Combined Synopsis-Solicitation.docx

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-01

This solicitation is set-aside for Small Business

The associated North American Industrial Classification System (NAICS) code for this procurement is 721110, with a small business size standard of $35.0 Million The FSC/PSC is V231

The VA Iliana Healthcare System, 1900 East Main Street, Danville Illinois is seeking to purchase overnight lodging for VA beneficiaries and their caregiver (if applicable)

All interested companies shall provide quotations for the following:

Two Year Ordering Period The contract ceiling amount is $250,000.

The guaranteed minimum is 50 Rooms for each ordering period.

Services Pricing Period 1 12/01/2020-11/30/2021

Quantity

Services

STATEMENT OF WORK

Overnight Lodging for Veterans VA Iliana Medical Center Danville, IL

1. SCOPE: The Contractor shall provide VA Iliana Medical Center located at 1900 East Main, Danville, IL, lodging for VA beneficiaries and their caregiver (if applicable). The Contractor facility must be at a minimum a “AAA” certified “two-and-a-half-star rating.” The length of stay for each Veteran (and their caregiver) may range from one night to two nights, but in some cases may last longer. The VA estimates that approximately 25 rooms (Sunday through Thursday), or 120 rooms per month shall be needed. The Contractor must accommodate up to 5 rooms per night, Sunday-Thursday. Up to 2 additional rooms, are allowable Sunday through Thursday, at the discretion of the Ordering Official and Contractor. The Contractor will accommodate up to 2 rooms (4 total), Friday and Saturday, as needed and as space allows. If there are no reservations for the above-mentioned rooms by the VA, the rooms can be released to the general public 48 hours prior to the non-reserved night. The VA will only reimburse the lodging facility for the actual number of rooms utilized per night (i.e., if 3 rooms are utilized on a given night, the Contractor may only invoice for those 3 rooms, not 5 rooms). The Contractor lodging facility must be within a 5-mile radius of the VA Iliana Medical Center.

2. ROOM REQUIREMENTS:

a) The Contractor’s facility shall be an accommodation that is AAA rated at a minimum of two diamonds or equivalent “two and a half star” rating. At a minimum, the facility shall have vending machines and a continental breakfast. Up to 5 rooms shall be available every night from Sunday through Thursday, with the option for an additional 2 rooms. On occasion, there may be a need for rooms on Friday or Saturday nights. If the VA has a need for rooms on Friday or Saturday night, the Contractor shall provide these rooms at the contracted price.

b) The rooms shall be for double occupancy. Occasionally, a roll-away bed may be required at no additional charge. A minimum of one room available Sunday-Thursday shall be handicap accessible.

c) There shall be no additional charges to the Veteran or caregiver for lodging. Any expenses incurred in addition to those covered by the basic lodging charge referred to in this solicitation (e.g. unauthorized meals, damages, movie channels, room services, long distance calls, etc.) are not the responsibility of the VA Iliana Medical Center. Rooms shall be equipped with phones and local calls shall be included in the lodging rate.

d) The room rate per night shall not include state and local taxes, of which the VA is exempt from paying.

e) Reservations will be made by authorized VA officials during the hours of 8:00a.m.-4:30pm, Monday through Friday, by the Administrative Officer of the Day (AOD) or On-call Social Worker during other hours, including on weekends. A list of individuals authorized to refer Veterans for lodging will be maintained by the Contracting Officer and the VA Iliana Lodging Coordinator.

f) Rooms provided shall be smoke free. Smoking shall not occur in the rooms at any time, whether or not VA referred occupants are present.

g) Housekeeping services shall comply with the Hotel Industry Standard.

h) General room requirements shall follow the minimum standard for the Hotel Industry and the Americans with Disabilities Act of 1990.

3. ROOM RESERVATIONS: Room reservations, room occupancy, and room payment will be on the following basis:

a) The Contractor shall allow the occupancy of a room covered by this contacts, only upon the Veteran’s referral by VA Officials authorized by the Iliana VA Medical Center to make the referral. The Authorized Official (s) will inform the Contractor of each Veteran’s name, and the expected arrival time and date at the Contractor’s facility, over the telephone. In addition, the Veteran will receive written authorization from the VA, showing that their stay is authorized, and shall provide this authorization to the lodging facility during check-in.

b) The Contractor shall use its existing check-in and check-out times.

