establish that the system is operating at peak efficiency. Results shall be submitted and be labeled as to floor, time, date and identification of all other data and shall be delivered together with an analysis of the tapes/disks to the COR.

17. The Contractor shall instruct his personnel that when they perform work under this contract, they shall comply with the following procedures:

• Upon arrival at the station, the Contractor shall check in with the Operations

Control Center (OCC) at 787-641-7582 ext 10264 or his designee so that the

VAMC will be aware of the Contractor’s presence at the facility at all times.

• Upon each departure, Contractor will serve notice of disposition of work to the

OCC and the COR or designee. In addition, the contractor shall furnish the OCC or COR his designee a copy of a work order, service sheet or other such written notification of services performed. Such reports shall include the following information:

i. Name and address of contractor

ii. Name of contractor employee(s) performing the work

iii. Date(s) work performed and hours spent.

iv. Brief description of work performed, including PMI’s and identification of equipment worked on.

v. Signature of contractor’s employee(s) and signature of OCC and COR or designee.

vi. If the report is not submitted it will indicate that no inspection or maintenance was performed and payment may be withheld and/or delayed.

18. During each visit verify card reader system.

19. 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.

20. Contractor must consider that the inspection could be done on weekdays after 4:00 pm or on weekends. The Contractor shall exclude Federal holidays, unless specifically instructed otherwise by the COR.

21. The Contract shall have service ticket on each service call signed by COR or designee.

22. Medical Center shall not be responsible for incidental charges including, but not limited to parking, tolls, mileage, phone, etc., on straight time or overtime work.

23. Contractor shall notify the OCC, COR or designee by telephone or in person after completion of each regular time services call.

24. Under no circumstances will any inspections will last longer than five (5) working days

(40 working hours) on any particular elevator, without a prior initial notification and approval of the COR.

25. When planned work requires an elevator to be taken out of service, the Contractor is requested, when possible, to use the Federal holidays listed below.

• New Year’s Day

• Washington’s Birthday

• Martin Luther King’s Birthday

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

26. The yearly car safeties, governor and oil buffer tests and inspections shall be complied with as per A17.1 and this specification, in the presence of the COR and his/her representative.

27. Elevator inspector will be assisted by elevator maintenance & repair contractor during the inspections & testing process.

28. The safety and buffer tests as required by the American National Standard Safety Code for

Elevators (A17.1 and A17.2) and PROSHA regulations are to be performed by the

Contractor.

29. The Contractor shall be responsible for establishing an effective system for accomplishing scheduled, including a backlog listing of work to be accomplished. The scheduling system and backlog listing shall be available for inspection by the COR at any time.

30. All tests, inspections that will remove an elevator from service shall be scheduled with the

COR following the FMS shutdown procedures.

31. The Contractor shall comply with the following procedures when an elevator is removed from service for any reason:

• Notify Facility Management Service (FMS) OCC, either by phone (787) 641-7582 ext.

10264 or in person and the COR before removing elevator from service. If work requires more than one-day, daily notifications will be made. Notify FMS. OCC and

COR when placing the elevator back in service. Contractor’s employees shall turn in

Elevator Report Forms, which will furnish the information to the OCC or COR.

32. The Contractor shall immediately notify the COR in writing of the existence or the development of any defects in or repairs required to, the elevator, which the Contractor considers are not covered by the contract and shall furnish a written cost estimate when requested. Final determination of responsibility will be by mutual agreement between the

COR and the Contractor.

33. Inspections

• Periodic inspections of the elevators required by the National American Standard

Safety Code for Elevators and Escalators (Latest Edition) will be performed under separated contract in accordance with existing San Juan VAMC policy. Upon completion of a routine inspection, the Contractor will be furnished with an inspection report listing deficiencies for which he is responsible to repair within 30 days. Items marked emergency should be corrected immediately. Under no circumstances, will the

Contractor allow reported deficiencies to go uncorrected beyond the contract period.

• The Contractor shall provide all labor and material to perform work in accordance with

ASME A17.1, ASME A17.2, ASME A17.3, and ANSI/NPA 70 standards for annual, 6 months, and five-year (traction only) tests. The Contractor shall perform tests at the date and time specified by the VAMC. Inspection of work shall be conducted by an independent inspector contracted by the VAMC. Maintenance contractor performs actual test.

34. Testing

• The following services will be performed at intervals specified in the American

National Standard Safety Code for Elevators and Dumbwaiters. The Contractor will furnish personnel to perform to one (1) year, and the five (5) year safety load test, (including weights), at no additional cost to Medical Center. Scheduling of all tests will be handled through the COR. A VACHS representative and or contracted inspector will witness all tests.

• Testing. The Contractor shall perform all tests and inspections including firefighter's service as required by the equipment manufacturer and the applicable codes as specified in Section 1 b and the Department of Labor Regulation No. 18. 3. Any damage to the elevator equipment caused by any such test shall be repaired by the contractor at no additional cost to the Government. At its discretion, the VACHS may have representatives present to witness any or all such tests. In addition to the requirements stated in ASME A17.1 for the Category 5 test of safeties at rated load and rated speed. Elevator inspector will be assisted by elevator maintenance & repair contractor during the inspection & testing process.

1. All Category 5 inspections and test shall be performed during the quarter preceding the expiration date of the last test performed.

