36C25024Q0376 - corrected solicitation.pdf

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

36C25024Q0376 03-04-2024

Christopher Gundy 734-222-7168 03-11-2024

3:00 PM EDT

36C250 Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

X 100

X

811420

$9 Million

N/A

X

36C553

Department of Veterans Affair VA Ann Arbor Healthcare System John D. Dingell VA Medical Center 4646 John R ST Detroit MI 48201

Y

Department of Veterans Affairs Ann Arbor Healthcare System Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971

877-353-9791 512-460-5540

See CONTINUATION Page

REQUEST FOR QUOTE FOR THE JOHN D. DINGELL VA MEDICAL CENTER

FOR FURNITURE REPAIR AND RELOCATION SERVICES AS OUTLINED IN

SECTION B.2 PERFORMANCE WORK STATEMENT.

Subject to Service Contract Act WD # 2015-4839 for Wayne County, Michigan. See attached Wage Determination

Questions regarding this solicitation must be submitted to the Contracting Officer, Christopher Gundy, by 3:00 PM, March 7, 2024, by email to christopher.gundy@va.gov.

Subject line must include "Question-Furniture Repair, RFQ 36C25023Q0376."

See section E.1 for Quote Submission Requirements.

See CONTINUATION Page

X X

X One

Christopher D. Gundy Contracting Officer

36C25024Q0376

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.216-18 ORDERING (AUG 2020)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..23

C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS FOR QUOTE SUBMISSION

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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: Company Name____________________________

Address:__________________________________

City/State/Zip_______________________________

Point of contact/Position:______________________

POC Phone:________________________________

UEI:______________________________________

Tax ID NO:__________________________________

b. GOVERNMENT: Contracting Officer 36C250 Christopher D. Gundy

Department of Veterans Affairs

Ann Arbor Healthcare System

Network Contracting Office 10

2215 Fuller Road

Ann Arbor MI 48105

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

FURNITURE REPAIR, MAINTENANCE AND RELOCATION

VA DETROIT HEALTH SYSTEM (VADHS)

I. BACKGROUND:

The Contractor shall provide all necessary products, components, materials, tools, and trained personnel to perform repair and maintenance services as defined in this Performance Work Statement (PWS) in support of the VA Detroit Health System.

II. TYPE OF CONTRACT:

The government anticipates award of a Firm Fixed Price contract for packaged work orders utilizing procedures from FAR Part 13 to obtain furniture services. The requirement will result in a single-award indefinite-delivery indefinite quantity (IDIQ) contract with a two-year open ordering period which will be funded annually.

Maintenance and repair services shall be ordered on an a bi-weekly basis via the issuance of work orders generated through the Maximo system.

The Contractor must identify and provide a single point of contact (POC) to provide overall management and supervision during the term of the contract. The single POC shall serve as a liaison among any service providers/subcontractors to ensure successful completion of tasks.

III. SCOPE OF WORK:

The purpose of this contract is to provide support of facility needs at the locations identified below. The Contractor must work within the established parameters outlined in this PWS to provide repair and maintenance services for office and medical furniture. In the past this effort has required two furniture repair specialists on site, three days a week to accomplish repair and maintenance activities.

The Contractor must meet with the COR as specified below in Requirement Objectives to review work orders and make recommendations. Additionally, the Contractor must be required to maintain an ongoing inventory throughout the life of the contract.

The Contractor shall generally provide the following services as part of a work order:

• Repair chairs

• Repair desks

• Repair modular furniture

• Repair lighting that is connected to modular furniture

• Replace furniture locking cores

• Relocate furniture from one area to another

• Deliver, move and track moving totes

• Assist COR in the inventory of stored furniture

• Provide a log to the COR documenting completed work orders

Brands of furniture currently in use but not limited to Herman Miller, Steelcase, Kimball, Teknion, Haworth and UNICOR. Specific furniture replacement parts will be ordered by the VA Interior Designer and provided to the Contractor as Government Furnished Material in order to complete the repair as required.

IV. CONTRACTOR RESPONSIBILITIES:

a. Check in with the COR located in the John Dingell VA Medical Center VA Medical Center, 4646 John R. Street, Detroit, MI, 48201, Lower Level LL643, prior to commencing work and check out when work is complete and turn-in contractor badges to the COR or designated facilities management personnel.

b. Be in uniform identifying the Contractor; while working on government property. This uniform requirement can be fulfilled by a T shirt with the name of the Contractor displayed.

c. Where installation, reconfiguration or repair of different manufacturer components will result in voiding any manufacturer warranty, it is the Contractor's responsibility to bring such information to the attention of the Contracting Officer (CO) and COR for direction before installation, reconfigure, or repair of any affected components. If the

Contractor installs, reconfigures, or repairs any components prior to receiving such direction, the Contractor shall be responsible for all cost and time incurred, and shall be responsible to return components to their original condition and configuration.

d. At all times keep the job site, including staging and storage areas used by the

Contractor, free from accumulations of waste, material, or rubbish. This material shall be removed on a daily basis to eliminate the accumulation of debris. The Contractor must dispose of all trash in accordance with federal, state, and local laws, and make every effort to recycle packaging material and trash where applicable.

