36C25720Q0141-0003001.docx

B.3 PERFORMANCE WORK STATEMENT

Description/Specification/Work Statement

Introduction. This basic contract Statement of Work (SOW) defines the scope for lodging requirements. The Contractor to provide the South Texas Veterans Health Care System (STVHCS), authorized veteran patients, caregivers and donors with hotel/motel lodging in San Antonio, TX and Houston, TX.

Performance Period: The contractor shall complete required work detailed in this SOW upon contract award, unless otherwise directed by the Contracting Officer (CO). The performance periods of the contract are identified in Table 1.

Table 1 Type of Contract: This is a Blanket Purchase Agreement Contract for rooms EXCLUSIVELY set aside for use of veteran patients, families or designated caregivers.

The STVHCS DOES NOT guarantee a minimum quantity for San Antonio, Tx. Estimated annual quantity of rooms for San Antonio, Texas are found in table 2.

San Antonio, Texas

Table 2 NON-NEOGOTIABLE REQUIREMENTS: All rooms for this contract will be compliant with requirements outlined in The Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.), and the Hotel and Motel Safety Act of 1990 (Public Law 101-391) (15 U.S. C. 2201 et Seq.

· The 2196 rooms estimated for Bone Marrow located in San Antonio “does require a Full Kitchen” and must be within 5-miles of the Audie L. Murphy VA Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229.

· The 1464 rooms estimated for Medical Administration Service does NOT require a “Full Kitchen” for San Antonio, TX

· All rooms in the San Antonio, TX area must have transportation to and from the Audie L. Murphy VA Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229 until 10:00 PM.

As required by FAR 52.216-22, “Indefinite Quantity” clause contained in this solicitation, the minimum quantity of hotel/motel rooms that will be required by The South Texas Veterans Health Care System, Audie L. Murphy Division, Bone Marrow Transplant Department on the awarded contract is 2196 rooms for the base year and if exercised unilaterally at the Government’s Discretion Ordering Period I, Ordering Period II and Ordering Period III is 2196 rooms per year.

NOTE 1: The contractor shall ensure ten (10) rooms are set aside each day in San Antonio, Texas for this contract. Rooms may be released for public use at 7 pm if not needed.

The STVHCS DOES NOT guarantee a minimum quantity for Houston, Tx. Estimated quantity of rooms in Houston are found in table 3 must have a Full Kitchen.

Table 3 NON-NEOGOTIABLE REQUIREMENTS: All rooms for this contract will be compliant with requirements outlined in The Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.), and the Hotel and Motel Safety Act of 1990 (Public Law 101-391) (15 U.S. C. 2201 et Seq.

· All 1200 rooms in the Houston, TX does NOT require a Full Kitchen and must have transportation to and from the MD Anderson Medical Center, 1515 Holcombe Blvd, Houston, TX 77030 until 10:00 PM.

NOTE 2: The contractor shall reserve rooms in Houston, Tx after notification from Medical Administration Service representative and release for public use at 7 pm if not needed.

NOTE 3: The contractor shall be paid full price based on awarded contract pricing for occupied rooms.

Scope. The contractor shall be responsible for ensuring contracted lodging facilities meets or exceeds the following criteria and are included with the awarded room price:

1. Rooms will be located on the ground floor if there is no public elevator access readily available.

2. Lodging to be furnished to the veteran patients authorized by the South Texas Veterans Health Care System (STVHCS). Veterans will be arriving by public transportation from the airport or private vehicles from their referring VAMC.

3. Lodgers must be able to check in at all hours to accommodate veterans flight/travel schedule.

4. All rooms must be compliant with requirements outlined in The Americans with Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq.), and the Hotel and Motel Safety Act of 1990 (Public Law 101-391) (15 U.S. C. 2201 et Seq).

NOTE: ADA service animals will be allowed in the hotel, room, and transport vehicles.

5. All rooms must be compliant with the requirements of the National Fire Protection Association (NFPA) 101, Chapter 29, Life Safety code.

