NEW COVID BLOOD RFQ.docx
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- MOBILE BLOOD COLLECTION – COVID-19 SUPPORT Federal contract opportunity
- Solicitation number
- 36C24E20Q0156
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PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
101-19-3-328-0009
36C24E20Q0156 5-26-2020 Lynn Portman 412-822-3442 06-01-2020 12pm 00240E US Department of Veterans Affairs Veterans Health Administration Regional Procurement Office (RPO) East 323 North Shore Drive, Suite 500 Pittsburgh PA 15212-5319
X
$16.5 Million
N/A
Department of Veterans Affair Office of Research & Development
1100 1st Street, NE Wshington DC 20238 00240E US Department of Veterans Affairs Veterans Health Administration Regional Procuremnt Office (SAO) East 323 North Shore Drive, Suite 500 Pittsburgh PA 15212-5319
00240E US Department of Veterans Affairs Financial Services Center (FSC)
P.O. Box 149971 Austin TX 78714-8971 x See CONTINUATION Page The general scope of this solicitation is for mobile blood collection in support of COVID-19 research as described in the attached SOW.
All questions pertaining to this solicitation must be submitted to lynn.portman@va.gov by 5/28. Quotes are due on 6/1/20.
This procurement will utilize the comparative evaluation approach as described in attached SOW and RFQ.
See CONTINUATION Page x
Keith Costantino Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| SECTION C - CONTRACT CLAUSES | 6 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 6 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 12 |
| C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 12 |
| C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS | 12 |
| C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 13 |
| C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 13 |
| C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 14 |
| C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 15 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020) | 15 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 24 |
| SECTION E - SOLICITATION PROVISIONS | 25 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 25 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) | 29 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 30 |
| E.4 52.216-1 TYPE OF CONTRACT (APR 1984) | 31 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 31 |
| E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 32 |
| E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 33 |
| E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 34 |
| E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2019) | 34 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
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 36C24E Lynn Portman US Department of Veterans Affairs Veterans Health Administration Regional Procurement Office (RPO) East 323 North Shore Drive, Suite 500 Pittsburgh PA 15212-5319
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] Monthly 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.
US Department of Veterans Affairs Financial Services Center (FSC)
P.O. Box 149971 Austin TX 78714-8971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Page 1 of
Statement of Work for Mobile Blood Collection Agency for ORD COVID-19 Research Response
I. Background The United States and the world are facing historic challenges in response to the pandemic Coronavirus Disease 2019 (COVID-19). As of today, there is no proven treatment for COVID-19. As the largest government healthcare system, the Veterans Health Administration (VHA) is responding to this emerging health crisis by offering Veteran patients the opportunity to participate in research. To be both timely and effective, research efforts must be partnerships with other federal agencies and industry. As one example, the National Institute of Allergy and Infectious Diseases at the National Institutes of Health (NIAID/NIH) is collecting and distributing specimens to researchers and pharmaceutical companies for use in a wide variety of research including testing drug candidates and vaccine development.
VHA Office of Research & Development (ORD) is coordinating and facilitating an enterprise response in support the COVID-19 research effort. Although the VA healthcare system is one of the largest in the country, with growing demand for clinical services, VA laboratories are already stretched and left with limited capacity to support collection and processing of specimens for research purposes. Therefore, we are seeking to contract nationwide mobile human blood collections. These specimens will be from participants who have already undergone informed consent as a part of one or more approved research protocols. The contractor WILL NOT be responsible for obtaining informed consent.
II. General Description of Service The purpose of this agreement is to obtain the services of a mobile specimen collection agency to collect blood in accordance with an approved research protocol of VA-conducted or VA-supported research efforts that are being coordinated through ORD. The specific requirements (number of tubes, timing, handling instructions, etc.) will be defined in a task order. Research participants will include Veterans, family or community members, or VA employees who are enrolled in a VA-conducted or VA-supported COVID-19 research study that requires specimen collection.
The mobile specimen collection agency will receive the participant’s name, address, phone number, date of birth, required time frame and the specifics for specimen collection as outlined in the task order. The mobile specimen collection agency will contact the participant to schedule the exact date and time of the visit and provide a certified phlebotomist to collect the required specimen at the address provided by the participant. The mobile agency must have the ability to collect the required specimen within timeframes and under specifications required per protocol. Once collected, samples must be processed, packaged and returned to the research study laboratory per the documented request for the specific protocol. Specific instructions for each protocol will be documented in a task order to this contract.
