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H166--INDUSTRIAL HYGIENE LAB SERVICES testing an analysis - 554 Federal contract opportunity
Solicitation number
36C25922Q0235
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 19

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36C25921Q0762

SUBJECT*
INDUSTRIAL HYGIENE LAB SERVICES testing an analysis - 554

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*
80111
SOLICITATION NUMBER*
36C25922Q0235
RESPONSE DATE/TIME/ZONE
04-11-2022 4:00 PM MOUNTAIN TIME, DENVER, USA
ARCHIVE
60 DAYS AFTER THE RESPONSE DATE

SET-ASIDE

PRODUCT SERVICE CODE*
H166
NAICS CODE*
541380
PLACE OF PERFORMANCE
Department of Veterans Affairs

Rocky Mountain Regional

VA Medical Center

1700 Wheeling Street

Aurora CO

POSTAL CODE
80445
COUNTRY
USA

CONTACT INFORMATION

CONTRACTING OFFICE ADDRESS
Department of Veterans Affairs

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

POINT OF CONTACT*

Contract Specialist Shanta M Harrison (CS) Shanta.Harrison@va.gov

ADDITIONAL INFORMATION

AGENCY’S URL
https://www.va.gov/
URL DESCRIPTION
US Department of Veterans Affairs Homepage
AGENCY CONTACT’S EMAIL ADDRESS
NCO19Services1@va.gov
EMAIL DESCRIPTION
Network Contracting Office Services 1 Branch

DESCRIPTION

Industrial Hygiene Lab Analysis Services Presolicitation Notice Presolicitation Notice

*=Required Field
Presolicitation Notice

Presolicitation Notice

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS5
B.1 CONTRACT ADMINISTRATION DATA5
IT CONTRACT SECURITY7
B.2 STATEMENT OF WORK17
B.4 WAGE DETERMINATION23
SECTION C - CONTRACT CLAUSES45
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)45
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2022)51
C.3 52.216-18 ORDERING (AUG 2020)59
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)59
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)60
C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)60
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)61
C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)61
C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)62
C.8 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF ELECTRONIC FUNDS TRANSFER INFORMATION (JUL 2013)62
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS64
SECTION E - SOLICITATION PROVISIONS65
E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)65
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)68
E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021)69
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)73
E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)91
E.6 52.216-1 TYPE OF CONTRACT (APR 1984)92
E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)92
E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)93
E.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)93
E.2 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)95

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

Please fill in information below:

B.1.1.1. CONTRACTOR: Name Title Company Address Telephone #

FAX #

E-mail address

B.1.1.2. GOVERNMENT: Shanta Harrison, Contracting Specialist Department of Veterans Affairs Rocky Mountain Network

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village, CO 80111 Telephone: 303-712-5719 E-mail: Shanta.Harrison@va.gov NCO19Services1@va.gov

B.1.2. 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 (SAM), or [N/A] 52.232-36, Payment by Third Party

B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS

B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:

• TUNGSTEN e-Invoice Setup Information: (877) 752-0900

• TUNGSTEN e-Invoice email: USClientServices@ob10.com

• FSC e-Invoice Contact Information: (877) 353-9791

• FSC e-invoice email: vafsccshd@va.gov

• The following two codes will be required when creating a vendor profile in TUNGSTEN:

- TUNGSTEN Buyer Number AAA544240062

- Promo Code: VAPC7Y18

B.1.5. DUNS NUMBER: Please provide the Dun and Bradstreet Number assigned to your firm in the space provided:

B.1.6. TAX IDENTIFICATION NUMBER: Please provide the tax identification number to be utilized for this contract:

B.1.7. PERIOD OF PERFORMANCE: Services required herein shall be for the following time period:

Base Year: May 16, 2022 through May 15, 2023 Option Period 1: May 16, 2023 through May 15, 2024 Option Period 2: May 16, 2024 through May 15, 2025 Option Period 3: May 16, 2025 through May 15, 2026 Option Period 4: May 16, 2026 through May 15, 2027

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

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 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 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 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.

B.2 STATEMENT OF WORK

Industrial Hygiene Lab Analysis Services

1. Purpose: The purpose of the Performance Work Statement is to outline the requirements of an Indefinite Delivery, Indefinite Quantity contractual agreement with Eastern Colorado Health Care System, Rocky Mountain Regional VA Medical Center to establish Ambulance Critical Care Patient Transport (CCT) Services for a five-year ordering period.

