36C24923Q0622-Interior Design RFQ.docx

36C24923Q0622

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

621 23 3 075 0101 36C24923Q0622 09-19-2023 Athena Evert 615-225-6857 09-25-2023 :00

CDT

Department of Veterans Affairs Network Contracting Office 9 (90C) ATTN: Athena Evert 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 X 541410 $9 Million N/A X Department of Veterans Affairs Network Contracting Office 9 (90C) athena.evert@va.gov 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page Mountain Home VAMC request quotes IAW FAR Part 13 and the enclosed performance work statement

(PWS)

to provide integrated facility project management support services.

Period of performance is 09/30/2023-09/29/2028.

1. This RFQ is anticipated to result in an award consisting of a 5-year IDIQ contract with ordering periods.

2. Wage Determination No. 2015-4647 Rev23 Dated 08-04-2023 is applicable to this RFQ.

Comparative evaluations of price and other factors will be performed IAW procedures outlined in FAR Part 13.106-2(b)(3) Instructions outlined in Section E-labeled Addendum to FAR 52.212-1 Instructions to Quoters.

Any Contractors claiming SDVOSB/VOSB must have current VETS 4212 report on file with the Department of Labor, registered in SAM, and must be CVE verified in VetBiz when quote is received, and at time of award.

See CONTINUATION Page X X Michael J. Edwards Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249 Department of Veterans Affairs Network Contracting Office 9 (90C) ATTN: Athena Evert 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C24923Q0622

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B.2 PERFORMANCE WORK STATEMENT (PWS)

INTEGRATED FACILITY PROJECT MANAGEMENT SUPPORT SERVICES

Interior Design, Furniture Design, Construction Project Design and Management Support, and Related Project Management Support Services Facilities Management Service Mountain Home VA Healthcare System

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide Interior Design, Furniture Planning, Construction Project Design, Construction Project Management, and Related Facilities Project Management Services in support of the Mountain Home VA Healthcare System. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Interior Design Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and nonpersonal services necessary to perform Interior Design, Furniture Planning, Construction Project Design, Construction Project Management, and Related Facilities Project Management Services as defined in this Performance Work Statement, except for those items specified as government furnished property or services. Familiarity is required with the disciplines of architectural, electrical, mechanical, and structural engineering, facility management, and Privacy and HIPAA to coordinate work and to provide necessary modifications or other requirements to meet project objectives defined by the agency. The Contractor shall perform to the standards delineated in this contract.

1.2 Background: The Interior Design Contractor shall be responsible for planning, implementation and operational management of Interior Design and Construction Management services in support of the Mountain Home VA Healthcare System. This requires the planning and coordination with activities of other individuals, commercial vendors and to serve as liaison with same. Critical information needed to accomplish the above is provided by other individuals and requires significant manipulation prior to use. This information relates to unique and non-recurring situations requiring independent judgment and interpretation/application of VA, OSHA, TJC, NFPA and local policies. Guidelines include technical manuals, engineering regulations, standard textbooks, various industry standards and safety codes, standard plans and designs, manufacturer's catalogues, and technical guides, specifications and applicable building codes, and ordinances. Services will include the study, evaluation, recommendation, and selection of available reference information or the adaptation of established techniques and methods to meet the needs of the agency.

1.3 Objectives: The purpose of this support is to augment the mission capability of the Mountain Home VA Healthcare System Facilities Management Service.

1.4 Scope:

1.4.1 Interior Design Services: These services support the planning, design, coordination, furnishing of technical assistance, and review of interior design aspects to include new – or alteration and renovation of – building type structures, and general facility maintenance tasks of a type included and described throughout this PWS and referenced supporting directives and regulations listed in Part 6 below. Interior design action affects the work of other disciplines on matters relating to design, procurement and construction methods, materials, safety, progress, cost, workflow, and other features. Actions have a significant impact toward ensuring that all phases of design are planned to present a complete usable project within time, budgetary and other restrictions. Interior planning and design for new building structures and/or alteration, or renovation for existing building structures and facility maintenance. The work includes small and standard type interior design projects and specific portions of large, complex, or unique interior design projects, containing several complex features where design issues and factors to be considered require different approaches and evaluation methodology due to changes in mission, guidelines, codes as well as technological developments of conflicting requirements.

The Contractor must learn to recognize relationships between challenges and related disciplines to solve interior design related problems and seek the most appropriate source of expertise.

The scope of services to be performed is generally described as interior design duties and services for small, standard projects from initial planning through to completion. Typical support services will include (but not are not limited to): market research, development of project schedules, advisory assistance with the development of project cost estimates, advisory assistance with the development of furnishings technical packages, assessment and management of Government facility space projections, and space planning support services.

Specific deliverables associated with this work are described below.

