36C26222Q1452.docx

SUBJECT*

Medical Gas System Repairs

GENERAL INFORMATION

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Contract Specialist Domen, Clift Clift.Domen@va.gov 562-766-2241

PLACE OF PERFORMANCE

500 HW 89N

Prescott AZ

ADDITIONAL INFORMATION

DESCRIPTION

[BLANK PAGE]

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 -- Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR -- Part 13 Simplified Acquisition Procedures; and supplemented with additional information included in this notice.

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2022-07, dated August 10th, 2022.

Solicitation 36C26222Q1452 is issued as a Request for Quote (RFQ) and constitutes the only solicitation. The Government intends to award a single Firm-Fixed Price (FFP) award contract.

This procurement will be issued under SDVOSB set-aside. NAICS Code is 811219 and the Small Business Administration’s (SBA) size standard is $22.0 Million.

The Government is seeking a contract to acquire Medical Gas System Repairs. This solicitation is seeking to fulfill the following statement of work:

DEPARTMENT OF VETERANS AFFAIRS

NORTHERN ARIZONA VA HEALTH CARE SYSTEM

STATEMENT OF WORK

FOR

(ONLY COMPLETE SECTIONS A, B, AND C)

A. GENERAL INFORMATION

1. Purpose: This Statement of Work (SOW) describes the Repairs required for the Medical Gas system. This includes repairs of the medical gas compressor systems, vacuum system, O2 tank and medical alarm panels.

2. Background: The services described in this SOW is required due to the aging of the current systems and availability of repair parts to operate the system effectively and efficiently for proper patient care. There is a frequent amount of leaks around the current piping to include valves, gauges, manifolds and isolation points around the medical gas compressor systems, medical gas vacuum systems, O2 supply systems (both main tank and secondary tanks). The medical alarm panels require replacing due to non-availability of replacement and repair parts. The cabling for the medical gas alert/alarm system has been spliced, broken, damaged to the extent that nuisance alarms are sent to the master alarm panels or no alarms are sent or received to some of the panels or to the central panel to alert nursing and/or facilities maintenance staff of medical gas issues or outages.

3. Places of Performance: Northern Arizona VA Healthcare System, 500 HW 89N, Prescott, AZ 86113. The repairs are required in Bldg 107, 148, 160 & 162 and the B Courtyard.

4. Period of Performance: This is a repair by replacement. Deliverables, installation, and repairs must be completed within one year upon award.

5. Hours of Service: Work is to be done between the hours of 8:00 a.m. and 4:00 p.m. Monday thru Friday, excluding federal holidays. Request for weekend work must be submitted in writing.

Warehouse Hours: Deliveries are accepted between the hours of 8:00 a.m. and 3:30 p.m. Monday thru Friday, excluding federal holidays.

Federal Holidays

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies

B. GENERAL REQUIREMENTS

1. Basic Requirements: NAVAHCS requires repairs and updates to its current medical air and vacuum systems for patient care areas of the facility within buildings 107, 148, 160, 162 and the B Courtyard.

a. There are multiple medical gas, vacuum and O2 manifolds, gauges, valves, and piping that are leaking and are no longer repairable or efficient. There is too much air loss that is occurring at the manifolds. Too much to the extent that when backup systems or tanks are turned on, the tanks must be closely monitored by facilities staff in the event of backup tanks running out of medical air or gases.

Manifold leaks at the Bulk O2 tank.

Manifold leaks at the Bulk O2 tank area for the secondary tank system.

Manifold leaks at the secondary tank system at Bldg 107.

Manifold leaks for the Medical Air system in the Medical Air Compressor room in Bldg 107.

b. The two (2) medical air compressor systems and the one (1) medical vacuum compressor system have aged extremely past their acceptable life expectancy. These systems have been maintained extensively by facilities staff; however, replacement parts, equipment, motors, and controls are no longer available, and the systems need to be replaced.

1. Bldg 148 – Medical Air Compressor will need to be changed out however when the system is shutdown, the work must be completed within three (3) days and cannot coincide with weekends or holidays. Coordination must be done with facility staff prior to shutdown to determine impact to patient care.

