36C24924Q0371.docx

Sources Sought Notice Sources Sought Notice

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 9

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

POINT OF CONTACT*

Contract Specialist Carmen Hanczyk carmen.hanczyk@va.gov 615-225-5973

PLACE OF PERFORMANCE

Lt. Col. Luke Weathers, Jr. VA Medical Center

16 N. Pauline Street

Memphis TN

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

On behalf of the Lt. Col. Luke Weathers, Jr. VA Medical Center, Network Contracting Office (NCO) 9 is issuing this Sources Sought Notice (SSN) as a means of conducting market research to identify parties having an interest in and the resources to support this requirement for a firm-fixed-priced purchase order for Digital Cable Television Service. The result of this market research will contribute to determining the method of procurement. The anticipated North American Industry Classification System (NAICS) code is 517111 Wired Telecommunications Carriers.

1. This Sources Sought Notice is for informational and planning purposes only and does not constitute a solicitation. THERE IS NO SOLICITATION AT THIS TIME. This request for capability information does not constitute a request for bids, proposals, or quotes; submission of any information in response to this market survey is purely voluntary; and the government assumes no financial responsibility for any costs incurred. An award will not be made on any offers submitted in response to this notice, and it shall not be implied the Government is committed to providing any solicitation or award following this notice. The Government will not pay for any information received in response to this request, nor will the Government compensate a respondent for any costs incurred in developing the information provided.

2. If your organization has the potential capacity to perform these services, please provide the following information:

a. Organization name:

b. Point of Contract

c. UEI:

d. Business Address:

e. Email and telephone number

f. Web site address

g. Business size: Mark if your firm is eligible for participation in one of the following small business programs. If so, please indicate the program:

[ ] yes [ ] no - Small Business (SB) [ ] yes [ ] no - HUBZone [ ] yes [ ] no - Small Business 8(a) [ ] yes [ ] no - Small Disadvantaged Business (SDB) [ ] yes [ ] no - Women-Owned (WO) Small Business [ ] yes [ ] no - Service Disabled Veteran Owned Small Business (SDVOSB) [ ] yes [ ] no - Veteran Owned Small Business (VOSB) [ ] yes [ ] no - Large Business [ ] yes [ ] no - Other (please specify)

h. Business type under NAICS 517111, which contains a size standard of 1,500 employees, Commercial and Government Entity (CAGE) Code and System for Award Management (SAM) Unique Entity ID (UEI) number.

i. [ ] yes [ ] no – Are you the Original Equipment Manufacturer (OEM)

j. [ ] yes [ ] no – If not the OEM, are you an authorized distributor, and can produce a letter from the OEM?

k. [ ] yes [ ] no – Is this product available on your GSA/FSS or other GWAC Contract If so, what is your contract number? _____________________

l. Tailored capability statements addressing the particulars of this effort, with appropriate documentation supporting claims of organizational, and staff capability. In addition to providing the information requested above, responding companies are encouraged to include any relevant information (specifications, cut sheets, brochures, capability statement, experience etc.) to confirm the company’s ability to meet the requirements outlined in this request.

m. Responses to this SSN shall not exceed 4 pages and should include all the foremost mentioned information. In addition, all submissions should be provided electronically in a Microsoft Word or Adobe Portable Document Format (PDF).

n. The government will evaluate market information to ascertain potential market capacity to:

i. Provide services consistent in scope and scale with those described in this notice and otherwise anticipated.

ii. Implement a successful plan that includes contractor compliance with program standards, quality control, and performance.

iii. Provide services under a firm-fixed-price contract.

3. NOTE: Respondent claiming SDVOSB and VOSB status shall be registered, and Veteran Small Business Certification (VetCert) verified in VetCert Registry Veteran Small Business Certification (sba.gov).

4. Based on the responses to this SSN/market research, this requirement may be set-aside for SDVOSBs, VOSBs, small businesses, procured through full and open competition, or sole sourced.

5. Submission Instructions: Interested parties who consider themselves qualified to perform the services are invited to submit a response to this SSN by 11:00 AM EST, August 7th, 2024 All responses under this SSN must be emailed to Carmen.hanczyk@va.gov the subject line must specify 36C24924Q0371. Telephone inquiries will not be accepted or acknowledged, and no feedback or evaluations will be provided to companies regarding their submissions.

6. SAM: Interested parties shall be register in the System for Award Management (SAM) as prescribed in Federal Acquisition Regulation Clause 52.232-33. SAM information can be obtained by accessing the internet at www.sam.gov or by calling 1-866-606-8220.

7. Disclaimer and Important Notes. This notice does not obligate the government to award a contract or otherwise pay for the information provided in response to this SSN. The government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. Any organization responding to this notice should ensure that its response is complete and sufficiently detailed to allow the government to determine the organization’s qualifications to perform the work. Respondents are advised that the government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. After a review of the responses received, a pre-solicitation synopsis and solicitation or combined solicitation may be published in Contract Opportunities (formerly Federal Business Opportunities or FBO). However, responses to this notice shall not be considered adequate responses to a solicitation.