1.4.2 Facility Management Services: The Interior Design Contractor shall provide design and construction project management support to the Facilities Engineering Projects Section at the Mountain Home VA Healthcare System. Services may be provided both remotely and on-site, as needed. The design and construction support project management services will include:

• Design Contractor oversight and input coordination

• Constructability review

• Participation in design review process with input to VA Project Design team

• Support for construction solicitation development

• Advisory and assistance support for technical matters

• Pre-construction phase oversight and material submittal review

• Construction management and quality control

• Commissioning

• Post construction oversight

1.5 General Information

1.5.1 Hours of Operation:

The Contractor is responsible for conducting business, between the hours of 8:00am and 4:30pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Work may occur outside of normal duty hours to not interfere with patient care. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.2 Recognized Holidays:

The eleven holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving, Christmas, and any other day specifically declared by the President of the United States to be a national holiday.

1.5.3 Place of Performance:

The work to be performed under this contract will be performed within the Mountain Home VA Health Care System and will include all associated Community Based Outpatient Clinics as described in the table. Additional Clinics to be possibly added in the future to include the Knoxville Dental Clinic.

& Veterans Way Mountain Home, TN 37684

Blvd.

Knoxville, TN 37919

Dannie A. Carr Veterans Outpatient Clinic 1124 Blanton Drive, Sevier County Center Suite 100 Sevierville, TN 37862

Morristown, TN 37813

Lafollette, TN 37766

Mountain City, TN 37683

Rogersville, TN 37857

Jonesville, VA 24263

Suite 201 Bristol, VA 24202

Norton, VA 24273

Vansant, VA 24656

9:30 AM to 2:30 PM

1.5.4 Security Requirements: All Contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: National Agency Check (NACI). This same access is required by all subcontractor personnel.

1.5.4.1 Access to VA Information and VA Information Systems:

a) A contractor/subcontractor shall request logical (technical) or physical access to 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) 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.

1.5.4.2 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.5.4.3 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the contracting officer.

1.5.4.3.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the contracting officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying.

When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.5.4.3.2 The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the contracting officer.

1.5.4.4 Lock Combinations (if applicable). The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations.

1.5.5 Special Qualifications: The Contractor is responsible for ensuring all employees possess and maintain current VA Information Security training certification, as identified by either the contracting officer or the Contracting Officers Representative.

1.5.5.1 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 D relating to access to VA information and information systems.

2. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training (TMS Course 10176) and annually complete required security training; Appendix D

3. Successfully complete the appropriate VA privacy training (TMS Course 10203) and annually complete required privacy training. For contracts with no PIV access, the DISA Identifying and Safeguarding personally Identifiable Information (PII) Public Training located at https://public.cyber.mil/training/identifying-and-safeguarding-personally-indetifiable-information-pii/ is acceptable.

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 COTR 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 times as the training and documents are complete.

1.5.6 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.5.7 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract.

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements – including Government drawings, designs, specifications; monitor Contractor performance; notify both the contracting officer and Contractor of any deficiencies; coordinate availability of Government Furnished Property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, will states the responsibilities and limitations of the COR – especially regarding changes in cost or price, estimates, or changes in contract delivery dates or deliverables. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.8 Key Personnel: Key Contractor personnel will be identified by the Government and the Contractor at the time of contract award. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00am and 4:30pm, Monday through Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.5.9 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.5.10 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the contracting officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the contracting officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the contracting officer and in the event the contracting officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the contracting officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.5.11 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 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 onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures follow 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 during 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 COTR.

1.5.12 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.

1.5.13 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 the occurrence.

b) Data elements involved. Inclucing 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 considering 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 misused 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 sensitive personal information that may have been compromised.

a) Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying the VA liquidated damages in the amount of $_________ 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 coverage with $0 deductible, and

6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

1.5.13 Security Controls Compliance Testing: On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all 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.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter, administer, and or terminate contracts and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor if that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include nonmanufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.6.1 Qualifications of staff / Contractor:

a. The Contractor shall be knowledgeable of and shall comply with all applicable federal, state, and local laws, Building Codes, Life Safety Codes, Occupational Health and Safety Administration (OSHA), ADA/ADAAG, permits, VA design standards, and instructions required for the performance of the duties in the Performance Work Statement (PWS).

b. The Contractor is responsible for ensuring that its firm and staff maintain any generally required professional certification, accreditation, license, bond, and proficiency relative to their area of expertise. The Contractor shall retain documentation of such records. The Government will not pay for expenses to meet this requirement.

c. The Contractor is responsible for ensuring staff are trained and certified for planning and installing product to maintain the integrity of the manufacturer’s warranty.

d. The Contractor is responsible for ensuring that Interior Design services/work is accomplished by a qualified professional Interior Designer with either a four (4) year Interior Design degree from an accredited school by the Council for Interior Design Accreditation (CIDA/FIDER), or 5 years of experience, with at least one year of experience using Contractor’s software like that proposed for this contract.

e. The Contractor shall provide additional drawings of furniture layouts, if requested by VA organizations in an unlocked electronically transmitted AutoCAD drawing set complete with any attached layers in both .dwg and .pdf formats unless otherwise specified in the contract.