2. Bldg 107 – Medical Air Compressor system can be installed in room A next to the existing Medical Air & Vacuum room B. The piping can be attached or connected to a medical air valve pipe with the marking of “future” designated on the pipe. This will allow for limited total down time between the replaced system and new system being started and made operational. Once the old medical air compressor is isolated, then this can be removed. Then in room B, prior to the existing Medical Vacuum system being removed, the new Vacuum system will be installed in the same space where the previous medical air compressor was removed. Once the vacuum system has been installed and operational, the previous system can be removed. These details are needed because at this moment there are electrical panels that are situated in these rooms and are currently not meeting the required working distances for electrical panels in accordance with NFPA 70 & 70E. These panels require a minimum of 36 inches of distance for allowable working space. By completing the above in this order will minimize the total downtime to the facility medical air and vacuum systems and limit the total impact to patient care.

Medical Air Compressor for Bldg 148.

Medical Air Compressor for Bldg 107.

Medical Vacuum Compressor for Bldg 107 (picture #1).

Medical Vacuum Compressor for Bldg 107 (picture #2).

c. The medical alarm master panels (2 – one is located in ED Bldg 160 and the other is located in Bldg 107 in Bio Med shop) need to be updated as well as the network cabling will need to be replaced utilizing the existing raceways, conduits and boxes. One (1) medical gas alarm master panel needs to be completely disabled and removed as it is too close to the dementia ward (Bldg 148), and it receives frequent nuisance alarms which affects the dementia patients. Wiring and network wiring/cabling needs to be replaced with proper frequency shielded cabling due to frequent building upgrades and renovations, the current cabling is failing and causing frequent nuisance alarms from breaks and over splicing without the proper cable/wiring protections from frequency connections. We need to add in remote monitoring of the bulk tank O2 area to the alarm system through either BACnet or BAS so that the Boiler Plant can receive audible and visual alarms of the O2, Medical Air & Medical Vacuum systems. We would like to have an assessment or evaluation done to provide a solution and recommendations for monitoring the flow and usage of O2, medical air, and medical vacuum for patient care areas of the facility.

Master Alarm in Bldg 160-ED (now obsolete).

d. Need to assess and survey location of the O2 fill connection port that is still attached to building 148 when building 162 was built (where the dock was located). We would like to get this evaluated to determine if this fill port is required in accordance with NFPA 99. There are two other EOC fill ports (1 at Bldg 148, D-Wing & 1 at Bldg 107 in the B Courtyard by Room C). If the port that is located inside of Bldg 148 is not required, then we would like to have it disabled and removed back to the T-connection which is located in the old SPS area. This will also require inspection, verification, and certification once completed by a certified Medical Gas Inspector.

O2 fill connection port for Bldg 148 (picture #1).

O2 fill connection port access hatch in Bldg 148/Bldg 162.

O2 fill connection port for Bldg 148 (picture #2).

e. We will require, upon completion of installation and repairs, a complete Medical Gas Inspection, testing, and certification with a provided report on the total NAVAHCS Medical Gas System. The contractor shall perform a Master and Area Alarms testing and certification. Testing and certification of the Medical Center’s medical gas systems shall comply with Engineering Policy Memorandum No. FM-20. This policy is used to schedule, monitor, and document the testing and maintenance of the Medical Center’s medical gas systems. These systems include medical air, oxygen, medical vacuum. All critical components of the piped medical gas system including master signal panels, area alarms, automatic pressure switches, shutoff valves, flexible connectors, and outlets (to include usage ports at patient care areas), shall be tested, inspected, and maintained in compliance with NFPA standards by the Contractor. Prime Contractor shall have completed NFPA 99C Medical Gas Certifier training and provide a current certificate of qualification. The documentation shall be provided in electronic format and a hard copy format will be provided in a 3-ring binder.

f. We will require as-built drawings of the Medical Gas system upon completion of the contract. NAVAHCS will provide a current set of as-built drawings upon contract award to the contractor. The drawings shall include layout of the total medical gas system, medical vacuum system, O2 system, master alarm & area alarm system with locations, isolation valves and locations for the total NAVAHCS Medical Gas System.

g. Contractor will be required to conduct coordination efforts with NAVAHCS staff prior to any medical gas shutdowns in order to perform repairs. Contractor will be required to provide a Dewar oxygen system to provide backup oxygen during repairs in the event that repairs are estimated to take longer than 8 hours.