c) The Contractor shall submit an invoice to the VA for payment for all rooms covered by this contract, by the 10th business day of the following month. The invoice shall be for the actual number of rooms per night utilized in the previous month In addition, the Contractor shall provide a monthly report to the Contracting Officer, Contracting Officer Representative or the Lodging Coordinator which lists the Veteran’s name, the date that the Veteran checked-in and out, and the rate charged.

d) Contractor Point of Contact for Lodging Reservations (available M-F,8-430) Laura-Leigh Mowery_____ (Name/Department) 217/554-5121___________ (Telephone Number) LAURA.MOWERY3@VA.GOV_____(Email Address) 217-554-4813____________________(Fax)

e) Contractor Point of Contact for Lodging Reservations (available Off tour) Administrator on Duty_______(Name/Department) 217/554-4560______________(Telephone Number) _________________________ (Email Address) _________________________ (Fax)

4. PATIENT EMERGENCIES: In the event a VA referred Veteran is in an emergency situation of any kind, the Contractor shall call 9-1-1, in addition to immediately contacting the Social Work Office during administrative hours or the AOD if the emergency occurs outside of normal business hours. Administrative hours are Monday through Friday, 8:00 a.m. to 4:30 p.m.

5. CONTRACTOR PROVIDED CONTINENTAL BREAKFAST: The Contractor shall provide, at a minimum, a continental breakfast to the Veteran and Veteran’s caregiver if applicable. This shall be included in the per night price per room.

6. FIRE SAFETY: The lodging facility must meet all federal, state and local fire codes. Each guest unit must be equipped with an operational single-station smoke detector. Property in which space is offered shall be evaluated in accordance with latest editions of the National Fire codes and Uniform Building Code. The maintenance of contractor-owned fire extinguisher shall be provided by the Contractor in accordance with NFPA Standards. Smoke detectors shall be installed in each office, storage area, hallway and other common areas. Each room shall be fully sprinkler equipped.

7. WHEELCHAIR ACCESSIBILITY: All areas and furnishings must comply with the Uniform Federal Accessibility Standards (UFAS)

8. ELEVATORS: If elevators are a part of the room complex, they shall conform to the latest requirements of the American National Standard Safety Code for Elevators and shall be inspected and maintained in accordance with American National Standard Inspector’s Manual for Elevators or equivalent local code. The elevators shall also comply with local codes and ordinances.

9. ROOM SECURITY: Accommodations must have dead bolt locks on all guest room entry doors and connecting room doors. If the area outside the guest room door is not visible from inside the room through a window or door panel, viewports must be installed don all guest room entry doors. Ground floor and easily accessible sliding doors must be equipped with secondary security locks.

10. SERVICE ANIMALS: The Americans with Disabilities Act (ADA) prohibits U.S. businesses that serve the public from discriminating against persons with disabilities. The Contractor shall permit entry to guests and their service animals, as well as allow service animals to accompany guests to all public areas of a property. No fees or deposits, even those normally charges for pets, shall be charged for service animals as they are not pets.

11. CONTRACTING OFFICER REPRESENTATIVE (COR): The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer. The Government shall appoint a COR. A Delegation of Authority letter shall be forwarded to the using service and the Contractor after the contract has been signed, identifying the individual(s) as the COR(s)

12. CHANGES: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, then change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof.

13. AUTHORIZED SERVICE: Only those services specified herein are authorized under this contact. Before permitting any service or repairs of a non-contract nature, the Contracting Officer must be advised of the reasons for this additional work. The Contractor is cautioned that only the Contracting Officer or his/her designee may authorize additional services or repairs that are outside of the scope of this contract and that reimbursement shall not be made unless prior authorization is obtained.

14. QUALIFICATIONS:

a) Lodging facility must be at a minimum, a “AAA” certified “two diamond” accommodation or equivalent “two star” rating (from Forbes, Mobil travel, etc.).

b) Contract facility must be able to accommodate up to 5 rooms a night, with an option for 2 additional rooms Sunday-Thursday and optional 2 rooms Friday-Saturday, as needed.

c) Lodging facility must be within a 5-mile radius of the Iliana VA Medical Center, and be accessible by public bus transportation system and bus stop within 100 yards walking distance.

15. MISCELLANEOUS: The Contractor shall notify the VA of any renovation to the building or movement of earth on the grounds by written notification to the Contracting Officer at least seven (7) calendar days in advance of the event.