f. The hardware/software utilized by the Contractor shall perform computerized inventory, computer aided design, automated take-off function, and report generation for all product purchased. The software for this contract shall be compatible software for AutoCAD. The software shall be fully compatible with Microsoft Windows, the most current version.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). A document specifying the surveillance methodology to be used by the Government for oversight of Contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of a product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

CFR Code of Federal Regulations CO Contracting Officer COR Contracting Officer Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation OCI Organizational Conflict of Interest POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Facilities: The Government will provide the necessary workspace for Contractor personnel to include: desk space, telephone, computer (potentially a laptop), printer, internet/intranet access, and other items necessary to maintain a professional office environment.

3.2 Utilities: common utilities in the facility will be available for Contractors use in performance of tasks outlined in this PWS and provided by the Government. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.3 Equipment: The Government will provide or make available scanners, fax machines, printers, computers, computer monitors, and ancillary equipment. All Government Furnished Equipment (GFE) issued for use under this contract will be tracked on an appendix that is incorporated into the contract. Any contractor requiring that needs access to VA information systems will be required to get a background check, and fingerprints to obtain a contractor PIV account.

PART 4

INTERIOR DESIGN SPECIFIC TASKS

4. Specific Tasks:

4.1 Basic Services. The Contractor shall provide services for Interior Design, Furniture Planning, and Related Project Management Support.

4.1.1 Interior Design Contractor plans and implements a comprehensive Interior Design Program which includes providing complete, from concept to installation, interior design services for the organization to include satellite facilities. Duties include performing and managing work related to the design of interior environments to promote employee productivity, health, and welfare, and/or the health and welfare of the public.

4.1.2 Interior Design Contractor provides technical expertise to coworkers and Contractors and routinely coordinates with engineers, architects, and other designers to ensure compliance with VA regulations and facility design criteria. Acts as a technical representative for design and finish specifications matter and manages the facility furniture program. Influences design of new construction from conception through activation by an in-depth knowledge of use requirements and availability of resources to fulfill these requirements; ensures that appropriately designed finish plans are formulated and comply with commercial building codes, safety and environmental guidelines and the VA master specification for all renovation and new construction projects.

4.1.3 Functions as a Subject Matter Expert for all furnishings, window treatments, patient curtains, wall coverings, floor coverings, decorative accessories, lighting, ceiling treatments, casework, and all other interior design-related accoutrements from origination to installation. Selects items based upon patient, visitor, and staff needs, VA and facility standards, infection prevention and control requirements, healthcare environment needs and Department of Veterans Affairs contract sources, and available resources. Develops project timelines to ensure orders are placed in accordance with Procurement Action Lead Times (PALT) deadlines to ensure timely delivery without impact to construction deadliness and activation timelines.

4.1.4 Participates in pre-design meetings, obtains pertinent design criteria, and initiates actions to obtain applicable information and criteria. Verifies criteria is of enough detail and accuracy to meet functional capability required by the user. Advises and assists in the development of Government cost estimates and schedules for development of interior design studies and documents. In the preparation of this material, researches and maintains current design resource library to include up-to-date samples of interior building finishes and materials, furniture, equipment, and product literature as well as contacts with manufacturing representatives to gather information and keep abreast of current products and innovations in the field of interior materials and furnishings.

4.1.5 Develops interior design packages for projects, incorporating the most recent technology as it relates to design, equipment systems and construction techniques. Designs are analyzed from the standpoint of user functionality, considering appropriate codes, regulations, energy usage, space utilization, operation and maintenance, aesthetics, and economics. Interviews users to determine their functional operations as they relate to interior design, furniture and equipment needs and requirements; reflects this information in subsequent design efforts.

Prepares interior design drawings and documents in compliance with governing criteria and project requirements. Drawings may include floor plans, system furniture related plans, interior elevations, sections, details, perspectives, and finish schedules for small projects.

4.1.6 Combines functional and aesthetic features to blend existing functional operating requirements and the interior environment. Provides information for coordination with architectural, structural, mechanical, and electrical designs. Prepares interior design analysis and specifications related to prewired workstations (systems furniture), interior finishes and features.

4.1.7 Participates in meetings with contract Architect-Engineer (A-E) interior design firms for negotiation of A-E contracts or review purposes. Supports review of interior design packages prepared by A-E firms for compliance with codes, regulations, technical manuals, and adequacy of interior design practices.

4.2 Task: Market Research

4.2.1 The Contractor shall interview the Government representatives necessary to assess the need for furnishings. The interview topics shall include functions, flexibility, adaptability, aesthetics, ergonomic adjustability, durability, and sustainability. Based on the interview, the Contractor shall make recommendations to the Government to visit showrooms that have furnishings that meet the Government’s needs. The showroom visits shall be used to inspect the manufacturers’ product lines and learn about product features and capabilities.