VA staff will securely communicate the required sensitive information to the contractor or the communication will be by a VA approved secure process.
| III. | Work Requirements |
| a. | Prior to initial collection |
The mobile specimen collection agency, hereafter referred to as “the contractor”, shall:
| 1. | Designate a project manager for this contract and provide his/her name and contact information to the Contracting Officer’s Representative (COR). Any changes to this position must be submitted in writing to the COR. |
| 2. | Provide evidence of geographically dispersed project staff (phlebotomist) that may be deployed to collect specimens per the needs of the specific study as outlined in each task order. Most collections will occur CONUS; however, the ability to operate in Alaska, Hawaii, and/or US territories may be advantageous. |
| 3. | Provide documentation to the COR that |
| o | project staff shall be licensed phlebotomist/specimen collectors who have been vetted by the contractor and must meet the standards of the state where the specimen is being collected or approved by the National Accrediting Agency for Clinical Laboratory Sciences (NAACLS) and passed an examination through an external certification agency. |
| o | Provide all supplies, materials, tubes, shipping labels and PPE for visit and must adhere to CLSI standards |
| o | Training must include how to handle adverse effects of any biospecimens, including blood draws such as discomfort, bruising, pain, excessive bleeding, and loss of consciousness. |
| 4. | Follow written procedures addressing specimen scheduling, collecting, processing, shipping and reporting procedures in accordance with each work order to include any study specific requirements. |
| 5. | Provide COR with Standard Operating Procedures for Peripheral Blood Collection, handling, and shipping |
| 6. | Designate a project manager or other representative to present mobile collection procedures to study sites and answer questions for each task order. |
| b. | Specimen collection procedures |
| 1. | Research study team member informs participant that mobile agency will be contacting them. She/he will try to determine date/time with participant if possible. Research study team member informs participant that mobile agency will be contacting them. She/he will try to determine date/time with participant if possible. Research Study team will contact vendor and VA COR about the participant including contact information. Vendor will then make contact with participant and schedule blood collection. Once scheduled the vendor contacts both the VA COR and research study team with time and location. Upon successful (or unsuccessful) collection, vendor will again notify the research study team and VA COR and give shipping details (when to expect shipment). Donors will contact the vendor for cancellations and reschedules. Vendor will contact VA COR AND program listed on the task order. |
| 2. | Mobile specimen collection agency must provide all study sites with a contact number that is available Monday-Friday 8:00am-6:00pm (Eastern). The research study team coordinator will contact 1) the VA COR about each potential scheduled specimen collection and 2) use the contact number to call the mobile agency and provide the following information: |
| a. | Participant name, address, phone number, date of birth |
| b. | Required window of specimen collection and any information they may have obtained from the participant (for example, 2:00pm on Thursday) |
| c. | Identify the task order that provides specific details such as type and number of tubes or containers required, laboratory address and handling/shipping information including where the specimen should be sent |
| d. | Research study team coordinator’s name and contact information |
| 3. | The mobile collection agency must be able to identify and contact an available phlebotomist/specimen collector within the participant’s geographic area and relay the information in Step #2. |
| a. | Due to the nature of certain study requirements, the mobile agency must have the ability to complete this identification and contact process within a period of <72 hours in order to have a required specimen collected on time. |
| b. | The mobile agency must have the capability of identifying a phlebotomist who can collect specimens on weekends and holidays, as well as during the work week as requested by the research study team. |
| c. | The mobile agency must ensure the phlebotomist is adequately supplied with specimen collection, processing and shipping materials that will meet study requirements for the visit. These materials would include specimen collections kits and shipping materials, to include 10ml EDTA and 8ml SST, but others tubes may be requested. |
| d. | Specimens will be securely stored |
| 4. | The identified phlebotomist will contact the participant to confirm a date and time for the visit within 24 hours of notification. |
| 5. | The phlebotomist will travel to the participant’s house on the agreed upon date and time and following the procedures below: |
| a. | Verify the participant’s full name and date of birth |
| b. | Draw the required blood (up to 60cc across several tubes.) |
| c. | Label the tube(s)/containers with the participant name, date of birth, date and time drawn/collected. Multiple samples can be shipped together, as long as tubes from each draw are packaged together and labeled appropriately. Basically, multiple samples can go in the same box for shipping, but blood tubes from each draw need to be packaged as a unit within the box. |
| d. | Make sure there is transport to the laboratory in accordance with procurement, handling and shipping requirements as outlined in the task order (within 48hours) and comply with applicable U.S. or international shipping regulations |
| i. | The contractor shall be required to package and ship the collected whole blood samples to requestor location per task order at 4-8C. |
| 6. | Shipping: specimens will be shipped to: |
| Vaccine Immunology Program |
Vaccine Research Center 9 West Watkins Mill Road, Suite 150 Gaithersburg, MD 20878
a. Contractor collecting the samples shall follow all applicable federal and/or local standards.
