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36C256-19-Q-0658 FBO RFQ 36C256-19-Q-0658_1 MAINT and REPAIR PATIENT LIFT EQUIPMENT MEDVAMC.pdf
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FedBizOpps Combined Synopsis/Solicitation Notice
CLASSIFICATION CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
RESPONSE DATE (MM-DD-YYYY)
ARCHIVE DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
SET-ASIDE
NAICS CODE
CONTRACTING OFFICE
ADDRESS
POINT OF CONTACT
(POC Information Automatically Filled from User Profile Unless Entered)
DESCRIPTION * See Attachment
AGENCY'S URL
URL DESCRIPTION
AGENCY CONTACT'S EMAIL
ADDRESS
EMAIL DESCRIPTION
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010
J
Maintenance and Repair Patient Lift Equipment
77030
36C256-19-Q-0658
05-24-2019
N
811219
Department of Veterans Affairs Network Contracting Office 16 Division III Services B 2002 Holcombe BLVD Houston TX 77030 4298
Jeneice McClinton
Michael E. DeBakey VA Medical Center
2002 Holcombe Blvd, Bldg 100 Houston, Texas
77030
US
jeneice.mcclinton@va.gov jeneice.mcclinton@va.gov
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C256-19-Q-0658 Maintenance and Repair Patient Lift
Equipment Posted Date: May 9, 2019 Response Date (NLT): May 24, 2019 Response Time (NLT): 9:00am (Central Time) Product or Service Code: J065 (Maint/Repair/Rebuild of Equipment-Medical, Dental, and Veterinary Equipment and Supplies) Set Aside: Service Disabled Veteran-Owned Small Business
(SDVOSB)
NAICS Code: 811219 (Other Electronic and Precision Equipment Repair and Maintenance) Point of Contract: Only electronic offers will be accepted: Jeneice McClinton, Contracting Officer; Email: jeneice.mcclinton@va.gov
Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-01 (effective 01/22/2019). The associated North American Industrial Classification System (NAICS) code for this procurement is 811219, with a small business size standard of $20.5 million. SB registration will be verified in System Award Management (SAM) and Small Business Administration (SBA). Quotes will be considered non-responsive and rejected if the Contracting Officer is not able to verify and view contractor registrations.
The Department of Veterans Affairs (VA) Michael E. DeBakey VA Medical Center (MEDVAMC) in Houston, Texas require Contractor to furnish all labor, parts, tools, equipment, materials, personnel, supervision, management, transportation and any other necessary supplies/resources for preventive maintenance, routine repair service and emergency (unscheduled) repair service for patient lift equipment. The Government intends to award a firm-fixed price contract; see attached Performance Work Statement for full requirement details.
Period of Performance: June 3, 2019 – June 2, 2021; {one (1) base year; plus, one (1) additional, one (1) year extension to be issued at Government’s discretion.}
Questions on this combined synopsis/solicitation shall be sent to point of contact listed above by May 17, 2019 at 11:00 a.m. (Central Time). An amendment to this combined synopsis/solicitation will be posted with all questions and answers.
All interested companies shall provide quotation(s) for and complete the following:
Section B.1 Contract Administration; B.3 PRICE/COST SCHEDULE ATTACHMENT A Relevant Experience Form ATTACHMENT B Past Performance Questionnaire E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS
E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERICAL ITEMS (OCT
2018)
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 36C256 Jeneice McClinton
Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298
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
3. INVOICES: Invoices shall be submitted in arrears:
a. within 30 days after completion of work performed; thereafter, 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.
VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third‐party contractor, Tungsten, Vendor Electronic Invoice Submission Methods.
Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.
Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:
• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.
• A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) .
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 IT CONTRACT SECURITY
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY
http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/
1. GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.
e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
3. VA INFORMATION CUSTODIAL LANGUAGE
a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA.
This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements.
VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.
j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.
4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT
a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.
b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.
c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.
d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.
e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.
f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.
g. The contractor/subcontractor agrees to:
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:
(a) The Systems of Records (SOR); and
(b) The design, development, or operation work that the contractor/ subcontractor is to perform;
(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and
(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.
h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.