16. SECURITY REQUIREMENTS: Privacy Language Required. Include VA Handbook 6500.6 App. B & C Sections 1,2,3,6,7,9 & Maintain a SIGNED App. D. Complete Appropriate Privacy Training. Local BAA must be implemented between Contractor and VA Iliana Health Care System Privacy Office.

17. RECORDS REQUIREMENTS:

a) Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CRF Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 551a). These polices include the preservation of all records, regardless of form or characterizes, mode of transmission, or state of completion.

b) In accordance with 36 CRF 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21,29,31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c) In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d) VA Iliana and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA Iliana or concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental remove, defacing, alteration, or destruction of records, Contractor must report to VA Iliana. The agency must report promptly to NARA in accordance with 36 CFR 1230.

e) The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the Overnight Lodging for Veterans Contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA Iliana control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emails, or securely electronically transmitted to the Contracting Officer or address prescribed in the Overnight Lodging for Veterans Contract. Destruction of records in EXPRESSLY PROHIBITED unless in accordance with Paragraph (d).

f) The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contract (and any sub-contractor is classified, and controlled unclassified information.

g) The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

h) The Contractor shall not create or maintain any records containing nay non-public VA Iliana information that are not specifically tied to or authorized by the contract.

i) The Contract shall not retain, use, sell, or disseminate copies of any deliverable that contain information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

j) VA Iliana owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA Iliana shall have unlimited rights to use, dispose of, or disclose such data contain therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

k) Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VA Iliana-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

18. FLOW DOWN REQUIREMENTS TO SUBCONTRACTORS

a) The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this Overnight Lodging for Veterans Contract, and require written subcontractor acknowledgement of same.

b) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

The Contract period of performance is 12/01/2020-11/30/2022

Place of Performance The Contractor lodging facility must be within a 5-mile radius of the VA Iliana Medical Center.

Danville Illinois

The Government contemplates award of a single ,firm fixed-price indefinite delivery, indefinite quantity contract resulting from this solicitation.

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Items” JUN 2020

5. FAR52.216-27 Single or Multiple Awards (OCT1995)

6. FAR 52.216-1- Type of Contract-The Government contemplates award of a firm fixed-price indefinite delivery, indefinite quantity contract(s) resulting from this solicitation.

7. 52.212-2 Evaluation-Commercial Items (OCT 2014)

8. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items” [Attention CO: www.sam.gov registration is required to be complete at time of submission of response.]

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” OCT 2018

· 52.216-18 ORDERING (AUG 2020)-

· (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by a NCO12 Contracting Officer with the appropriate warrant authority to bind the government. Such orders may be issued from December 1,2018 through November 30,2020.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be placed by designated individuals in the NCO12 Contracting office by phone, fax, or e-mail.

· 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50 Rooms, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 1000 rooms;

(2) Any order for a combination of items in excess of 1000 rooms; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within Five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

· 52.216-22 INDEFINITE QUANTITY (OCT1995)

· 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors

· 852.215-71, Evaluation Factor Commitments

· 852.232-72, Electronic Submission of Payment Requests FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (OCT 2020) (DEVIATION AUG 2020)

The following subparagraphs of FAR 52.212-5 are applicable:

subparagraph (b) (4),(8),(22),(27), (30),(32), (33), (35),(49), Subparagraph (c )(2),(3),(4),(7),(8)

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.

4. 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 COTR 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.

5. 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 $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

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

(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.

6. 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 COTR 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.

Wage Determination 2015-5021 shall apply

All quoters shall submit the following: one (1) copy of the quote. The quote shall be submitted in two sections, the pricing quote and the technical and past performance Quote.

All quotes shall be sent to the NCO12 Contracting Officer Kevin Adkins by email at kevin.adkins@va.gov

Addendum to 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES

(a) Basis for Award. The Government will issue a purchase order to the responsible quoter whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(b) The following factors shall be used to evaluate quotations:

(1) Technical

(2) Past Performance

(3) Veterans Involvement {Pursuant to VAAR 813.003-70 (c) (2), to the extent that market research does not support an SDVOSB or VOSB set-aside, the Contracting Officer shall include evaluation factors prescribed at VAAR 815.304}

(4) Price

(c) Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2 (b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

(1) Technical or Quality: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

(2) Past Performance: The past performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in fulfilling the solicitation’s requirements as indicated by the quoter’s record of past performance. The past performance evaluation may be based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired; Customer surveys, and past performance questionnaire replies; Contractor Performance Assessment Reporting System (CPARS) at http://www.cpars.gov/; or any other reasonable basis.>