b. Contractor collecting and processing samples shall use appropriate personal protective equipment as directed by CDC. https://www.cdc.gov/coronavirus/2019- ncov/lab/lab-biosafety-guidelines.html
c. Each shipping container shall also include a sample inventory data sheet outlining specific samples within, to include: CSID/CUID and date/time of collection.
d. The contractor shall maintain ability to track all items in transit and shipping to include descriptions of containers, vehicles, aircrafts, boats, etc. which may be utilized.
e. ALL COLLECTED PRODUCTS MUST BE TREATED AS THOUGH POTENTIALLY HAZARDOUS.
| 7. | Once the contractor/ has shipped the package and confirmed delivery, he/she will destroy any participant contact information in accordance with contractor’s business and privacy practices. Data destruction must meet NIST 800-88 standards. |
| 8. | Once the package has been shipped, the contractor will notify the VA COR for invoicing and performance assessment purposes. |
9. Delivery of requested blood/blood products/biospecimens shall commence no later than one (1) week after award of contract.
10. PHI will be handled in accordance with VA handbook 6500, per contract clauses, and meet NIST 800-88 standards. Confirmation of data destruction must be sent to the VA COR in email form.
If there are any issues that arise during the contract with the required procedures, the contractor must notify the COR in writing and the COR will contact the contracting officer for a formal modification of the contract if necessary.
IV. Performance Period Period of performance will be from date of award for a base year and two one-year option periods.
| V. | Type of Contract |
| Fixed price, Indefinite Delivery, Requirements Contract. requirements contract provides for filling all actual purchase requirements of designated VA Government activities for supplies or services during a specified contract period (from one contractor), with deliveries or performance to be scheduled by placing task orders with the contractor. The following table represents the Government’s realistic estimate for the contract inclusive of option periods in accordance with 52.216-21. This is not a guarantee that the Government will order these services or supplies and should only be considered an estimate of anticipated needs. Actual needs will be issued under subsequent task orders. Funds will be obligated with task orders each year. |
| May 2020-2021 |
| May 2021-2022 |
| May FY22 -2023 |
| Base year estimate |
| Option year 1 estimate |
| Option year 2 estimate |
| Number of visits |
| 1,000 |
| 1,000 |
| 500 |
| VI. | Travel |
| The project management team will not likely be required to travel in support of this contract; however, phone and virtual meetings may be required. |
| VII. | Invoicing |
| An invoice will be submitted monthly in arrears listing the time period the invoice covers with the number of visits by site, number of draws, and the number of attempted visits by site. The invoice will be reviewed by the COR and any discrepancies will be communicated with the contractor. The COR will be responsible for verification and certifying all costs prior to payment. |
| VIII. | Additional Requirements |
| The responsibilities of the Contracting Officer (CO) are to administer the contract and ensure that the contractor performs in accordance with contract documents. The CO is the only responsible official for the Government in all contractual matters that involve change, direction, work performance, time and money. All correspondence and any questions shall be directed to the CO for advisement. | |
| Any technical questions pertaining to this contract should be directed to the Contracting Officer’s Representative (COR) as delegated by the CO. (Refer to the Delegation of Authority issued after award). The COR has duties and limited responsibilities as detailed in the Delegation of Authority, which the Contractor is cautioned to read. The contractor may be held liable if they follow direction for which the COR has no authority to issue. |
VIIII. Security Requirements VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY language FOR Inclusion into CONTRACTS, as appropriate
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.