(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.
(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.
(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.
j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 10 days.
k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 15 days.
l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.
5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE
a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.
b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.
c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.
d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.
e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.
f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.
g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.
h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:
(1) Vendor must accept the system without the drive;
(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or
(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.
(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;
(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and
(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.
(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.
6. SECURITY INCIDENT INVESTIGATION
a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.
b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
7. LIQUIDATED DAMAGES FOR DATA BREACH
a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information.
If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis.
Failure to cooperate may be deemed a material breach and grounds for contract termination.
c. Each risk analysis shall address all relevant information concerning the data breach, including the following:
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.
d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $30.15 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:
(1) Notification;
(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
(3) Data breach analysis;
(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
8. SECURITY CONTROLS COMPLIANCE TESTING
On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract.
With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
9. TRAINING
a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
(End of Clause)
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1.00 YR __________________ __________________
Contractor to furnish all labor, parts, tools, equipment, materials, personnel, supervision, management, transportation and any other necessary supplies/resources for preventive maintenance, routine repair service and emergency (unscheduled) repair service for patient lift equipment for up to 607 Guldmann Patient Lifts.
Contract Period: Base POP Begin: 06-03-2019 POP End: 06-02-2020
TOTAL AMOUNT BASE PERIOD: _______________
1.00
YR
OPTION PERIOD ONE (1)
Contractor to furnish all labor, parts, tools, equipment, materials, personnel, supervision, management, transportation and any other necessary supplies/resources for preventive maintenance, routine repair service and emergency (unscheduled) repair service for patient lift equipment for up to 607 Guldmann Patient Lifts.
Contract Period: Option 1 POP Begin: 06-03-2020 POP End: 06-02-2021
TOTAL AMOUNT OPTION PERIOD ONE (1)
GRAND TOTAL
“The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are mathematically and materially unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). As indicated in FAR 52.217-8 the Government will have the option provision to extend the performance of the contract up to an additional 6 months when the contractor is provided written notice.”
B.4 PERFORMANCE WORK STATEMENT
Preventive Maintenance and Service – Patient Lift Equipment MEDVAMC Houston, TX
1. GENERAL INFORMATION
1.1 Contractor to furnish preventive maintenance, routine repair service and emergency (unscheduled) repair service for patient lift equipment identified in Section 5, Patient Equipment/Room Number located at the Michael E. DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd., Houston, Texas.
2. SCOPE OF WORK
2.1 Scheduled Maintenance: Contractor to provide preventive maintenance (PM), routine repair service and emergency (unscheduled) repair service for patient lift equipment identified in Section 5 of this PWS; in accordance with the latest Original Equipment Manufacturer (OEM) standards, International Organization for Standardization 10535 and Section 4, Conformance Standards. The Contractor shall provide to the COR an outline of the PM procedures and schedule.
2.2 General Requirements:
a. The Contractor must submit with technical proposal proof of an established business with an office and full-time staff. The staff includes a "fully qualified" FSE. The FSE shall lead each test. Contractor to submit proof of at least one (1) person trained by the OEM specifications on the equipment to be tested with technical proposal. Failure to provide FSE qualifications proof of at least one (1) person trained by the OEM specifications on the equipment to be tested with technical proposal shall result a non-responsive technical proposal.
b. The Contractor shall complete preventive maintenance and routine repair service by personnel who are approved by the Original Equipment Manufacturer (OEM-Guldmann); and be qualified to inspect each type of lift system: DH 2000, GH2, GH3, GH3+.
c. The Contractor shall be available during the preventive maintenance and routine repair and service to answer any questions or concerns the COR may have regarding the patient lift equipment being inspected.
d. Inspection of structure and function must meet the manufacturer’s requirements as described in the lift instructions, including moving parts, rollers, bearings, end stops, electrical connections, and clearances. Functional inspection shall include all normal functions of the lift.
e. The Contractor shall complete a “Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts” for all lifts inspected under this contract. The Contractor shall provide this form electronically to the COR (See Section 2.3 Specific Standards).
f. The Contractor shall perform weight test with a full lifting cycle at maximum rated load capacity, with the weights attached appropriately to the hanger bar to test the entire system for each patient lift equipment.
