36C24819Q0885-001.docx

36C24819Q0885

COMBINED SYNOPSIS/SOLICITATION 36C24819Q0885

General Information

Contracting Office Address

NCO 8

ATTN: Clarelle De Sylvain 8875 Hidden River Parkway Suite 560 Tampa, FL 33637 Description This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2019-01, 01-22-2019.

All offerors must be registered in System for Award Management (SAM) at https://www.sam.gov to be considered for an award of a federal contract registered in the record must be complete and not missing elements such as representations and certifications. Also, if you are a Service Disabled Veteran Owned Business (SDVOSB) please be sure to be registered in VIP (Vendor Information Pages) at https://www.vip.vetbiz.gov/.

The associated North American Industrial Classification System (NAICS) code for this procurement is 484210 with a small business size standard of $27.5 million.

The Network Contracting Office 8, SAO East intends to award a fixed priced requirement contract to obtain relocation services at the James A. Haley Veterans Hospital and surrounding CBOC locations.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to Clarelle.sylvain@va.gov

Questions must be received no later than July 22nd, 2019 at 12:00 PM. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted to FBO on, July 24th, 2019 by 3:30 PM EST.

You are reminded that representatives from your company SHALL NOT contact any James A. Haley VA Healthcare System personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer.

Quotes are due by 12:00 P.M. EST on August 2nd, 2019. Quotes received after this date and time will be considered late. Quotes shall be submitted via email to Clarelle.sylvain@va.gov.

Quotes shall provide a price within the following Price/Cost Schedule.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

Perform scheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per month (day=8 hrs.)

All Quantities within the contract line items are estimates with a Not to Exceed (NTE) Amount.

Contract Period: Base POP Begin: 09-04-2019 POP End: 09-03-2020

Perform Unscheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per Month.

Contract Period: Base

Schedule annual VA moves of Leased space within 5 miles

Contract Period: Base

Schedule annual VA moves of Leased space within 6- 15 miles

Contract Period: Base

Annually VA moves of Leased space within 15- 25 miles

Contract Period: Base

Scheduled annual VA moves of Leased space within 26- 35 miles

Contract Period: Base

Scheduled annual VA moves of Leased space within 36- 75 miles

Contract Period: Base

Packing boxes 24x16x12

Contract Period: Base

Perform scheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per month (day=8 hrs.)

Contract Period: Option 1 POP Begin: 09-04-2020 POP End: 09-03-2021

Perform Unscheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per Month.

Contract Period: Option 1

Scheduled annual VA moves of Leased space within 5 miles

Contract Period: Option 1

Scheduled annual VA moves of Leased space within 6- 15 miles

Contract Period: Option 1

Scheduled annual VA moves of Leased space within 16- 25 miles

Contract Period: Option 1

Scheduled annual VA moves of Leased space within 26- 35 miles

Contract Period: Option 1

Scheduled annual VA moves of Leased space within 36- 75 miles

Packing boxes 24x16x12

Perform scheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per month (day=8 hrs.)

Contract Period: Option 2 POP Begin: 09-04-2021 POP End: 09-03-2022

Perform Unscheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per Month.

Contract Period: Option 2

Scheduled annual VA moves of Leased space within 5 miles

Contract Period: Option 2

Scheduled annual VA moves of Leased space within 6- 15 miles

Contract Period: Option 2

Scheduled annual VA moves of Leased space within 16- 25 miles

Contract Period: Option 2

Scheduled annual VA moves of Leased space within 26- 35 miles

Contract Period: Option 2

Scheduled annual VA moves of Leased space within 36- 75 miles

Contract Period: Option 2

Packing boxes 24x16x12

Contract Period: Option 2

Perform scheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per month (day=8 hrs.)

Contract Period: Option 3 POP Begin: 09-04-2022 POP End: 09-03-2023

Perform Unscheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per Month.

Contract Period: Option 3

Scheduled annual VA moves of Leased space within 5 miles

Contract Period: Option 3

Scheduled annual VA moves of Leased space within 6- 15 miles

Contract Period: Option 3

Scheduled annual VA moves of Leased space within 16- 25 miles

Contract Period: Option 3

Scheduled annual VA moves of Leased space within 26- 35 miles

Contract Period: Option 3

Scheduled annual VA moves of Leased space within 36- 75 miles

Contract Period: Option 3

Packing boxes 24x16x12

Contract Period: Option 3

Perform scheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per month (day=8 hrs.)