6. The VA will conduct annual fire and health safety inspections or as required. Documents of fire and health inspections by the City of San Antonio will be provided on review by the VA inspectors.

7. VA lodgers shall include the veterans and their spouse/family member or caregiver (veteran plus one).

8. The Lodging facility must be within a 5-mile radius from:

· Audie L. Murphy VA Medical Center, 7400 Merton Minter Blvd, San Antonio, TX 78229.

· MD Anderson Medical Center, 1515 Holcombe Blvd, Houston, TX 77030.

NOTE: Contractors must provide a map outlining the route from the lodging facilities to the hospital.

9. Lodging facility shall provide transportation from the hotel to the hospital and from the hospital to the hotel between the hours of 7 a.m. to 10 p.m., 7 days a week as required by lodgers; and to and from the grocery store and nearby shopping malls twice a week per patient.

10. Parking availability at no charge and must be within close proximity of rooms.

11. All rooms must be located on the ground floor for handicapped patients, unless there is an accessible public elevator. The lodging facility must block off the number per day each day as identified above. Rooms shall be held indefinitely and exclusively for the use of South Texas VA Healthcare patients, family members and caregivers.

12. Rooms shall have two (2) queen-size beds per room.

13. Continental breakfast or equivalent.

14. All 2196 rooms/ suites estimated for Bone Marrow located in San Antonio must be equipped with full kitchen to include cook-top stoves, pots and pans, utensils, coffeemaker (with filters if required), microwave ovens or toaster ovens, and full refrigerator with ice trays and must be within 5-miles of the Audie L. Murphy VA Medical Center, located at 7400 Merton Minter Blvd, San Antonio, TX 78229.

15. The 1464 rooms estimated for Medical Administration Service does NOT require a “Full Kitchen” for San Antonio, TX

16. All 1200 rooms in the Houston, TX does NOT require a Full Kitchen.

17. Laundry facilities must be available on premises.

18. Housekeeping services will be provided at a minimum of three (3) times per week which will include light room cleaning and damp dusting. Towel exchanges will be made daily. Rugs will be vacuumed using a HEPA filtered vacuum cleaner. After vacuuming, the carpeted area shall be free of all visible dirt, debris, litter and other foreign matter. A wipe down will be required after cleaning if there is any indication of mold or mildew in refrigerators or shower areas. (An EPA approved quaternary disinfectant will be used for cleaning; a 1:10 bleach solution). Daily cleaning and disinfecting of all surfaces to include sinks, toilet bowls, showers, shower mats, dispensers, plumbing fixtures, partitions, stalls, stall doors, entry doors, handles, kickplates, ventilation grates, metal guards and wall areas adjacent to wall toilets, dispensers, doors, walls, and other such surfaces, using a germicidal detergent and free of odor. Toilet area must be free of stains, scum and other deposits. Showers free of soap films, scum and other deposits. Trash containers are to be free of odors and visible dirt. Floors, baseboards, corners and wall edges must be free of dirt, dust and debris. Glass and mirrors are to have no traces of film, dirt, smudges or water. All horizontal surfaces must be damp dusted or cleaned to eliminate dust collection.

19. 25” color TV in each room with remote and minimum basic cable to include network channels.

20. Telephone service must be provided in each room with free local calls and voicemail. Long distance calls will be the responsibility of the veteran.

21. Hotel premises security will be provided and ensured.

22. Prior to occupancy by new tenant, the rooms shall be thoroughly cleaned. A checklist shall be utilized with a rating system to evaluate the cleanliness of each room.

23. The Lodging facility is responsible to develop customer satisfaction surveys, and a mechanism trend to gather input for veterans lodged at the facility under this contract. The customer satisfaction survey should measure specific standards are being met by the lodging facility for example: cleanliness of the rooms, courtesy of the clerks and hotel staff, appropriateness of the rooms assigned (i.e. handicap accessible). Survey results will be submitted to the STVHCS Contracting Officer’s Technical Representative (COTR) monthly. Lodging facility is required to maintain hard copies of the survey results for an audit.