2. Qualifications:

Installation, testing, inspection, and certification shall be accomplished by certified installers and inspectors. Certificates shall be provided upon arrival prior to the certification process.

Installers, verifiers, and inspectors will need to be from different companies. Installers will not be permitted to inspect or verify their own work. Verifiers shall not be allowed to install equipment or perform any part of the installation or repairs. Verifiers shall not be permitted to inspect or act as inspectors for any portion of this contract. Inspectors shall not be allowed to perform any portion of the installation or repairs, nor will they be permitted to verify any portion of the installation or repairs. The installers, verifiers, and inspectors shall not be employed by the same company or contractor no matter if they are the Prime Contractor or the Sub-Contractor.

All installations, repairs, documentation, inspections, vacuum, brazing, piping, purging, labeling, breaching to include all documentation shall be performed in accordance with NFPA 99 Chapter 5 Gas and Vacuum Systems.

a. Installers: Shall be made by qualified, competent technicians who are experienced in performing such installations, including all personnel who install the piping system in accordance with NFPA 99 Section 5.1.10.11.10 Qualification of Installers. Installers shall be certified in accordance with ASSE 6010 – Medical Gas Systems Installers.

b. Inspectors: Shall be certified in accordance with ASSE 6020 – Medical Gas Systems Inspectors.

c. Verifiers: Shall be certified in accordance with ASSE 6030 – Medical Gas Systems Verifiers.

3. Reporting:

Contractor (or Representative) shall sign-in upon arrival at the M&O Supervisor Office, building 31, Room 111, at the beginning of each visit.

All documentation for installation, inspection, and certifications shall be provided to Northern Arizona VA Health Care System (NAVAHCS) facilities personnel during the contract period of period and upon completion of the awarded contract. Documentation shall be provided in both electronic format (pdf) and hard copy format with 3-ring binder.

Contractor will be required to conduct coordination efforts with NAVAHCS staff prior to performing any medical gas shutdowns to perform repairs. Coordination efforts must start 72 hours prior to any scheduled shutdown for repairs. This will allow proper coordination with hospital staff and patient relocation during shutdowns for repairs to be performed. Shutdowns will not be allowed during the hours of 6:00am to 10:00am during the regular work week (Monday to Friday). Shutdowns will not be permitted for the entire facility. When a shutdown is required for Bldg 107, then Bldg 148 must remain online, engaged, and intact. The same goes for if a shutdown is required for Bldg 148, then Bldg 107 must not be taken down for repairs. Once repairs are started, then repairs that require an outage shutdown must be completed within 3 days and will not coincide with weekends or holidays.

If a repair will require the system to be down longer than eight (8) hours, then the contractor will be required to provide two (2) backup oxygen system tanks (Dewars) with a manifold setup, and it must be equipped with an alarm tied into the medical gas master alarm panel. The tanks will be required to be equipped with an automatic transfer switch in the event that one tank is low, it will engage the second so there will be no loss of oxygen flow.

4. Salient Characteristics Vacuum System – Medical Vacuum Single Point Connection Base Mount System

· 208VAC, 3 PH, 60 Hz Main electrical connection

· 65kAIC SCCR rating

· 200-gallon air receiver with three-valve bypass

· 104 scfm NFPA system capacity @ 19" Hg

· Integrated HEPA air inlet filter per pump with glass collection canister

· Total Alert Embedded Control System with Touchscreens

1. High-detail 5.7” touchscreen displays vital system information, alarms and warnings, 3.5” service screens and event logs

1. Embedded web server, remote monitoring, and e-mail/pager alerts

1. Ethernet connectivity for simple installation and Total Alert networking

1. NEMA 12 control panel enclosure

1. 24V control circuit

1. 65 kAIC SCCR rating

1. BACnet communication with TCP/IP protocol

· Single point connections

· Non-Contacting, Dry Claw technology

· BACnet compatible – for connection to medical air, gas, vacuum alert panel

· 6.4 HP Motor

· 82 dB Noise Level

· 63.9 FLA rating

· Base (66in x 52.5in) Height 84.48in

· Overall (68.54in x 66.93in x 84.48in)