Contract Period: Option 4 POP Begin: 09-04-2023 POP End: 09-03-2024

Perform Unscheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per Month.

Contract Period: Option 4

Scheduled annual VA moves of Leased space within 5 miles

Contract Period: Option 4

Scheduled annual VA moves of Leased space within 6- 15 miles

Contract Period: Option 4

Scheduled annual VA moves of Leased space within 16- 25 miles

Contract Period: Option 4

Scheduled annual VA moves of Leased space within 26- 35 miles

Contract Period: Option 4

Scheduled annual VA moves of Leased space within 36- 75 miles

Contract Period: Option 4

Packing boxes 24x16x12

Contract Period: Option 4

In Accordance to 52.217-8: “The specific rates under this clause will be those rates in effect under the contract each time an option is exercised under this clause.”

Perform scheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per month (day=8 hrs.)

Perform Unscheduled relocation services at the Tampa facility and facilities leased by or under the supervision of the Tampa facility the contract shall provide a not to exceed 12 days per Month.

Scheduled annual VA moves of Leased space within 5 miles

Scheduled annual VA moves of Leased space within 6- 15 miles

Scheduled annual VA moves of Leased space within 16- 25 miles

Scheduled annual VA moves of Leased space within 26- 35 miles

Scheduled annual VA moves of Leased space within 36- 75 miles

Packing boxes 24x16x12

PERFORMANCE WORK STATEMENT (PWS)

Description of services.

The contractor shall provide services to relocate and/or remove equipment and items such as: office furniture (desks, file cabinets, chairs, boxed professional & official, publications, etc.); and wheeled or boxed/crated medical and research equipment The contractor shall not move any employee personal items, computers, monitors or any IT equipment which requires network connectivity, as well as related supplies from the existing location. The contractor will transport the items to the new location and place them according to the direction of the Facility Management Service's (FMS) Supervisor or designated representative. The contractor shall provide all management, tools, (electrical and manual), supplies, equipment and labor necessary to perform furniture disassembly, furniture reassembly, medical and non-medical equipment moving, but not IT equipment or equipment that requires network connectivity, employee personal belongings and general furnishing. Relocation services will be at the James A. Haley Veterans' Hospital, 13000 Bruce B. Downs Blvd, Tampa Florida 33612 as well as all Community Based Outpatient Clinics (CBOC) and other leased space (see paragraph 1.4).

1. Contractor Responsibilities.

The contractor shall not move any employee personal items, computers, monitors or any IT equipment which requires network connectivity, as well as related supplies from the existing location. The contractor will transport the items to the new location and place them according to the direction of the Facility Management Service's (FMS) Supervisor or designated representative. The contractor shall provide all management, tools, (electrical and manual), supplies, equipment, transportation resources and labor necessary to perform furniture disassembly, furniture reassembly, medical and non-medical equipment moving, but not IT equipment or equipment that requires network connectivity, employee personal belongings and general furnishing.

1.1. All work shall be performed by skilled and trained personnel. The contractor shall provide adequate labor, transportation resources, parts, tools, equipment, dollies, marking tags, boxes (as requested) to complete move.

1.2. An 8-hour period is considered a work unit. Because there are a variety of factors for each move (number of boxes to move, number of pieces to dissemble/move/assemble, distance to move on campus and distance to transport off campus), it is not feasible to define the amount of work in a standard work unit for every move. Therefore; a standard work unit will consist of the amount of work that can be accomplished by 3 personnel in an 8-hour period. The COR will normally schedule 12 work units per month during the work week. A typical work unit may include movement of desks, chairs, modular partitions, modular furniture, medical and non-medical equipment (less than 300 pounds), refrigerators, and other office furnishings during an 8-hour period. IT equipment, employee personal belongings or any equipment which requires network connectivity is not included and shall not be moved.

1.3. Work Units are considered a normal work day. Additional work units of moving services may also be ordered on an as-needed basis. The contractor shall provide for 12 additional work units as needed not to exceed a total of 24 work units per month. Work Units may be added for additional moving days or they may be added to have an adequate labor force on scheduled days to support larger moves. The VA retains the right to designate any other days of the week as the "standard" move days upon seven (7) days’ notice to the contractor.