g. The Contractor shall have common parts accessible and available to complete required work without clearing the same room multiple times.
h. The Contractor shall test for portable ceiling lift systems (GH2F), each rail/trolley system and each lift system. The Contractor shall in succession hang the same lift on multiple rail/trolley systems.
i. The Contractor shall replace any items damaged by the Contractor, sub-Contractor, their employees or equipment at no additional cost to the Government.
j. The Contractor shall clean area after each completed service and keep area clean at all times. The
Contractor shall not interrupt any utility service or fire alarm service during the process of performing the work for this job.
k. The Contractor shall not perform weight testing in patient rooms where the patient is present. The
Contractor must coordinate with Nursing staff and/or other VA service staff to ensure that empty rooms are available for work.
l. Contractor must notify Contracting Officer Representative (COR) in advance of any operation that requires cutting of ceiling opening or any operation that creates dust. Any operation of this type shall be subject to Infection Control Risk Assessment and shall not be performed under this contract or project.
m. Any part and/or service not covered by this contract shall not be installed and must be reported to the COR immediately upon notice.
2.3 Specific Standards: The Contractor must provide a legibly written description of Preventive Maintenance Inspections (PMI) to the COR at the completion of the preventive maintenance (PM) and service. This legibly written description must include an itemized list of the procedures performed, including electrical safety. PM services shall include, but need not be limited to, the following:
a. The Contractor shall clean equipment.
b. The Contractor shall review the system to ensure that the system is operating in accordance with
Section 3, Conformance Standards or the manufacturer's specifications.
c. The Contractor shall calibrate and lubricate the equipment if necessary.
d. The Contractor shall perform remedial maintenance of non-emergent nature.
e. The Contractor shall test and replace faulty and worn parts and/or parts likely to become faulty, fail or become worn.
f. The Contractor shall inspect and replace where indicated, electrical wiring and cables for wear and fraying.
g. The Contractor shall inspect and replace where indicated, all mechanical components which may include, but is not limited to: X-ray tube mounting hardware, patient restraints and support devices, cables and mounting hardware, chains, belts, bearings and tracks, interlocks, clutches, motors, keyboards, and patient couches for mechanical integrity, safety, and performance.
h. The Contractor shall return the equipment to the operating condition defined in Section 3, Conformance Standards.
i. The Contractor shall provide documentation of services performed.
2.4 The preventive maintenance schedule established herein shall be performed in accordance with, and during the hours defined in Section 7 -Hours of Coverage. All exceptions to the PM schedule must be arranged and approved in advance with the COR.
2.5 Any charges for parts, services, manuals, or tools required to satisfactorily complete the scheduled PM are included within this contract, and its agreed upon price, unless specifically stated in writing otherwise.
2.6 The Contractor shall complete all lift testing on a fiscal year basis within fifty-five (55) to sixty (60) days of the contract award day. The Contractor shall establish schedule for planned maintenance with COR.
2.7 Type of Contract: The Government anticipates an award for a Firm Fixed Price contract.
2.8 Period of Performance: June 3, 2019 – June 2, 2020, with one (1) additional, one (1) year option period to be exercised at the Government discretion.
2.9 Place of Performance: Michael E. DeBakey VA Medical Center, 2002 Holcombe Blvd., Bldg., 100, Houston, Texas 77030.
2.10 The Contractor shall provide technical support via telephone, email and/or world wide web, during normal operating hours (see Section 7 - Hours of Coverage). The Contractor shall submit contact information including name(s) of authorized contact person(s) for the Service Department and telephone number(s) with technical proposal.
2.11 The Contractor shall perform required annual weight and function tests of up to 607 Guldmann ceiling lift systems stated herein this Performance Work Statement (PWS) at the Michael E. DeBakey VA Medical Center (MEDVAMC) and in accordance with the International Organization for Standardization 10535 and manufacturer requirements.
2.12 Scheduled maintenance and service must be arranged with the COR of the MEDVAMC Biomedical Engineering Department. The facility biomedical engineer shall serve as the COR for this project. Contractors shall not be supervised by VA employees and must check-in with the designated person onsite at the beginning of each work day. The Contractor must adhere to local policy in providing appropriate identification to on-site Contractors.