ACCESS to VA INFORMATION AND VA INFORMATION SYSTEMS
1. A contractor/subcontrator 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.
1. 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.
N/A
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.
N/A
VA INFORMATION CUSTODIAL Language
1. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
N/A
The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.
Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
N/A
INFORMATION SYSTEM DESIGN AND DEVELOPMENT
1. N/A
N/A
N/A
N/A
N/A
N/A N/A
1. N/A
(a) N/A
(b) N/A
1. N/A
1. N/A
N/A
1. N/A
1. N/A
1. N/A
Page 1 of 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.
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 _14_ days.
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 _14_ days.
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.
INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE
1. 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. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.
Page 1 of
1. 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.
1. 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.
1. 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.
1. 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 COTR. 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.
1. 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.
1. 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.
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SECURITY INCIDENT INVESTIGATION
1. 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.
To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
LIQUIDATED DAMAGES FOR DATA BREACH
1. 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.
1. 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.
1. 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.
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.
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.
TRAINING
1. 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;
1. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
1. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
1. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
The contractor shall provide to the contracting officer and/or the 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.
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.
VIIII. Important information and instructions for responses to solicitation: The Government intends to evaluate quotes IAW FAR Part 13.106-2(b)(3) using Comparative Evaluation procedures. The Government will select the quote deemed the best value when compared to all other quotes. The Government will use the value indicators listed below to determine the best value. Lowest price may or may not be deemed the best value. The Government will directly compare quotes to each other, considering the value indicators listed below. Direct Comparative Evaluations will be based on the following: Technical, Price, and Past Performance.
Question pertaining to this solicitation will be accepted until 4/27 and answered by 4/30. Submission to RFQ by 5/6. No extensions will be granted.
Overall submission requirements:
1. Contractor must be a small business to be considered for award.
2. Contract must submit a 1449 (page 1, sections 17a, 30a-c) and have a valid DUNS number registered and active in sam.gov.
3. Contractor must submit a technical response for evaluation as described below.
4. Contractor must submit pricing as described below.
Technical Evaluation:
1. Contractor must provide detailed document demonstrating technical capabilities required to successfully meet the VA’s requirement described in the Statement of Work with an emphasis on III. Work Requirements AND address the following questions:
· The purpose of this agreement is to obtain the services of a mobile specimen collection who can go to participants homes within the entire Continental United States to retrieve blood samples. Please confirm that your company can meet this requirement and that your technical and price submission reflects this understanding.
· Please confirm that your company will employ licensed phlebotomist/specimen collectors who have been vetted by the contractor and must meet the standards of the state where the specimen is being collected or approved by the National Accrediting Agency for Clinical Laboratory Sciences (NAACLS) and passed an examination through an external certification agency.
· Please confirm that materials and examinations that will be used reflect CLSI standards.
· Please confirm you are adequately supplied with specimen collection, processing and shipping materials that will meet study requirements for the visit. These materials would include specimen collections kits, PPE, and shipping materials.
· Please address will destroy any participant contact information in accordance with contractor’s business and privacy practices. Data destruction must meet NIST 800-88 standards.
· Do you have current SOP’s? If so, could you provide us with SOP for peripheral blood collection, starting from confirmation of identity through specimen shipping?
1. Contractor may include explanation of prior work experience for contracts of a similar nature to demonstrate technical capabilities.
Price Evaluation:
1. Contractor shall submit a price proposal with the following information. The price submitted for overall cost per visit is a firm fixed price to include all expenses.
| May XX 2020-2021 |
| May XX v2021-2022 |
| May XX 22 -2023 |
| Base year estimate |
| Option year 1 estimate |
| Option year 2 estimate |
| Number of visits |
| 1,000 |
| 1,000 |
| 500 |
Blood collection supplies per visit
Blood draw cost per visit
Shipping cost (supplies to phlebotomist/specimen collectors) per visit
Subtotal for estimated quantity
GRAND TOTAL
Overall cost per visit
The price submitted for overall cost per visit is a firm fixed price to include all expenses.
Past Performance Evaluation – past performance will be evaluated through evaluations on PPIRS.gov or any other means available to the contracting officer in determination past performance. There are no submission requirements.
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking…
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