1.4. A small portion of moves will require transportation resources between the main campus and leased sites. For planning purposes, it is estimated that the VA will conduct 12 moves annually to VA Leases within 5 miles; 12 moves annually to VA Leases within 5 to 15 miles; 12 moves annually to VA Leases within 15 to 25 miles; 12 moves annually to VA Leases within 25 to 35 miles and 4 moves annually to VA Leases within 45 to 75 miles.

1.5. Below is a listing of current Leases associated with JAHVA Hospital:

14530 North 42nd Street Tampa, FL 33613-2813

14014 N. 46th Street Tampa, FL

10770 N. 46th Street Tampa, FL 33617

10770 N. 46th Street Tampa, FL 33617

12210 Bruce B. Downs Blvd Tampa, FL 33612-9211

10770 N. 46th Street Building F, Suite 100 Tampa, FL 33617

4231 S. Pipkin Road Lakeland, FL 33811-1441

4231 S. Pipkin Road Lakeland, FL 33811-1442

Deer Park Retail Center-Nos. 101&102 5138 Deer Zpark Boulevard New Port Richey, FL 34653

110210 Highway 19 North Suit 102 New Port Richey, FL 34668

7347 Ridge Road Port Richey, FL 34668-6943

7701 Little Road New Port Richey, FL 34652

Port Richey, FL 34654

6937 Medical View LN Zephyrhills, FL 33542

Daughterly Road Professional Center Blvd. #7 6938 Medical View LN.

Zephyrhills, FL 33542

8875 Hidden Parkway Suite 190, 350, 510 Tampa, FL 33637-1035

Hidden River

8875 Hidden Parkway Suite 270 & 275 Tampa, FL

8900 Grand Oaks Circle, 3rd fl Suite B (CHIR) Tampa, FL 33637-1035

Tampa, FL 33637-1035

8900 Grand Oaks Circle Tampa, FL 33637

Tampa, FL 33637

4700 N. Habana Avenue Tampa, FL 33606-1201

12210 Bruce B. Downs Blvd Tampa, FL 33612-9211

3637 W. Waters Avenue Suite 600 Tampa, FL 33614

1.6. The contractor shall perform these services in accordance with the Occupational Safety and Health Administration (OSHA) and the American National Standards Institute (ANSI) safety guidelines.

1.7. It is expected that all tasks shall be performed in a neat, professional workmanlike manner, to present a good appearance. The Facility Management designated storage area for excess furniture shall be maintained in a neat, clean and orderly manner.

1.8. All furnishings which require assembly shall be plumb, square and solidly put together.

1.9. Any damage to VA property, (floors, wall, furniture, etc.) will be promptly repaired by the contractor or sub-contractor, or the next monthly invoice will be withheld pending the completion of any outstanding repair work. The contractor shall be fully responsible for any repair and all damage to VA property, floor finishes, wall paint, furniture, equipment, etc. which results from the activities, negligence, or carelessness of its employees or subcontractors. All damages shall be immediately brought to the attention of the Contracting Officer Representative (COR). In the event the COR is not present, he must be notified the end of that work day. If hidden damage is not discovered on the day the work is performed, the contractor will make the repairs within 72 hours of notification by the VA Facilities in which the work is done shall be open to inspection of sanitation and regulatory conditions by Government representatives. These inspections may be scheduled or unscheduled.

1.10. In cases of disputes between the COR and the contractor, the contractor shall notify the Contracting Officer in writing as soon as possible to avoid delay in conflict resolution. If the Contracting Officer is not notified in writing within thirty (30) days of the date of the incident, the incident shall be considered to have been resolved to the satisfaction of the contractor.

2. Contingency Plan

2.1. Contractor shall furnish a detailed, written contingency plan indicating that services can be continued in the event of contractor’s equipment issues (including transportation vehicle failure), production facility failure, or any circumstance that impacts the contractor’s ability to perform the services.

3. Quality Control

3.1. The Contractor shall have a quality control program to ensure that the requirements of the contract are provided as specified. The plan shall also include procedures to secure Government property while under contractor’s jurisdiction. Subsequent changes to the approved quality control program must also be reviewed and agreed to by the COR and CO. The program shall include the following:

3.1.1. An inspection system covering the performance indicators given in the Quality Assurance/Performance Requirements summary.

3.1.2. A method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

3.1.3. A file of all quality control inspections, inspection results, and any corrective action required shall be maintained by the Contractor throughout the duration of this contract. This file shall be available to the COR during normal working hours upon request.