V. LOCATION OF SERVICES VADHS:

Main Hospital: Location:

John Dingell VA Medical Center 4646 John R. Street, Detroit, MI, 48201

Clinic: Location:

Pontiac CBOC 44200 Woodward Ave., Suite 208, Pontiac MI 48341

Detroit Warehouse 8747 Brandt Street, Dearborn, MI., 48126

Piquette Square HPACT 301 Piquette Street, Detroit, MI, 48202

Detroit VET Center 4161 Cass, Detroit MI 48201

Dearborn VET Center 19855 West Outer Drive, Dearborn MI., 48127

Detroit VALOR Center 3245 E. Jefferson Ave. Detroit MI., 48207

Pontiac VET Center 44200 Woodward Ave., Suite 108, Pontiac MI 48341

VI. HOURS OF WORK:

Hours of Work for furniture/equipment moving and installation/de-installation are defined as Monday through Friday from 8 a.m. to 4:30 p.m., excluding federal holidays or as otherwise arranged with the Contracting Officer Representative (COR). Normal schedule will include 3 days per week, normally Tuesday, Wednesday, and Thursday.

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

VII. COMPETENCY OF PERSONNEL REPAIRING FURNITURE:

Contractor repairers shall be able to complete installation/de-installation, reconfiguration, structural repairs, upholstery repairs and cleaning of furniture and seating in accordance with detailed blueprints, manufacturer certified installation practices to maintain manufacturer warranty, hand sketches or AutoCAD installation drawings provided or as directed by the COR with little to no supervision by the COR.

The repairers must possess the ability to read detailed furniture drawings and pull all of the necessary parts to install all of furniture required correctly and per manufacturer certified standards without any assistance from the VA Medical Center staff. The Repairers shall possess the ability to problem solve with on the spot conflicts that may arise such as: end user modifications, utility issues, and lack of furniture inventory.

Contractor shall assemble, disassemble and reconfigure, clean and reupholster government owned furniture using new and used freestanding, wall mounted, modular systems furniture and seating as outlined on a furniture plan, blueprints, hand sketches, AutoCAD drawing or as directed by the COR. Contractor shall complete upholstery repairs if needed, reconfigurations, structural repairs and cleaning as directed by the

COR.

The Contractor shall provide written documentation of the competency of personnel by providing training certificates and qualification of key personnel. Background checks will be required.

VIII. REQUIREMENT OBJECTIVES:

a. Attend bi-weekly meetings with the COR, Interior Designer, and/or other designated VA staff, to review the list of Maximo Repair Work Orders and make recommendations for repairs and maintenance.

b. Maintain an inventory list for the Dearborn Warehouse, and for the six VA Detroit Medical Center storage rooms separately. Inventory shall be both electronic in MS Excel format and hard copy form. As furniture is stored or removed from storage and placed throughout the facility, the inventory lists shall be updated at that time. Once a month the contractor shall meet with the Interior Designer and inspect the furniture in the storage rooms. Damaged furniture must be handled by the Interior Designer who will arrange for disposition. Once furniture is dispositioned, the inventory lists shall be updated accordingly. This list shall be considered government-owned and shall remain at the facility in the storage room throughout the contract and after the contract ends.

c. Support the VA Detroit Health System through work orders consisting of one of the general tasks below. The contract will specify an estimated number of work orders per task per year. Specific work orders will outline the exact work required for each order. The government will issue individual task orders for anticipated requirements throughout the ordering period.

TASK 1: Installation of Furniture

The Contractor shall have the ability to read detailed furniture drawings (including blueprints, hand sketches, dealership installation guides, and AutoCAD drawings) and pull all of the necessary parts to install all furniture required correctly and per manufacturer certified standards without any assistance from the VA Medical Center staff. They shall possess the ability to problem solve with on the spot conflicts that may arise such as: end user modifications, utility issues, and lack of furniture inventory. The Contractor shall have the ability to repair or provide technical advice on how to adjust furniture properly as it relates to ergonomics.

TASK 2: Moving/Relocation of Furniture/Totes

Contractor shall be required to supply all labor, equipment, hardware and tools for in-house moving including dollies, flat carts, jacks, panel carts, blanket wraps, consumables, vans, semi-trucks, and floor protection and boxes as directed by the COR. Contractor shall supply all labor and necessary equipment for transporting furniture and equipment from one destination to another and the semi-trucks shall have proper lifts that can be used at various warehouse docks and interior strap supports inside the truck to ensure safe transportation of all items. Contractor shall supply all labor and necessary equipment for transporting totes from one location to another.