1. Title of Project: Industrial Hygiene Lab Analysis Services

1. General: This Statement of Work provides laboratory supplies (i.e. equipment, chain of custody, etc.), sample analysis services, and reporting of results for evaluation of hospital staff exposures to a variety of chemicals and processes in the environment of care in the Eastern Colorado Health Care System.

1. Performance Period: Base Plus 4

1. Type of Contract: Indefinite Delivery, Indefinite Quantity Contract (IDIQ)

1. Place of Performance: 1700 N. Wheeling Street, Aurora, CO 80045 and surrounding area within 100/150miles.

1. Hours of Operation: 24 hours a day / 7 days a week; including observed Federal Holidays

6. Observed Federal Holidays

New Year’s Day
January 1st
Martin Luther King’s Birthday
Third Monday in January
President’s Day
Third Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Veterans Day
November 11th
Thanksgiving Day
4th Thursday in November

Christmas

Christmas Day December 25th

Juneteenth
June 19th

6. When one of the above designated legal holidays fall on a Sunday, the following Monday will be observed as a legal holiday by the U.S. government agencies.

6. When one of the above designated legal holidays fall on a Saturday, the following, or previous Friday will be observed as a legal holiday by the U.S. government agencies.

Tasks to include:

Task I - Chain-of-Custody: The Contractor shall receive and maintain samples under proper chain-of-custody procedures. Sample shipments to the Contractor's facility will be scheduled and coordinated by VA Medical Center. The Contractor shall communicate with the Systems Management Office (SMO), as necessary throughout the process of sample scheduling, shipment, analysis, and data reporting, to ensure that samples are properly processed. However, as necessary, the Contractor shall provide pre-paid shipping labels and supplies for return shipping by the VA Medical Center. The Contractor shall be available to receive sample shipments at any time the delivery service is operating. If there are problems with the samples (e.g., mixed media, containers broken or leaking) or sample documentation/paperwork, the Contractor shall immediately contact the VA Medical Center for resolution; regarding any problems and laboratory conditions that affect the timeliness of analyses and data reporting. In particular, the Contractor shall notify the VA Medical Center in advance regarding sample data that will be delivered late and shall specify the estimated delivery date.

Task II - Analysis of Samples: Sample analyses will be scheduled by groups of samples, each defined and identified by a unique number. A Case signifies a group of samples collected at one site or geographical area over a finite time period and will include one or more field samples which may be sent in a single or multiple shipment. Quality Assurance/Quality Control Procedures. The Contractor shall strictly adhere to all specific QA/QC procedures prescribed in ACGIH standards. Records documenting the use of the protocol shall be maintained on site. The Contractor shall maintain a Quality Assurance Plan (QAP) with the objective of providing sound analytical chemical measurements. This program shall incorporate the quality control procedures, any necessary corrective action, and all documentation required during data collection as well as the quality assessment measures performed by management to ensure acceptable data production.

Task III - Reporting Requirements: The Contractor shall be responsible for completing and submitting analysis data sheets electronically to the VA Medical Center in Adobe PDF format. Use of other formats other than those designated by as noncompliant. Such data are unacceptable. specified format at no additional cost to the required.

Task IV - Maintaining Technical and Management Capability: The Contractor shall have adequate, competently trained personnel on site to ensure the VA Medical Center receives data that meet the terms and conditions of the contract. The Contractor shall have sufficient quantities and types of equipment, instrumentation and supplies at all times to compliantly accomplish the tasks in this contract in accordance with ACGIH standards. The Contractor shall maintain a facility suitable for the receipt, storage, testing, analysis, and delivery of the product meeting the terms and conditions of the contract.

Provide laboratory supplies, return shipping labels for shipment of sampling media back to the laboratory and testing and analysis in accordance with the following Schedule of Supplies and Services, and estimated quantities for each CLIN:

Schedule of Supplies and Services

CLIN
Mandatory Analyte
Mandatory Method
Mandatory Media
Estimated Annual Quantity of Media Units (EA)
1
Halogenated Anesthetic Gases:

1. Halothane

1. Enflurane

1. Isoflurane

1. Desflurane

1. Sevoflurane

Mod. OSHA 29; GC/FID
Charcoal
12

CAS#:151-67-7

2
Limonene [2]
Mod. OSHA PV2036; GC/FID
Charcoal
4

CAS#:5989-27-5

3
Formaldehyde [4]
Mod. NIOSH 2016; HPLC/UV
Treated Silica Gel
20

CAS#:50-00-0

4
Hydrogen peroxide
Mod. OSHA 1019; Colormetric
25mm Quartz Fiber
6

CAS#:7722-84-1

5
Mercury, fumes
Mod. NIOSH 6009; CVAA FILTER
37MCE 0.8
6

CAS#:7439-97-6

6
Methyl methacrylate [2]
Mod. NIOSH 2537; GC/FID
XAD-2
6

CAS#:80-62-6

7
Methyl alcohol (Methanol)
Mod. OSHA 5001: GC/FID
Anas
12

CAS#:67-56-1

8
Total Dust
Mod. NIOSH 0500; Gravimetric
37PVC 5.0 PW
20

CAS#:NA

9
Total Silica, crystalline quartz (without dust) [6]
Mod. NIOSH 7500/mod. OSHA ID-142; XRD
37PVC 5.0
10

CAS#:14808-60-7

10
Toluene [2]
Mod. NIOSH 1501/OSHA 111; GC/FID
Charcoal
6

CAS#:108-88-3

11
Total Wood Dust
Mod. NIOSH 0500; Gravimetric
37PVC 5.0 PW
12

CAS#:NA

12
Xylene [2]
Mod. NIOSH 1501; GC/FID
Charcoal
6

CAS#:1330-20-7

13
Lead [5]
Mod NIOSH 7303; ICP/MS
37MCE 0.8
5

CAS#:7439-92-1

14
Hexavalent Chromium, Inhalable (Welding)
Mod. OSHA ID-215 (version 2); IC/UV
PVC 5.0
6

CAS#:18540-29-9

15
Acetic acid
Mod. OSHA PV2119; IC
Charcoal
4

CAS#:64-19-7

16
Acetonitrile [2]
Mod. NIOSH 1606; GC/FID
Charcoal
4

CAS#:75-05-8

17.Nitrous OxideNIOSH 6600; P IRSB 231-054
CAS#10024-97-2
18.Cidex OPAReaction 2,4,DNPH/Dosimeter Badge8
(ortho-Phthaladehyde)Liquid Chromatography
CAS#643-79-8
19.Mercury, elementalOSHA ID 140226-17-1A6
and inorganic compounds
(vapor)
CAS#:7439-97-6

B.3 PRICE/COST SCHEDULE

CLIN
DESCRIPTION
QUANTITY
UNIT
UNIT

COST

TOTAL COST

1000
Base Year - Industrial Hygiene Lab Analysis Services for the Eastern Colorado Health Care System in accordance with the statement of work (Date of Award) April 2022 through April 2023
1
JOB
$__________
$__________
CLIN
DESCRIPTION
QUANTITY
UNIT
UNIT

COST

TOTAL COST

2000
Option Year 1 - Industrial Hygiene Lab Analysis Services for the Eastern Colorado Health Care System in accordance with the statement of work April 2023 through April 2024
1
JOB
$__________
$__________
CLIN
DESCRIPTION
QUANTITY
UNIT
UNIT

COST

TOTAL COST

3000
Option Year 2 - Industrial Hygiene Lab Analysis Services for the Eastern Colorado Health Care System in accordance with the statement of work April 2024 through April 2025
1
JOB
$__________
$__________
CLIN
DESCRIPTION
QUANTITY
UNIT
UNIT

COST

TOTAL COST

4000
Option Year 3 - Industrial Hygiene Lab Analysis Services for the Eastern Colorado Health Care System in accordance with the statement of work April 2025 through April 2026
1
JOB
$__________
$__________
CLIN
DESCRIPTION
QUANTITY
UNIT
UNIT

COST

TOTAL COST

5000
Option Year 4 - Industrial Hygiene Lab Analysis Services for the Eastern Colorado Health Care System in accordance with the statement of work April 2026 through April 2027
1
JOB
$__________
$__________

B.4 WAGE DETERMINATION

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-5419 Daniel W. Simms Division of | Revision No.: 19 Director Wage Determinations| Date Of Last Revision: 12/27/2021 Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

If the contract is entered into on or after January 30 2022 or the contract is renewed or extended (e.g. an option is exercised) on or after January 30 2022 Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.

