Combined Synopsis Solicitation 36C24821Q1299.docx

36C24821Q1299

COMBINED SYNOPSIS/SOLICITATION 36C24821Q1299

General Information

Contracting Office Address

NCO 8

ATTN: David Wesley Hess 10000 Bay Pines Blvd, Bldg. 2 RM 342 Bay Pines, FL 33744 Description This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAR–2021–0051, Sequence No. 3, 06-10-2021.

All offerors must be registered in System for Award Management (SAM) at https://www.sam.gov to be considered for an award of a federal contract registered in the record must be complete and not missing elements such as representations and certifications. Also, if you are a Service Disabled Veteran Owned Business (SDVOSB) please be sure to be registered in VIP (Vendor Information Pages) at https://www.vip.vetbiz.gov/.

The associated North American Industrial Classification System (NAICS) code for this procurement is 562112 with a small business size standard of $12.5 million.

The Network Contracting Office 8, SAO East intends to award a fixed priced contract to obtain Floorcare services for the following: C.W. Bill Young VAMC.

This procurement is a 100% Veteran Owned Small Business (VOSB) set-aside and all eligible offerors are encouraged to submit quotes. To be considered for award prospective offerors must be a verified SDVOSB concern in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages https://www.vip.vetbiz.gov/ at the date and time set for receipt of offers. An Offeror who is not a verified SDVOB concern at the date and time set for receipt of offers will be considered Small Business to be considered for award. All offerors must be registered in System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract registered in the record must be complete and not missing elements such as representations and certifications.

All questions regarding this RFQ must be in writing and may be sent by e‐mail to david.hess2@va.gov

Questions must be received no later than August 17, 2021 at 12:00 PM. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted to FBO on Thursday, August 19, 2021 by 18:00 PM EST.

You are reminded that representatives from your company SHALL NOT contact any Bay Pines VA Healthcare System personnel to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to the Contracting Officer.

Quotes are due by 4:00 P.M. EST on September 6, 2021. Quotes received after this date and time will be considered late. Quotes shall be submitted via email to david.hess2@va.gov.

Quoters shall provide a price within the following Price/Cost Schedule.

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 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 10 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 10 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 $50,000.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

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

(3) Data breach analysis;

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

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

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

8. SECURITY CONTROLS COMPLIANCE TESTING

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

9. TRAINING

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

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

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

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

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

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

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

(End of Clause)

36C24821Q1299 Statement of Work Page 1 of Page 1 of The Contractor is required to provide all necessary labor, tools, equipment, and materials to PICK UP, TRANSPORT, and DISPOSE of Regulated Medical (infectious) Waste to include Sharps, for the Department of Veterans Affairs, Bay Pines VA Healthcare System on site at the following locations.

C.W. Bill Young Medical Center (Hospital) 10000 Bay Pines Blvd Bay Pines Florida 33744

Lee County VA Healthcare Center 2489 Diplomat Pkwy. East Cape Coral, Florida 33909

Port Charlotte CBOC 4161 Tamiami Trail, Suite 401 Port Charlotte Florida 33952

Naples CBOC 800 Goodlette-Frank Rd N.

Naples, Florida 34102

Palm Harbor CBOC 35209 US Hwy 19 N Palm Harbor, FL 34684

St. Petersburg CBOC 840 Dr. Martin Luther King St N St. Petersburg, Florida 33705

Sarasota CBOC 5682 Bee Ridge Road, Suite 100 Sarasota, Florida 34233

Bradenton CBOC

5530 SR 64 #101

Bradenton, FL 34208

Sebring CBOC 5901 U.S. Highway 27 South Sebring, Florida 33870

Government Responsibilities Bay Pines VA Healthcare System shall provide access into areas needed to perform the duties of this contract.

A. PERIOD OF PERFORMANCE

Contract period of performance dates:

Base Period: 10/1/2021 to 9/30/2022 Option Period I: 10/1/2022 to 9/30/2023 Option Period II: 10/1/2023 to 9/30/2024 Option Period III: 10/1/2024 to 9/30/2025 Option Period IV: 10/1/2025 to 9/30/2026

B. General Requirements

The contractor shall have on hand any and all clean up materials that would be needed for any spills/accidents that could occur during the transporting of the waste from pickup within the facilities to their transport vehicles. The cleaning process shall be done within the guidelines and policies of the Bay Pines VA Healthcare System, the Florida Department of Health and the Occupational Safety and Health Administration (OSHA).