2. After completion of the required tests, a written record of the test findings shall be made by the contractor and provided to the Operation Control Center (OCC).

3. Firefighter's Phase I and Phase II testing shall be coordinated in advance with OCC and shall be conducted on the hours before 6:30 am or after 8:30 PM.

• The Contractor shall make available the uninterrupted services of at least one employee to accompany the inspector during the course of any inspection.

C. ADDITION/ DELETION OF ELEVATORS

Additions and/or deletions of elevators might occur during the performance of the contract due to activation/de-activation of areas within the VACHS. A supplemental agreement will be issued to add or delete elevators accordingly.

D. PERIOD OF PERFORMANCE (POP)

Period of performance is expected to be a base year period and four (4) option periods to begin on

December 21, 2018 thru December 20, 2023.

E. ELEVATOR SCHEDULE

ITEM ELEVATOR

NUMBER

LOCATION Make Drive Type

1 Unit # 1 South Bed Tower Northern

Elevator

Traction Passengers

2 Unit # 2 South Bed Tower Northern

Traction Passengers

3 Unit # 3 South Bed Tower Northern

Elevator

Traction Passengers

4 Unit # 4 South Bed Tower Northern

Elevator

Traction Passengers

5 Unit # 5 South Bed Tower Northern

Elevator

Traction Freight

6 Unit # 6 South Bed Tower Northern

Traction

Freight

7 Unit # 6-A South Bed Tower, This Unit is

Under Construction

Northern

8 Unit # 7 Community Living Center

Motion

Control

Hydraulic

Passengers

9 Unit # 8 Community Living Center

Motion

10 Unit # 8-B Community Living Center, Motion

Control

Hydraulic Passengers

11 Unit # 9 Main Building Elevator

Control

Traction Passengers

12 Unit #10 Main Building Elevator

Control

Traction Passengers

13 Unit # 11 Main Building Elevator

Control

Traction Passengers

14 Unit # 12 Main Building Elevator

Control

15 Unit # 13 Main Building, 16 Unit # 14 Main Building

17 Unit # 15 Main Building Elevator

18 Unit # 16 OPA Building Motion

19 Unit # 17 OPA Building Motion

20 Unit #18 OPA Building Motion

21 Unit # 19 OPA Building Motion

22 Unit # 20 OPA Building Motion

Control

Hydraulic Passengers

23 Unit # 21 OPA Building Motion

Control

Hydraulic Passengers

24 Unit # 22 OPA Building Motion

Control

Hydraulic Passengers

25 Unit # 23 OPA Building Motion

Control

Hydraulic Freight

26 Unit # 24 Parking Garage Motion

Control

Traction Passengers

27 Unit # 25 Parking Garage Motion

Control

Traction Passengers

28 Unit # 26 Admin Building Schindler

Elevator

Traction Passengers

29 Unit # 27 Admin Building Schindler

Elevator

Traction Passengers

30 Unit # 28 Admin Building Schindler Traction Passengers

31 Unit # 29 Admin Building Schindler Hydraulic Freight

32 Unit # 30 Admin Building Schindler Hydraulic Passengers

33 Unit # 31 New Parking Garage Motion

Traction Passengers

34 Unit # 32 New Parking Garage Motion

Control

Traction Passengers

35 Unit # 33 New Parking Garage Motion

Control

Traction Passengers

36 Unit # 34 New Parking Garage Motion

Control

Traction Passengers

37 Unit # 35 New Parking Garage Motion

Control

38 Unit #36 Administrative Building TBD Hydraulic Freight

The information of the table above or any other table is for information purposes and is the responsibility of the Contractor to verify it.

NOTE: THE WORD “ELEVATOR” IS THIS SOLICITATION SHALL INCLUDE ALL ELEVATORS,

LIFTS, ETC., TO BE INSPECTED AND CERTIFIEDUNDER THIS CONTRACT.

1.The Contractor shall be responsible for establishing an effective system for accomplishing scheduled, including a backlog listing of work to be accomplished. The scheduling system and backlog listing shall be available for inspection by the COR at any time.

F. EXPERIENCE REQUIREMENTS

• Contractors must have at least five (5) years of experience working as elevator inspectors. And must have all the licenses and certifications required by the Federal

Government. A resume with a copy of all the licenses must be sent with the proposal.

The Contractor could be disqualified if he/she doesn’t demonstrate the qualifications.

Each offeror shall submit, as part of his offer, references for the previous 5 (five) years’ experience. The written references shall include, as a minimum, the name, address and telephone numbers of the specific companies and key personnel contacts.

• Supervision: The Contractor shall arrange for satisfactory supervision of the contract work. The Contractor or his on-site supervisors shall be available at all times when the contract work is in progress to receive notices, reports, or request from the

Contracting Officer or the COR. Resume has to be submitted to the COR for approval.

G. UNIFORMS

• The Contractor shall require all employees, including supervisors, to wear distinctive uniform clothing for ready identification, and assure that every employee is in uniform no later than the time specified by the COR, or otherwise no later than 10 working days from the date an employee first enters on duty. The uniform shall have the

Contractor’s name, easily identifiable, affixed thereon in a permanent manner such as a badge or monograms.

H. SAFETY

• The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements.

• In performance of this contract, the Contractor shall follow VAMC safety policy and standard for safe work practices, and take such safety precautions as the Safety Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building.