24. The Government reserves the right, at any time before and after contract awards and during the term of the contract, to inspect available rooms and all other areas of the complex; access to which is necessary to ensure a safe and healthy environment for the STVHCS occupants. This includes, but is not limited to:

a. Floors, baseboards, corners and wall edges shall be free of dirt, dust and debris. Glass and mirrors shall have no traces of film, dirt, smudges or water. Stairways shall be free of dirt, debris, marks, smudges, scuffs and other foreign matter. Carpets shall not be torn and free of dirt, debris, litter and other foreign matters and are securely installed to avoid tripping hazards. Window treatments shall be free of stain, dust and mold, hung by all drapery hooks, free of wear and tears. Ceiling tiles and light fixtures are to be free of stain and mold.

b. Pest Management: There shall be no observation of roaches, ants or any other pests that will cause an unhealthy environment.

c. Restrooms shall be disinfected, free of dirt, deposits, streaks and odors. Showers shall be disinfected and free of soap film, scum and other deposits. Floor shall be free of litter, dirt, dust and debris.

d. Linen items shall not be torn, overly worn and must be free of stains.

BILLING:

1) Billing by contractor should be sent to:

Invoices must be submitted through Tungsten Network located at: http://www.fsc.va.gov/einvoice.asp

2) Payment to be made in monthly in arrears by certified invoices and must contain contract number and obligation number to be considered valid. Invoices contain personal patient information and must be controlled. Vouchers must be maintained under 100% control by lodging management and under lock and key or in a safe until returned to Medical Administrative Service for processing for payment Vouchers will not be copied by lodging management.

3) One spouse, caregiver or family member of veteran will be permitted to stay in the room at NO ADDITIONAL CHARGE to the veteran or the VA. No lodging fees will be charged to the veteran. Any expenses incurred in addition to those covered by the lodging (i.e. unauthorized meals, damages, movie channels, room services, long distance calls, etc) are not the responsibility of the STVHCS.

4) The room rate per night will not include city, state or federal sales tax, from which the STVHCS is exempt from paying.

PATIENT EMERGENCIES:

In the event an STVHCS referred occupant is in an emergency of any kind, the Contractor shall contact (911) to respond to the emergency. Additionally, the Contractor shall immediately contact one of the following individuals:

SPECIAL NOTE: To be eligible for award under this solicitation, offeror must propose for use a facility that is compliant with the requirements of the Hotel and Motel Safety Act of 1990 (Public Law 101-391)(15 U.S.C. 220 et. Seq) and is listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.cfm. Offers proposing facilities that are not listed will be rejected as nonresponsive. In addition, the offerer's facility must be compliant with the requirements of the American Disabilities Act (Public Law 101-336) (42 U.S.C. 12101 et. Seq). Only hotels that can meet the requirements and provide items as listed above may respond to this solicitation. Award will be made to the offeror determined to be the Best Value to the government.

Information Systems Officer, Information Protection: The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA.

Records Manager: There will be no federal records created, maintained, used or dispositioned with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

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.

Access to VA Information and VA Information Systems: A contractor/sub-contractor 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.

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.

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.

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.

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.

VA Information Custodial Language: 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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Security Incident Investigation: The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the 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.

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

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

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

Liquidated Damages for Data Breach: 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.

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.

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

(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.

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;

(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.

Security Controls Compliance Testing: On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

Training: 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.]

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.

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.

FACILITY PROGRAM OFFICE POINT OF CONTACT (AUTHORIZED USERS):

A. Contracting Officer's Representative (COR): Cynthia Salgado, Medical Administrative (office) 210-617-5300 x15996, email at Cynthia.Salgado@va.gov.

B. Alternate Contracting Officer's Representative (COR): Lauren Travis, Service Chief at 210-617-5300 x15661, email at Lauren.Travis@va.gov.