8. Responses to this notice are not offers and cannot be accepted by the U.S. Government to form a binding contract or agreement. This notice shall not be construed as a commitment by the Government to issue a solicitation, or ultimately award a contract, nor does it restrict the Government to a particular acquisition approach. The Government will in no way be bound to this information if any solicitation is issued.

9. Confidentiality. No proprietary, classified, confidential, or sensitive information should be included in your response. The government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

10. See SOW on the following page.

STATEMENT OF WORK CABLE TV SERIVCE Lt. Col. Weathers, Jr. VAMC

1. INTRODUCTION: This requirement is for an annual contract to provide basic cable service at the Lt. Col. Luke Weathers, Jr. VA Medical Center116 N. Pauline Street, Memphis, TN 38105.

2. BACKGROUND: The Lt. Col. Luke Weathers, Jr. VA Medical Center serves veterans in the Memphis, Tennessee and surrounding Mid-South area. The Lt. Col. Luke Weathers, Jr. VAMC is a 24 hour / 365-day facility. The Lt. Col. Luke Weathers, Jr. VAMC has several large reception/waiting areas for the veterans and their families to relax in as they await their appointments. Additionally, the VAMC has several inpatient wards. The reception/waiting areas have wall-mounted televisions for viewing by the veterans and their families. The wards have wall-mounted televisions in each patient room. The over-air availability of television channels is minimal and thus the need for basic cable.

3. SCOPE OF WORK:

A. Contractor/Vendor shall:

B. Contractor/Vendor's service shall consist of all labor, materials, equipment, travel, supervision, and quality control necessary to provide basic cable service channel line-up consisting of local channels, CBS, NBC, ABC, FOX, PBS, WGN, CSPAN, ESPN, AMC, TNT, USA, CNN, A&E, and others included in the contractor/vendor's basic cable subscription service.

4. PLACE OF PERFORMANCE: Lt. Col. Luke Weathers, Jr. VA Medical Center, 116 N. Pauline Street, Memphis, TN, 38105.

5. SPECIAL CONSIDERATIONS:

A. Work Hours - The requirement is for the provision of basic cable service, 24 hours/day, 365 days/year.

B. Site Regulations - All work shall be performed in accordance with Lt. Col. Luke Weathers, Jr. VAMC rules and regulations. All contractor/vendor personnel shall display a Lt. Col. Luke Weathers, Jr. VAMC issued identification badge while performing work on any Lt. Col. Luke Weathers, Jr. VAMC property.

C. Working Conditions/Safety - The contractor/vendor is solely responsible for working conditions on the jobsite, including safety of all persons and property during performance of the work, and for compliance with applicable OSHA regulations.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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.

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. SECURITY INCIDENT INVESTIGATION

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.

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.

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.

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.

2. 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 $37.50 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.

3. TRAINING

In order for you to engage in your work at VA, you are required to ensure all contractors who will be working on the contract complete a mandatory training program titled VA Privacy Training for Personnel without Access to VA Computer Systems or VA Sensitive Information (VA20939). This training is offered through the VA Talent Management System (TMS), a system that offers web-based training to VA employees and its partners. Contractor employee will self-enroll for a TMS training profile on the VA TMS by visiting https://www.tms.va.gov/SecureAuth35/. Once there, the employee will follow the steps that follow to create a profile, launch the mandatory training, and complete the content prior to their next day at VA. Upon completion by all employees, the contractor shall provide their Contracting Officer Representative (COR) with each employee’s printed certificate of training completion from the TMS. This certificate displays the employee’s TMS User ID.

Failure to complete the mandatory 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.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Department of Veterans Affairs (VA) (Lt. Col. Luke Weathers Jr. VA Medical Center) records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA (Lt. Col. Luke Weathers Jr. VA Medical Center) contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The VA (Lt. Col. Luke Weathers Jr. VA Medical Center) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the VA (Lt. Col. Luke Weathers Jr. VA Medical Center) or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the VA (Lt. Col. Luke Weathers Jr. VA Medical Center). The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the Statement of Work (SOW) or Performance Work Statement (PWS). The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the VAs (Lt. Col. Luke Weathers Jr. VA Medical Center) control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Statement of Work (SOW) or Performance Work Statement (PWS). Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any subcontractor) is required to abide by Government and the VAs (Lt. Col. Luke Weathers Jr. VA Medical Center) guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the VAs (Lt. Col. Luke Weathers Jr. VA Medical Center) policy.

8. The Contractor shall not create or maintain any records containing any nonpublic VA (Lt. Col. Luke Weathers Jr. VA Medical Center) information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VA (Lt. Col. Luke Weathers Jr. VA Medical Center) owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the VA (Lt. Col. Luke Weathers Jr. VA Medical Center) shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flow down of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this Statement of Work (SOW) or Performance Work Statement (PWS) and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

(End of Statement of Work)

Sources Sought Notice