If the contract was awarded on or between January 1 2015 and January 29 2022 and the contract is not renewed or extended on or after January 30 2022 Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on that contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Colorado

Area: Colorado Counties of Adams Arapahoe Broomfield Clear Creek Denver Douglas Elbert Gilpin Jefferson Park

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 17.71 01012 - Accounting Clerk II 19.90 01013 - Accounting Clerk III 22.25 01020 - Administrative Assistant 28.33 01035 - Court Reporter 33.05 01041 - Customer Service Representative I 14.89 01042 - Customer Service Representative II 16.71 01043 - Customer Service Representative III 18.25 01051 - Data Entry Operator I 16.59 01052 - Data Entry Operator II 18.10 01060 - Dispatcher Motor Vehicle 22.42 01070 - Document Preparation Clerk 17.84 01090 - Duplicating Machine Operator 17.84 01111 - General Clerk I 17.30 01112 - General Clerk II 18.88 01113 - General Clerk III 21.21 01120 - Housing Referral Assistant 22.96 01141 - Messenger Courier 17.66 01191 - Order Clerk I 17.48 01192 - Order Clerk II 19.08 01261 - Personnel Assistant (Employment) I 17.88 01262 - Personnel Assistant (Employment) II 19.99 01263 - Personnel Assistant (Employment) III 22.28 01270 - Production Control Clerk 26.10 01290 - Rental Clerk 17.89 01300 - Scheduler Maintenance 18.40 01311 - Secretary I 18.40 01312 - Secretary II 20.59 01313 - Secretary III 22.96 01320 - Service Order Dispatcher 20.05 01410 - Supply Technician 28.33 01420 - Survey Worker 18.66 01460 - Switchboard Operator/Receptionist 16.41 01531 - Travel Clerk I 18.16 01532 - Travel Clerk II 19.13 01533 - Travel Clerk III 22.23 01611 - Word Processor I 18.49 01612 - Word Processor II 20.77 01613 - Word Processor III 23.22 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer Fiberglass 26.19 05010 - Automotive Electrician 23.28 05040 - Automotive Glass Installer 21.79 05070 - Automotive Worker 21.79 05110 - Mobile Equipment Servicer 18.88 05130 - Motor Equipment Metal Mechanic 24.73 05160 - Motor Equipment Metal Worker 21.79 05190 - Motor Vehicle Mechanic 24.73 05220 - Motor Vehicle Mechanic Helper 17.40 05250 - Motor Vehicle Upholstery Worker 20.35 05280 - Motor Vehicle Wrecker 21.79 05310 - Painter Automotive 23.28 05340 - Radiator Repair Specialist 21.79 05370 - Tire Repairer 16.73 05400 - Transmission Repair Specialist 24.73 07000 - Food Preparation And Service Occupations 07010 - Baker 16.23 07041 - Cook I 14.94 07042 - Cook II 17.29 07070 - Dishwasher 13.04 07130 - Food Service Worker 14.82 07210 - Meat Cutter 19.48 07260 - Waiter/Waitress 11.72 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 19.06 09040 - Furniture Handler 15.90 09080 - Furniture Refinisher 19.06 09090 - Furniture Refinisher Helper 15.90 09110 - Furniture Repairer Minor 18.10 09130 - Upholsterer 19.19 11000 - General Services And Support Occupations 11030 - Cleaner Vehicles 14.69 11060 - Elevator Operator 13.98 11090 - Gardener 21.89 11122 - Housekeeping Aide 13.98 11150 - Janitor 13.98 11210 - Laborer Grounds Maintenance 17.12 11240 - Maid or Houseman 12.95 11260 - Pruner 16.12 11270 - Tractor Operator 20.16 11330 - Trail Maintenance Worker 17.12 11360 - Window Cleaner 14.83 12000 - Health Occupations 12010 - Ambulance Driver 20.39 12011 - Breath Alcohol Technician 24.28 12012 - Certified Occupational Therapist Assistant 28.73 12015 - Certified Physical Therapist Assistant 28.38 12020 - Dental Assistant 22.33 12025 - Dental Hygienist 44.92 12030 - EKG Technician 37.12 12035 - Electroneurodiagnostic Technologist 37.12 12040 - Emergency Medical Technician 20.39 12071 - Licensed Practical Nurse I 21.71 12072 - Licensed Practical Nurse II 24.28 12073 - Licensed Practical Nurse III 27.06 12100 - Medical Assistant 19.10 12130 - Medical Laboratory Technician 26.82 12160 - Medical Record Clerk 22.80 12190 - Medical Record Technician 25.50 12195 - Medical Transcriptionist 19.30 12210 - Nuclear Medicine Technologist 42.45 12221 - Nursing Assistant I 12.57 12222 - Nursing Assistant II 14.13 12223 - Nursing Assistant III 15.42 12224 - Nursing Assistant IV 17.32 12235 - Optical Dispenser 20.98 12236 - Optical Technician 18.46 12250 - Pharmacy Technician 18.50 12280 - Phlebotomist 18.18 12305 - Radiologic Technologist 33.02 12311 - Registered Nurse I 29.98 12312 - Registered Nurse II 36.67 12313 -…

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