(3) Veterans Involvement: In accordance with Veterans Affairs Acquisition Regulation (VAAR) 852.215-70 (DEVIATION), Service-Disabled Veteran-Owned and Veteran-Owned Small Business (VOSB) Evaluation Factors, the Government will assign evaluation credit for a Quoter (i.e., prime contractor) which is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a VOSB. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database at time of quotation submission and at time of award ( https://www.vip.vetbiz.va.gov/) and must meet federal small business size standards for the North American Industry Classification System (NAICS) code assigned to this solicitation. Non-SDVOSB/VOSB quotations that use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation Factor. Quoters must state in their quotations the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VetBiz.gov VIP database ( https://www.vip.vetbiz.va.gov/) and must meet federal small business size standards for the NAICS code assigned to this solicitation at time of both quotation submission and at time of award.>

(4) Price: The Government will evaluate the price by adding the total of all line item prices, including all ordering periods The Total Evaluated Price will be that sum

(d) {Delete this section in its entirety if no options are included} Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract to the quoter's total price. Quoters must price only the base and option periods specified in the contract line item numbers (CLINs), and shall not submit a price for the potential six-month extension of services under FAR 52.217-8. The Government reserves the right to exercise the option under FAR 52.217-8 before the end of any of the contractor's performance periods and will be exercised at the price and/or rates in effect at the time the clause is exercised. Evaluation of options shall not obligate the Government to exercise the option(s).> The following are the decision factors:

FACTOR 1: LODGING REQUIREMENTS

Offerors must demonstrate that they possess the capability to meet the minimum standards for technical acceptability A. The Contractor’s facility shall be an accommodation that is AAA rated at a minimum of two diamonds or equivalent “two and a half star” rating.

B. The facility shall have vending machines and a continental breakfast.

C. Contract facility must be able to accommodate up to 5 rooms a night, with an option for 2 additional rooms Sunday-Thursday and optional 2 rooms Friday-Saturday, as needed.

D. Lodging facility must be within a 5-mile radius of the Iliana VA Medical Center.

FACTOR 2: MANAGEMENT CAPABILITY

Offerors must demonstrate that the firm’s management possesses the required knowledge, experience, plans, controls, approach and other capabilities to perform the services as identified in the Statement of Work. Offerors shall provide the following information:

A. Describe firm’s ability to provide the full range of services as outlined in the statement of work

FACTOR 3: PAST PERFORMANCE

The information reviewed by the Government shall clearly indicate that the offeror possesses the ability to satisfactorily perform the contract. Past Performance evaluations will be conducted using information provided with the offer, information obtained from references, information obtained from the Past Performance Information Retrieval System (PPIRS), the Federal Awardee Performance & Integrity Information System (FAPIIS) and information from any other sources deemed appropriate. When evaluating past performance, the Government may consider the currency and relevancy of the information, the source of the information, the context of the data provided, and the general trends in the contractor’s performance. An offeror that has no available relevant past performance history will not be evaluated favorably or unfavorably. Such offerors may submit relevant past performance information regarding: predecessor companies; key personnel who have relevant experience; or subcontractors that will be performing major or critical aspects of this requirement;

The Government reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the Offeror when evaluating past performance. Offerors may provide information on problems encountered on the identified contracts and the offeror’s corrective actions.

The Offeror shall list a minimum of one (1) and a maximum of five (5) most recent completed projects of similar size and scope during the last three (3) calendar years along with Point of Contact (POC) information (Name, Address, Telephone Number, Email Address and Fax Number) of a POC of the owner of those projects or person who represented the owner and would have the most detailed information about the Offeror’s performance.

PRICE QUOTATION

Price will be evaluated by the Contracting Officer for all ordering periods to determine reasonableness and may be evaluated to determine whether the price realistically supports the requirements of the solicitation. If more than one offer is received, the prices from the offers will be entered into an abstract or documented in the Contracting Officer’s Award Decision.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of your response shall be received not later than Thursday October 22,2020 at 4PM Local time (CDT).

Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact Kevin Adkins Contracting Officer 217-554-4544 Office 217-554-3206 Fax kevin.adkins@va.gov

VHAPM Part 813.106 SAP: Soliciting Competition & Evaluation of Quotations SOP Page 3 of 5 Original Date: 10/12/17 Revision 04 Date: 06/10/20