C. Initial Containment of (Regulated) Waste and Trace Chemotherapy Waste

All Regulated Medical (infectious) Waste, Trace Chemotherapy waste, and Pathological Waste except sharps, shall be appropriately bagged by the Bay Pines VAHCS staff in VA provided red or yellow disposable plastic bags which are impervious to moisture. Infectious waste of ”Sharps” category, which originates from the diagnosis, care and treatment of patients that have been or may have been exposed to a contagious or infectious disease, or immunization or in the production or testing of biologicals, shall be disposed of by the Bay Pines VAHCS in hard plastic containers designed for that purpose (Red for Biohazard and Yellow for Trace Chemo). The contained infectious waste shall be stored by the government in transport containers provided by the contractor as described below. There are designated locked secure storage sites located at C.W. Bill Young VA outside rear entrances of Buildings 110, 22, 1 and 71 and 102 loading dock. Biohazard locations at Lee County Healthcare Clinic, and the CBOCs Port Charlotte, Naples, Palm Harbor, St. Petersburg, Sarasota, Bradenton and Sebring. The use of a distinctive, clearly marked container with a biohazard symbol or Chemo emblem is a must. Packaging must maintain its integrity during storage and transport to ensure containment of infectious waste. Waste may not be compacted or mixed with other waste materials prior to destruction and disposal.

D. Containers

The Contractor shall provide clean, disinfected, rigid plastic containers with wheels to the Government at each pickup of stored Regulated Medical (infectious)Waste. The Contractor will provide an adequate number of barrels/containers, with an approximate capacity of 30 and 96 gallons (RED for Bio and YELLOW for Chemo) with chemotherapy and sharps labels, for each day to respective central storage areas of the C.W. Bill Young VA, and outpatient clinics. The containers will be labeled with bio-hazardous logo or chemo symbol and have lockable/secured snug fitting lids. These containers are to be stackable. The Contractor shall provide the quality of containers as needed and will exchange a clean disinfected container for each filled container picked up. Whenever full containers are picked up at any site, a sufficient number of disinfected empty containers will be left in exchange. In addition, a roll-on-roll-off container of 38 cubic yards or a Trailer will be provided to be stored in a locked area behind Building 110 at C.W. Bill Young VA. This container shall be emptied daily, Monday through Friday, and on call as needed. Currently, the approximate volume of Regulated Medical (infectious) Waste generation at C.W. Bill Young VA is 950,000 pounds annually, 40,000 pounds annually at Lee County Healthcare Clinic, and 30,000 pounds annually at Port Charlotte, Naples, Palm Harbor, St. Petersburg, Sarasota, Bradenton, and Sebring CBOCs. All containers shall be prominently labeled with the word “BIOHAZARD” and the international biohazard symbol.

E. Pick Up and Transport

The Contractor is fully responsible for the pickup and transport of all infectious waste to include chemotherapy and pathological waste.

(1) Pick up of Regulated Medical (infectious) Waste will be daily, Monday through Friday at C.W. Bill Young campus, and picked up between Monday-Thursday at all outpatient clinics. The 38 cubic yard container or trailer on dock of building 110 at C.W. Bill Young VA shall be emptied daily and on call as needed.

(2) Time of pickup of infectious waste at C.W. Bill Young VA shall occur between the hours of 6:00 AM and 10:00 AM, five days per week, Monday through Friday. Time of pick up at the Lee County Healthcare Clinic, CBOCs Port Charlotte, Naples, Palm Harbor, St. Petersburg, Sarasota, Bradenton, and Sebring Outpatient Clinics shall occur as arranged with the Contracting Officer’s Representative (COR).

(3) All labor to remove filled containers from the storage, load the truck and replace with empty, clean disinfected containers is designate areas for each site is the sole responsibility of the Contractor.

(4) At the conclusion of each pick up visit, the Contractor shall provide to the Point of Contact (COR) completed and dated documentation of how many filled storage containers were located for transport. This documentation will comply with all rules and regulations as set forth in EPA Resources Conservation and Recovery Act, Department of Transportation, and Florida Department of Environmental Protection regulations, statutes, and codes. A completed USEPA/DOT Manifest shall be provided for each pick up from each site and shall be followed by a Certificate of Destruction (COD) stating total poundage destroyed. The certificate of destruction shall match weight destroyed to the volumes of medical waste for destruction documented upon pick up and transport of the waste. By the fifth (5th) workday of each month, the Contractor will provide to the COR by email weight tickets for all medical waste removed and destroyed for the previous month and a written certificate validating the destruction. These will be emailed to Attn: Environmental Protection Specialist-Environmental Management Service (EMS). The name of the COR will be provided upon award of contract.

(5) The Bay Pines VA Healthcare System reserves the right to randomly inspect completed containers for proper shipping requirements and check weigh on scales located in Building 110.

(6) Bay Pines VA Healthcare System reserves the right to increase and/or adjust the frequency of infectious waste pickup to meet the needs of the Healthcare System and its outpatient clinics.

(7) The vehicle shall be identified following and complying with all federal, local and State of Florida laws, regulations, statutes, and codes. Vehicle operators will have all current training and licensure for authorized transport of hazardous materials/waste.

F. Safety Plan of Operation The Contractor shall have in place an approved Operation and Safety Plan with documentation of employee training and a copy in every transport vehicle. Prior to contract award, the plan shall be submitted to the Contracting Officer, Department of Veterans Affairs, Bay Pines VA Healthcare System who will forward the plan to Environmental Management Service for approval. The plan and documented training shall include, but not be limited to:

(1) The safe operation of the Regulated Medical (infectious)Waste transport vehicle.