· 3” Flange Discharge Connection

· 3” Flange Inlet Connection

· ½” FNPT Condensate Drain

Medical Air System – Medical Air Duplex 5 HP Lifeline Single Point Connection System

· 208VAC, 3 PH, 60 Hz Main electrical connection

· 65kAIC SCCR rating

· Heavy-duty isolation system

· Integrally mounted corrosion resistant ASME Coded 80-gallon air receiver cfm NFPA system capacity @ 50 psig

· Fully NFPA 99 code compliant

· Single point connections

1. High-detail touchscreen displays vital system information, alarms and warnings, service screens and event logs

1. Embedded web server, remote monitoring, and e-mail/pager alerts

1. Ethernet connectivity for simple installation and Total Alert networking

· Total Alert Embedded Control System with Touchscreens

1. High-detail 5.7” touchscreen displays vital system information, alarms and warnings, 3.5” service screens and event logs

1. Embedded web server, remote monitoring, and e-mail/pager alerts

1. Ethernet connectivity for simple installation and Total Alert networking

1. NEMA 12 control panel enclosure

1. 24V control circuit

1. 65 kAIC SCCR rating

1. BACnet communication with TCP/IP protocol

· Pre-piped and wired dew point sensor and CO sensor with remote contacts

· Duplexed drying system with purge-controlled desiccant dryers with mounted prefilters, after filters, and regulators

· Quiet oil-less scroll technology

· BACnet compatible – for connection to medical air, gas, vacuum alert panel

· 5 HP Motor

· 70 dB Noise Level

· 27.0 FLA rating

· Overall (47.5in x 34.5in x 74.0in)

· ¾” FNPT Discharge Connection

· 1 ½” FNPT Inlet Connection

· ½” FNPT Condensate Drain

Medical Air System – Medical Air Triplex 5 HP Lifeline Single Point Connection System

· 208VAC, 3 PH, 60 Hz Main electrical connection

· 65kAIC SCCR rating

· Heavy-duty isolation system

· Integrally mounted corrosion resistant ASME Coded 120-gallon air receiver cfm NFPA system capacity @ 50 psig

· Fully NFPA 99 code compliant

· Single point connections

1. High-detail touchscreen displays vital system information, alarms and warnings, service screens and event logs

1. Embedded web server, remote monitoring, and e-mail/pager alerts

1. Ethernet connectivity for simple installation and Total Alert networking

· Total Alert Embedded Control System with Touchscreens

1. High-detail 5.7” touchscreen displays vital system information, alarms and warnings, 3.5” service screens and event logs

1. Embedded web server, remote monitoring, and e-mail/pager alerts

1. Ethernet connectivity for simple installation and Total Alert networking

1. NEMA 12 control panel enclosure

1. 24V control circuit

1. 65 kAIC SCCR rating

1. BACnet communication with TCP/IP protocol

· Pre-piped and wired dew point sensor and CO sensor with remote contacts

· Duplexed drying system with purge-controlled desiccant dryers with mounted prefilters, after filters, and regulators

· Quiet oil-less scroll technology

· BACnet compatible – for connection to medical air, gas, vacuum alert panel

· 5 HP Motor

· 71 dB Noise Level

· 40.5 FLA rating

· Base (66.0in x 62.0in) Height 81.9in

· Overall (66.0in x 62.0in x 81.9in)

· 1” FNPT Discharge Connection

· 2” FNPT Inlet Connection

· ½” FNPT Condensate Drain

Medical Gas Alarm Panels

· 10.2 Touch Screen LCD Display

· Ethernet Connectivity with Embedded Web Page

1. Accessible through any SMTP Gateway

1. Allows for remote alerts of alarm conditions

· Event Logging

· 4-20mA Options

· BACnet Compatible for conformance to the current building automation system (BAS)

· Audible Horn with minimum of 80dBA measured at 3 ft and adjustable to 90dBA at 3 ft.