3.2. The Contracting Officer Representative (COR) shall inform the contractor immediately of moving services which were not performed and request immediate re-performance/performance of the services. Re-performance of the moving service must be completed by the next scheduled delivery following notification, for no additional cost to Government. If the contractor does not comply with a request for re-performance or service cannot be re-performed, no payment will be made for the moving service. The quantity of the moving service not rendered shall be determined by the COR and Contracting Officer (CO) and shall be deducted from the monthly invoice. The contractor shall be informed in writing on the amount of the payment reduction.

Quality Assurance

3.3. The Government will monitor the contractor’s performance under this contract using a Quality Assurance Surveillance Plan. Assessments shall be by made for each area of service by the Government in accordance with stated limits on discrepancies.

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: 5% invoice reduction per occurrence. Repeated violations may result in termination of services

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: 5% invoice reduction per occurrence. Repeated violations may result in termination of services

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: 5% invoice reduction per occurrence. Repeated violations may result in termination of services

· Disincentive: Unfavorable contractor performance evaluation

· Remedy: incomplete or inaccurate invoices may be rejected

4. Performance Evaluation Meetings

4.1. The CPM, or their designee, shall meet with the COR on a minimum frequency of bi-monthly according to schedule established by the COR. The COR may be accompanied by the CO or other Government personnel.

4.2. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of additional meeting(s) between the CPM, COR and CO. A mutual effort will be made to resolve all problems identified. The COR will prepare written minutes of these meetings. Should the CPM not concur with the minutes, a written statement will be presented to the CO within five business days, and the CPM will be notified of the decision in writing by the CO.

5. Correspondence

5.1. All correspondence relative to this contract shall bear the VA contract number, title, and name of the VA medical center, and shall be addressed to the COR for technical matters. All other contract matters must include a copy to the CO.

6. Government Representative.

6.1. The COR is responsible for providing technical assistance to the CO in administration of the contract. This responsibility involves quality assurance inspection, surveillance reporting and monthly certification of the contractor’s performance by the COR. The CO will furnish the name of the COR prior to the start date of the contract. The contractor shall be advised of the extent of the authority of the COR. The COR, CO and/or other required Government personnel may make site visits to plant facilities, without necessity of prior notification to contractor. Each phase of the services rendered under this contract is subject to Government inspection during both the contractor’s operation and after completion of tasks. The Government’s program is not a substitute for quality control by the contractor.

6.2. Any change of function by the Government, which may affect this contract as contemplated by this paragraph, and which requires permanent adjustments in frequency or type of performance as well as amounts, quantities, and poundage prices, will be coordinated with the Contractor by the COR and CO prior to initiation of such a change to assure adequate contractual coverage.

7. Phase-in Plan.

7.1. The following documentation must be provided to the COR and CO within 5 days after award.

a. Procedures to secure Government property while under Contractor’s jurisdiction.

b. The role of the CPM and extent of authority.

c. A copy of the Contractor’s Policy and Procedure Manual.

d. The phase-in plan contains the actions and timelines required for successful progress from the current organization to the new. For this requirement, the contracting officer will require a phase-in plan from all offerors and the requesting activities. The purpose of the phase-in plan is to minimize startup confusion, disruption, and adverse impacts on operations and customer support when transferring responsibility from the current organization to the new service provider based on the final competition decision. The ideal situation is for the phase-in to be transparent to the customers. However, contingency plans should also be developed to prepare for other eventualities and to promote a smooth transition. The requesting activities and the contractor phase-in plan must both address the phase-in plan requirements, which include timeline, employee hiring/placement, and other startup activities. The phase-in plans must also describe the performance indicators that will define successful implementation of the service provider’s phase-in plan.

8. Phase-out Plan

8.1. A phase-out plan will be submitted by the customers and contractor 60 days prior to the end of the contract performance period. The purpose of the phase-out plan is to minimize disruption and adverse impacts on operations and customer support when transferring responsibility from the current organization to the new service provider based on the final competition decision. The ideal situation is for the phase-out to be transparent to the customers.

9. Security of Government Equipment

9.1. It is the responsibility of the contractor to ensure that all extraneous articles, except trash, found are turned in to the COR daily (Monday through Friday). A note will accompany the articles returned identifying the area or origination, and the type of item it was found on (ex: general OR, special).