TASK 3: Repair of Furniture

Contractor shall be required to supply all labor, equipment, hardware and tools for repairing government owned furniture, in-house and at the off-site locations. Work will be assigned by the COR through Maximo work orders. Repairs shall include repairing chairs, desks, locks, lights, casters, tack boards, hutches, and cubical panels.

Contractor shall provide labor and tools. Repair materials will be supplied by the VA.

TASK 4: Determination of Feasibility

Determine the feasibility of repairing broken and damaged items assigned through Maximo. If the repair exceeds the values of a replacement, or the parts are not available, the contractor must report to the COR to be entitled to a nominal fee for the effort. This Task 4 also covers small tasks such as delivery of an office chair replacement, or keys for office furniture.

IX. REPORTING REQUIREMENTS:

Provide a bi-weekly report to the COR detailing the materials and man hours required to complete the work orders for that week. This report shall be submitted to the COR in Excel format.

X. HISTORICAL DATA

Historically, the Detroit VA Health System has ordered approximately 575 work orders annually in these three areas and equating to approximately 1800 man-hours:

TASK ANNUAL WORK

ORDERS

ANNUAL MAN-

HOURS

AVERAGE

MANHOURS/ORDER

Task 1: Installation of Furniture

193 564 2.9

Task 2:

Moving/Relocation of Furniture/Totes

74 544 7.4

Task 3: Repair of Furniture

209 584 2.8

Task 4: Determination of Feasibility

200 100 0.5

XI. CONTRACTOR REQUIRED TRAINING

All contractor staff providing service under this contract must complete the following training through Talent Management System (TMS).

• Privacy/HIPAA training

• InfoSec – Note: required only if access to the network/computer system is needed.

B.3 PRICE/COST SCHEDULE

The guaranteed minimum only applies to the Federal Government Fiscal Year in which the contract is awarded. The guaranteed minimum is $90,00.00. The Government does not guarantee, nor is it obligated, to place any orders under this contract in excess of the guaranteed minimum.

The contract maximum, or ceiling, for all orders issued against the contract shall not exceed $300,000.00

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contractor shall provide repair and maintenance service for the interior design program per the Performance Work Statement.

Task 1: Installation of furniture Task 2: Moving/Relocation of Furniture/Totes Task 3: Repair of Furniture Task 4: Determination of Feasibility Contract Period: Base POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair PRODUCT/SERVICE CODE: J071 - Maintenance, Repair, and Rebuilding of Equipment - Furniture

1001AA

193.00

JB

interior design program per the Performance Work Statement.

Task 1: Installation of furniture Contract Period: Base POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair

1001AB

74.00 interior design program per the Performance Work Statement.

Task 2: Moving/Relocation of Furniture/Totes Task Contract Period: Base POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair

1001AC

209.00 interior design program per the Performance Work Statement.

Task 3: Repair of Furniture Task 4: Determination of Feasibility Contract Period: Base POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair

1001AD

200.00 interior design program per the Performance Work Statement.

Task 4: Determination of Feasibility Contract Period: Base POP Begin: 03-18-2024 POP End: 03-17-2025 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair interior design program per the Performance Work Statement.

Task 1: Installation of furniture Task 2: Moving/Relocation of Furniture/Totes Task 3: Repair of Furniture Task 4: Determination of Feasibility Contract Period: Option 1 POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair

2001AA

193.00 interior design program per the Performance Work Statement.

Task 1: Installation of furniture

Contract Period: Option 1 POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture

Repair

2001AB

74.00 interior design program per the Performance Work Statement.

Task 2: Moving/Relocation of Furniture/Totes

Contract Period: Option 1 POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair

2001AC

209.00 interior design program per the Performance Work Statement.

Task 3: Repair of Furniture

Contract Period: Option 1 POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair

2001AD

200.00 interior design program per the Performance Work Statement.

Task 4: Determination of Feasibility Contract Period: Option 1 POP Begin: 03-18-2025 POP End: 03-17-2026 PRINCIPAL NAICS CODE: 811420 - Reupholstery and Furniture Repair

GRAND TOTAL

B.3 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

Intentionally Deleted.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

Intentionally Deleted.

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis.

Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $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.

8. SECURITY CONTROLS COMPLIANCE TESTING

Intentionally Deleted.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

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

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

(End of Clause)

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from March 18, 2024 through March 17, 2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.2 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $20.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $130,000.00;

(2) Any order for a combination of items in excess of $130,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.3 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 9/17/2026.

(End of Clause)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

C.5 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made.

No legal liability on the part of the Government for any payment may arise for performance under this contract beyond , until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the https://veterans.certify.sba.gov/ acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.9 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran- Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the…