· Wi-Fi 802.11 b/g/n to enable interface to panel web page and retrieve operating information and event history.

· Input power 100 to 250 VAC 50/60 Hz, fused on input side and rated at 250mA, time delayed.

· Internal power conversion to low voltage 24VDC.

· Alarm should have Biomaster (an additive proven to reduce bacterial growth).

· Pipe connections are 3/8” nominal (1/2” OD) type K copper tube and include a DISS check fitting.

· Should accommodate 1 to 8 gases and monitor up to 60 normally closed dry contact switches wired locally.

· Should also be retrofit capable to be installed in existing wall enclosures.

· Dimensions (14.0in x 9.0in)

Wiring Requirements

· Wiring or cabling shall be shielded cable to protect from frequency interference.

· If installed in conduit, and if spliced, cabling must be protected from frequency interference and protected by properly rated enclosures and wireways to include all splicing connections.

Medical Gas Manifolds

· Should include a line pressure gauge with two bank contents gauges. LED electronics overlay for easy visual status of gas flow.

· Left Bank and right bank

· LED visual indicators

· In Use (Green)

· Ready (Green)

· Empty (Red)

· Secondary Low (Yellow)

· Reserve in Use (Yellow)

· Reserve Low (Red)

· Power source and control board furnished inside a pre-mounted NEMA 4 enclosure.

· 250mA max at 100-250 VAC, 50/60 Hz single phase input to 24VDC output

· ¾” FNPT (manifold outlet)

· ½” FNPT (high-preserve reserve header inlet)

· O-ring sealed zero clearance unions

· ¾” full port with 3-piece, ball-type source shut-off valve with 1/8” FNPT port

· Source valve has ¾” NPT attachment to union outlet and ¾” nominal copper (type K) tube for brazing to main supply line

· 5.8 SCFM (350 SCFH) for Oxygen gas flow

· ¼” shut-off valve to isolate manifold from hospital piping

· Connections to liquid container (primary) side provided on one end and connections to 10 high pressure cylinder containers (secondary) side provided on the other end

· Control Box/Panel dimensions – 20” W x 18.25”H x 9.88” D

· Overall manifold length – 61 inches (for liquid tank & high pressure 10 tanks)

· Overall manifold length – 86 inches (high pressure tanks – 10 tanks)

· Embedded web server, remote monitoring

· Ethernet connectivity for simple installation and networking

· Accessible through any SMTP gateway

· BACnet compatible – for connection to alert panels and building automation systems (BAS)

Acronym Legend kAIC – available interrupting current x 1000 SCCR – short-circuit current rating FLA – full load amperes FNPT – female national pipe thread NPT – national pipe thread scfm – standard cubic feet per minute scfh – standard cubic feet per hour NEMA – National Electrical Manufacturers Association BACnet – Building Automation and Control networks TCP/IP – transmission control protocol/internet protocol BAS – building automation system ASME – American Society of Mechanical Engineers NFPA – National Fire Protection Association CO – carbon monoxide LCD – liquid crystal display SMTP – simple mail transfer protocol DISS – diameter index safety system psig – pounds per square inch gauge

5. Specific Tasks

Medical Air Compressors Replace and remove medical air compressors (2) – one air compressor at Bldg 107 (Powerex) & one air compressor at Bldg 148 (Beacon Medaes). Install new medical air compressors and connect to piping.

1. Bldg 148 – Medical Air Compressor will need to be changed out however when the system is shutdown, the work must be completed within three (3) days and cannot coincide with weekends or holidays. Coordination must be done with facility staff prior to shutdown to determine impact to patient care.

2. Bldg 107 – Medical Air Compressor system can be installed in room A next to the existing Medical Air & Vacuum room B. The piping can be attached or connected to a medical air valve pipe with the marking of “future” designated on the pipe. This will allow for limited total down time between the replaced system and new system being started and made operational. Once the old medical air compressor is isolated, then this can be removed. These details are needed because at this moment there are electrical panels that are situated in these rooms and are currently not meeting the required working distances for electrical panels in accordance with NFPA 70 & 70E. These panels require a minimum of 36 inches of distance for allowable working space. By completing the above in this order will minimize the total downtime to the facility medical air and vacuum systems and limit the total impact to patient care.