3. DEFINITIONS/ACRONYMS:
a. Biomedical Engineer(ing) - Supervisor or designee.
b. CO - Contracting Officer
c. COR - Contracting Officer's Representative
d. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.
e. ISO – Information Security Office (Officer)
f. FSE - Field Service Engineer. A person who is authorized by the Contractor to perform maintenance
(corrective and/or preventive) services on the VAMC premises.
g. ESR - Contractor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.
h. Acceptance Signature - VA employee who is authorized to sign-off on the ESR which indicates that the PM has been concluded or is still pending completion, or that the Emergency Repair has been accomplished or is still in a pending status.
i. Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR.
j. NFPA - National Fire Protection Association.
k. CDRH - Center for Devices and Radiological Health.
l. VAMC - Department of Veterans Affairs Medical Center
m. VAH - Department of Veterans Affairs Hospital
4. CONFORMANCE STANDARDS: - The Contractor shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, UL, OSHA, VAMC, and CDRH.
5. PATIENT LIFT EQUIPMENT/ ROOM NUMBER:
Lift No.
First Floor | Room # Lift
No.
First Floor |
Room #
1 1a123 53 1c118 2 1a388 54 1c118a 3 1a777 55 1c122a 4 1a782 56 1c126a 5 1a787 57 1c130a 6 1a789 58 1c140a 7 1a791 59 1c143 #3 8 1a794 60 1c143 9 1a806 61 1c143
10 1a807 62 1c144a
11 1a822f 63 1c148a 12 1b120 64 1c152a 13 1b120a 65 1c158 14 1b122 66 1c216 15 1b122a 67 1c216a 16 1b124 #1 68 1c218 17 1b124 69 1c218a 18 1b124a 70 1c220 19 1b126 71 1c222 20 1b126 72 1c222a 21 1b126a 73 1c224 22 1b128 74 1c226 23 1b128a 75 1c226a 24 1b130 76 1c228 25 1b130a 77 1c230 26 1b140 78 1c230a 27 1b140a 79 1c234 28 1b144 80 1c240 29 1b144 81 1c240a 30 1b144a 82 1c242 31 1b147 (Lift 1) 83 1c242a 32 1b147 (Lift 2) 84 1c243a 33 1b220a 85 1c243b 34 1b222 86 1c243c 35 1b222a 87 1c244 36 1b224 88 1c244a 37 1b224 89 1c246 38 1b224a 90 1c248 39 1b226 91 1c248a 40 1b226 92 1c250 41 1b226a 93 1c252 42 1b230 94 1c252a 43 1b230a 95 1c255 44 1b240 96 1b220 45 1b240a 46 1b242 47 1b242a 48 1b244 49 1b244 50 1b244a 51 1b247 (Lift 1) 52 1b247 (Lift 2) mailto:1b147@
No.
Second Floor | Room #
Second Floor | Room #
97 2a416 #5 149 2c130 98 2b220 150 2c130a 99 2b220 151 2c134
100 2b222 152 2c140 101 2b222a 153 2c140a 102 2b224 154 2c142 103 2b224a 155 2c143 #1 104 2b224a 156 2c143 #2 105 2b226 157 2c143 #3 106 2b226 158 2c144 107 2b228 159 2c146 108 2b230 160 2c148 109 2b232a 161 2c148a 110 2b232a 162 2c150 111 2b234 163 2c152 112 2b240 164 2c152a 113 2b240a 165 2c154 114 2b242 166 2c216 115 2b244 167 2c216a 116 2b244a 168 2c218 117 2b246 169 2c218a 118 2b248 170 2c22 119 2b248a 171 2c220 120 2b250 172 2c224 121 2b282a 173 2c226 122 2b282b 174 2c226a 123 2b284a 175 2c226a 124 2b284b 176 2c228 125 2b286 177 2c228 126 2b286a 178 2c22a 127 2b288 179 2c230 128 2b290 180 2c230a 129 2b290a 181 2c234 130 2b292 182 2c240 131 2b294 183…
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