(2) The standards and safety precautions for collecting.

(3) The approval means of transport.

(4) A description of the characteristics and hazards of infectious waste.

(5) The procedures to follow in the event a person is contaminated by infectious waste.

(6) The procedures to follow in the event of a spillage or release of infectious waste including but not limited to clean up and disinfection of contaminated surfaces.

(7) The procedures to follow in the event that a load of infectious waste becomes hot, burning and/or reactive if the lower flammable limit is exceeded.

(8) The procedures to follow in the event of unauthorized waste material are deposited in the collection containers for infectious waste.

(9) The procedures to follow to complete the manifest and to maintain other records requires under any ordinance or under federal regulation and

(10) The procedure to follow to properly disinfect the infectious waste collection vehicle.

(11) Procedures to mitigate releases of hazardous materials/waste and notifications to authorities as required under federal, state, and local laws, statutes, and codes.

G. Contractor/Employee Security and Identification

The Contractor shall be responsible for employing qualified personnel to perform the work specified in this SOW. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. Contractor employees shall wear either name tags identifying the company and employee, or company provided uniforms containing the same information and must be able to communicate in English.

H. Destruction and Disposal

The Contractor is fully responsible for destruction and disposal of all Regulated Medical (infectious), Pathological and Trace Chemotherapy Waste generated by the C.W. Bill Young VA, Lee County Healthcare Clinic, Port Charlotte, Naples, Palm Harbor, St. Petersburg, Sarasota, Sebring, and Bradenton outpatient clinics. Disposal of all infectious waste, pathological and trace chemotherapy, waste residues, absorbents, and PPE, etc., is to be destroyed in accordance with all local, state, federal and EPA laws and regulations. The Contractor is individually and solely responsible for complying with all government regulation regarding Regulated Medical Waste.

I. Weighing System

Contractor will provide a certificate weighing system to enable proper billing for waste poundage disposed; i.e. if the disposal container weighs 14 pounds and Contractor is to dispose/haul 10 containers would be weighed and container total weight (140 pounds) is subtracted from the gross weight to determine total waste poundage to be paid.

J. Licenses and Permits

Contractor must obtain all necessary permits and/or licenses regarding the pick-up and disposal of contaminated medical waste and storage as regulated by state and federal guidelines for regulated medical waste. The contractor/transporter agrees to hold the Government faultless for any negligence of contractor/transporter or his/her employees who may wholly or individually be liable for improper disposal during the performance of this contract. Licenses must include, but not limited to:

1. DOT Transportation Permits

2. FL Department of Health Biomedical Waste Transporter Permit

3. CDL & Hazmat (if applicable) licenses of VA authorized drivers

4. Insurance record

K. Emergencies

Contractor shall possess the ability and must respond to emergency situations deemed by the COR/CO. An emergency response number shall be provided in case of emergency situations. This response must have a maximum execution timeline of 4 hours from the point of the initial call by the Government (e.g. answering service is authorized to accept emergency service calls and contact contractor). Emergency response operations will be deemed necessary by a multitude of circumstances. As an example, emergency responses will be required in the case of a natural disaster or in preparation for a natural disaster; an epidemic/pandemic situation; Activation of the Hospital Incident Command System, the COOP plan, National Emergency Response Plan; etc. Failure to conduct regular schedule pickups will result in violation of the Florida Department of Health and OSHA requirements and will give grounds for termination for cause of the contract.

L. Documentation

Contractor shall provide legible, accurate, and compliant certificates of treatment and destruction of all Regular Medical (infectious) waste, Sharps, Trace Chemotherapy waste and Pathological waste to the Environmental Protection Specialist for ALL locations by email. A name will be provided upon award of contract.

M. Contract Modification

Bay Pines VAHCS is in the process of acquiring an autoclave system, and there is a possibility that the autoclave system will in place within 12-18 months from start of contract. Contractor will be required to stop the PICKUP, TRANSPORT, and DISPOSAL of Regulated Medical (infectious)Waste to include Sharps. The Contractor shall continue provide service for Pathological Waste on an as needed basis which will still require pickup, transport, and removal for incineration.

In the event that the acquisition of the autoclave takes longer than anticipated or that Bay Pines VAHCS decides to no longer venture in that direction, the Contractor shall be required to continue the PICKUP, TRANSPORT, and DISPOSAL of Regulated Medical infectious) Waste to include Sharps.

N. Pathological Waste

The Contractor shall remove and dispose of the Pathological Waste on an as needed basis. The Pathological Waste shall be INCINERATED as the only means of disposal.

Removal and transport of waste to be accomplished from the following location:

C.W. Bill Young VA Medical Center (Hospital) 10000 Bay Pines Blvd Bay Pines, FL 33744

O. Invoices

1.Payment of services rendered under this contract will be made upon satisfactory completion of each service and receipt of a properly prepared invoice/manifest submitted by the Contractor.

2. The Contractor shall invoice by weight of type of material disposed.