Medical Vacuum Compressor Replace and remove medical vacuum compressor at Bldg 107 (Powerex). Install new medical vacuum compressor and connect to piping.

1. Bldg 107 – In room B, prior to the existing Medical Vacuum system being removed, the new Vacuum system will be installed in the same space where the previous medical air compressor was removed. Once the vacuum system has been installed and operational, the previous system can be removed. These details are needed because at this moment there are electrical panels that are situated in these rooms and are currently not meeting the required working distances for electrical panels in accordance with NFPA 70 & 70E. These panels require a minimum of 36 inches of distance for allowable working space. By completing the above in this order will minimize the total downtime to the facility medical air and vacuum systems and limit the total impact to patient care.

Medical Gas Manifolds, Valves, Piping, Gauges repairs and replacements.

Replace bad leaking manifolds, valves, piping, gauges at buildings 107, 148, 160, and 162. Manifolds at Bldg 162 in the O2 bulk tank area need to be replaced due to leaking with proper valves and manifolds and should be inspected and tested. Manifolds for backup tanks in the O2 bulk tank area need to be replaced due to leaking with proper valves and manifolds and should be inspected and tested. Gas manifolds, valves & gauges at Bldg 107 for secondary tanks need to be replaced due to leaking with proper valves, manifolds, and gauges and should be inspected and tested. Vacuum and Medical Air compressor valves, manifolds, gauges, and isolation valves in Bldg 107 need to be replaced due to leaking with proper required valves, manifolds, gauges, and isolation valves and inspected and tested. Medical Air compressor valves, manifolds, gauges, and isolation valves in Bldg 148 need to be replaced due to leaking with the proper required valves, manifolds, gauges, and isolation valves and inspected and tested.

Medical Gas Master Alarm Panels Replace medical gas master alarm panels – one (1) is located in Bldg 107 in the Bio Medical shop area, and one (1) is located in Bldg 160 in the ED area. Remove completely one (1) master alarm panel from Bldg 148 close to the Dementia ward. Install new medical gas master alarm panels – one (1) in Bldg 107 in Bio Medical shop and one (1) in Bldg 160 in ED area. Reuse existing box enclosures for both medical air master alarm panels and connect to newly installed wiring. Connect to BACnet system and server used for building automation system (BAS) so that Boiler Plant can receive Medical Gas alerts and alarms through the central building automation system (BAS). Provide remote monitoring of the bulk tank area to alarm system through the BAS or BACnet. Provide a solution or recommendation by evaluation for monitoring the O2 bulk tank area of O2, Air, Vacuum for flow and usage.

Wiring for Alarm Panels Replace deteriorated wiring connected to medical gas alarm panels and system with new wiring and network cabling. Wiring will use existing raceways, conduits, and boxes. Cable and wiring shall be shielded and protected from any frequency interference throughout system to include all wireways, junction boxes, splices, and connections/terminations.

Evaluate O2 Fill Connection Port Need to assess and survey relocation of the O2 fill connection port that is still attached to building 148 when building 162 was built (where the dock was located). We would like to get this evaluated to determine if this fill port is required in accordance with NFPA 99. If the port that is located inside of Bldg 148 is not required, then we would like to have it disabled and removed back to the T-connection which is located in the old SPS area. This will also require inspection, verification, and certification once completed by a certified Medical Gas Inspector.

Medical Gas Testing, Inspection, and Certification Complete Medical Gas Inspection, testing, and certification with a provided report on the total NAVAHCS Medical Gas System. All critical components of the piped medical gas system including master signal panels, area alarms, automatic pressure switches, shutoff valves, flexible connectors, and outlets (to include usage ports at patient care areas), shall be tested, inspected, and maintained in compliance with NFPA standards by the Contractor. The documentation shall be provided in electronic format and a hard copy format will be provided in a 3-ring binder.