10. General Information

10.1. Hours of Operation. The contractor shall perform the services required under this contract 7:00am to 3:00pm.

10.2. Any overtime or holiday pay that may be entitled to contractor personnel performing under this contract shall be the sole responsibility of the contractor and shall not be billed to nor reimbursed by the Government.

11. Personnel. The contractor shall be responsible for the administration and management of all aspects of contractor’s obligations under this contract. This includes responsibility for all contractor employees, subcontracts, agents, and anyone acting for or on behalf of the contractor.

11.1. The Government is authorized to restrict the employment under the contract of any contractor employee or prospective contractor employee, who is identified as a potential threat to the health, safety, security, general well-being, or operational mission of the facility and its population. If the Government exercises this right to restrict contractor personnel from providing services under this contract, contractor shall provide an acceptable substitute(s) at no additional cost to the Government.

11.2. Contractor’s personnel required on site at VA facilities must read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

11.3. The parties agree that the contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the contractor. The contractor shall be responsible for providing:

a. Workers Compensation.

b. Professional liability insurance.

c. Health examinations.

d. Income tax withholding, and,

e. Social Security payments.

12. Contracting Officer Representative (COR).

12.1. COR is a Facilities Management Employee

13. Government Furnished Property and Services

13.1. All items being given to the contractor are Government Furnished Property (GFP).

14. Contractor-Furnished Property and Services

14.1. Except for those items or services specifically stated as government-furnished, here or in the specific section of this PWS, the contractor shall furnish everything needed to perform this contract according to all its terms.

15. Other General Information

15.1. Invoicing. Contractor shall submit monthly invoices via OB10/Tungsten system by the 5th business day of each month after services have been performed. Payment will be made via electronic payment directly to the contractor/vendor.

15.2. Normal Hours. Hours of operation are 7:00am – 3:30pm. The contractor may find it necessary to deviate from the normal base hours of operation, to ensure timely completion of work under this PWS at no additional cost to the government.

15.3. Holidays. If a scheduled pick up or delivery falls on the following observed holiday, the service shall be performed on the next workday:

16. Bioenvironmental Engineering/Hazmat Requirements

16.1. The contractor shall ensure all employees receive the necessary environmental, health, and safety training to ensure compliance with all Occupational Safety and Health Acts (OSHA), federal and local laws. The contractor shall protect the health and safety of employees and the community, minimizing the risk of environmental pollution.

17. VA Information and Information System Security/Privacy Language

17.1. 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.

17.2. 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.

17.3. 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.

17.4. 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.

17.5. Security Incident Investigation

17.6. 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.

17.7. 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.

17.8. 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.

17.9. 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.

17.10. Liquidated Damages for Data Breach:

17.11. 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

17.12. 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.

17.13. Security Controls Compliance Testing

17.14. 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-days’ 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.

17.15. Training

17.16. 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.

17.17. 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.

17.18. 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.

17.19. 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.

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

Attachment 1: Lease Locations

Tampa, FL 33613-2813

14014 N. 46th Street Tampa, FL

10770 N. 46th Street Tampa, FL 33617

10770 N. 46th Street Tampa, FL 33617

Tampa, FL 33612-9211

Building F, Suite 100 Tampa, FL 33617

Lakeland, FL 33811-1441

Lakeland, FL 33811-1442

5138 Deer Zpark Boulevard New Port Richey, FL 34653

Suit 102 New Port Richey, FL 34668

7347 Ridge Road Port Richey, FL 34668-6943

New Port Richey, FL 34652

Port Richey, FL 34654

Zephryhills, FL 33542

6938 Medical View LN.

Zephryhills, FL 33542

8875 Hidden Parkway Suite 190, 350, 510 Tampa, FL 33637-1035

Hidden River

Tampa, FL

8900 Grand Oaks Circle, 3rd fl Ste B (CHIR) Tampa, FL 33637-1035

Tampa, FL 33637-1035

8900 Grand Oaks Circle Tampa, FL 33637

8900 Grand Oaks Circle Tampa, FL 33637

Tampa, FL 33606-1201

12210 Bruce B. Downs Blvd Tampa, FL 33612-9211

3637 W. Waters Avenue Ste 600 Tampa, FL 33614

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. 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.

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 COTR 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-days’ 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.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior.

b. The contractor shall provide to the contracting officer and/or the COTR 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)…