As-Built Drawings of the Medical Gas System Provide as-built drawings of the Medical Gas system upon completion of the contract. A current set of as-built drawings will be provided by facility staff. The drawings shall include layout of the total medical gas system, medical vacuum system, O2 system, master alarm & area alarm system with locations, isolation valves and locations for the total NAVAHCS Medical Gas System. This should be provided in electronic formats (pdf and CAD) upon completion of the contract.

C. PERFORMANCE MEARSURES (IF A SERVICE IS INVOLVED)

Performance measures are comprised of performance indicators (some characteristic of a deliverable that can be measured) and performance measures (a mark, measure, or benchmark that government personnel use as a point of comparison when evaluating contractor performance). The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these measures.

The Performance Requirements Summary Matrix, paragraph <enter number> in the Performance Work Statement (PWS), includes performance measures. The Government shall use these measures to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

D. VA INFORMATION SYSTEM SECURITY/PRIVACY CLAUSES

GENERAL SECURITY REQUIREMENTS: 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/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.

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 comply 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.

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.

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:

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

Description of the event, including:

date of occurrence;

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

Number of individuals affected or potentially affected;

Names of individuals or groups affected or potentially affected;

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;

Amount of time the data has been out of VA control;

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

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

Assessment of the potential harm to the affected individuals;

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

Notification;

One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

Data breach analysis;

Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

The information identified above is intended to be descriptive, not restrictive and to indicate the quality that will be satisfactory. The interested parties bear full responsibility to ensure their submission demonstrates to the government that they can provide the services being requested.

Provisions 52.212-1, Instructions to Offerors – Commercial and 52.212-2, Evaluation – Commercial Items are applicable to this acquisition. Furthermore, Provision 52.212-2 is utilizing the lowest price on an Acceptable/Unacceptable evaluation process.

Submitting Quote:

Offeror(s) shall submit their quote via email on company letterhead and shall include the completed pricing forms, along with name, address, telephone number of the offeror, firm’s UEI#, total price and a completed copy of FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items or a copy of offeror’s annual offeror representations and certifications (ORCA) document from www.sam.gov as required by FAR Clause 52.212-3 Offerors Representations and Certifications - Commercial Items.

Submit all question(s) to Clift Domen at clift.domen@va.gov no later than Wednesday, August 17th, 2022, and before 1:00 PM Pacific Daylight Time (PDT). Ensure to reference solicitation # 36C26222Q1452 within the subject line of the email.

Quotes must be received by Tuesday, August 30th, 2022, and before 1:00 PM PDT. Email your quote to Clift Domen at clift.domen@va.gov. Ensure to reference solicitation # 36C26222Q1452 within subject line of the email. Quote(s)/offer(s) received after the prescribed deadline, shall be considered non-responsive and will not be considered for award.

CONTRACT CLAUSES AND PROVISIONS

52.212-2 - Evaluation—Commercial Items (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical acceptability shall be established by review of each submitted quote, attachments, and/or information by the designated technical evaluator/s and verification that any “brand name” or “equal to items" meet all the salient characteristics included in this solicitation. No other rating or quantitative value other than acceptable or unacceptable will be assigned.

Once technical acceptability has been established, the Contracting Officer shall award to the lowest price.

(b) Options. 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 significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of clause)

52.217-8 - Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract expiration.

(End of clause)

52.252-2 - Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses and provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021)

FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Nov 2021)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2022)

FAR 52.232-18, Availability of Funds (Apr 1984)

FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

FAR 52.233-1, Disputes (May 2014)

VAAR 852.203-70, Commercial Advertising (May 2018)

VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (Oct 2019)

VAAR 852.232-72, Electronic Submission of Payments (Nov 2018)

(End of Clause)

52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html https://www.acquisition.gov/vaar

FAR 52.204-7, System for Award Management (Oct 2018)

FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018)

FAR 52.233-2, Service of Protest (Sep 2006)

VAAR 852.233-70, Protest Content/Alternative Dispute Resolution (Oct 2018)

VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)

(End of Provision) image1.jpeg image2.jpeg image3.jpeg image4.jpeg image5.jpeg image6.jpeg image7.jpeg image8.jpeg image9.jpeg image10.jpeg image11.jpeg image12.jpeg image13.jpeg