RFQ Medical Gas Cylinder Rental 36C24725Q0831.docx

Combined Synopsis-Solicitation for Commercial Items 36C24724Q1035

GENERAL INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Birmingham, VAMC 700 South 19th Street Birmingham, AL 35233

POINT OF CONTACT*

Contract Specialist Winston P Graber Jr Winston.graber@va.gov 985-212-4296

PLACE OF PERFORMANCE

ADDRESS

Atlanta, GA VAMC

1670 Clairmont, RD.

Decatur, GA.

USA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

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 2022-01, December 6, 2021.

This solicitation is set-aside for SDVOSB BUSINESS.

The associated North American Industrial Classification System (NAICS) code for this procurement is 325120, the FSC/PSC is 6830.

The Department of Veterans Affairs is seeking to purchase Medical Gas and Cylinder Rental for Atlanta, GA. VAMC 1670 Clairmont Rd. Decatur, GA. 30033.

Place of Performance Atlanta, GA. VA Medical Center 1670 Clairmont Rd.

Decatur, GA. 30033

All interested companies shall provide quotations for the following:

Please see Attachment for a list of items needed to complete this requirement

Grand Total:

Company Name:

POC:

Signature:

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”

2. FAR 52.212-2, “Evaluation- Commercial Products and Commercial Services

3. FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items”

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” apply to this solicitation with the following addenda: VAAR 852.203-70 Commercial Advertising, VAAR 852.237-76 Electronic Invoice Submission.

· FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” Nov 2021.

The following subparagraphs of FAR 52.212-5 are applicable:

The following FAR clauses identified at paragraph b of FAR 52.212-5 are considered checked and are applicable to this acquisition: 52.219-6, 52.219-8, 52.219-28, 52.222-19, 52.222.21, 52.222-26, 52.222.35, 52.222-36, 52.222-37, 52.222-50, 52.223-18, 52.232-34, 52.222-41, 52.222-44.

Addendum to FAR 52.212-1, Instructions to Offerors

1. Instructions for Proposal Submission.

a. Period of Acceptance of Offers. The Offeror agrees to hold prices in its offer firm for a period of Sixty (60) calendar days from the date specified for the receipt of offers.

b. Offerors’ quotes are to be submitted electronically to Winston.graber@va.gov. Offerors shall include in the subject line of the email the following: Solicitation 36C24725Q0681 – Interacoustics Orion Auto Traverse Rotary Chair BRAND NAME OR EQUAL.

· Electronic quotes shall be prepared in five separate attachments. The contractor must submit pricing for the base period and all option years. Option year pricing will be evaluated.

· Attachment III- Factor C- Price. This factor shall be used to assess the reasonableness of the Offeror’s proposed price. For this factor, Offerors shall submit their Price quote using the Schedule of Services and Price from the section located in this combo. To be considered for award of a contract pursuant to this solicitation, Offerors must propose to provide services for each of the contract line items identified above.

· Attachment IV – ORCA Report if electronic copy has not been completed in the sam.gov database or submit a completed copy of 52.212-3 – Offeror Representations and Certifications.

· Attachment V – VAAR 852.219-77 Limitations on Subcontracting Certification

c. Quotes shall be emailed to Winston P. Graber; winston.graber@va.gov, and be received by 12:00pm, CST; on 6 June 2025.

d. A responsibility determination required under FAR 9.1 will be made prior to award.

e. Per FAR 52.204-7, included in this solicitation by reference, an Offeror is required to be registered in SAM when submitting its offer, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

f. Per VA Acquisition Regulation 852.219-77, Offerors are required to submit a properly competed certification (as required by the regulation) at the time proposals are due.

g. Questions pertaining to this solicitation shall be emailed to Winston.graber@va.gov by 2 June 25. Questions will be answered via an amendment to this solicitation on or about 3 June 2025.

No telephone inquiries will be considered.

Addendum to FAR 52.212-2, Evaluation, Commercial Products and Commercial Services The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. This is a competitive solicitation that will be evaluated and awarded using the comparative evaluation procedures in accordance with FAR 13.106-2(b)(3). The contract will be awarded to the responsible offeror whose offer best meets the government’s needs. Evaluation of price will be the sole determining Factor.

Offerors submitted in response to this solicitation will be evaluated for acceptability against requirements identified in this RFQ. Once one offeror is found to meet the government’s needs, it will be compared side by side to the remaining offerors in a uniform and fair manner, with the “best” one being chosen. The Contracting Officer has the discretion to accept an offeror other than the lowest price that provides additional benefit to the government which the Contracting Officer can document and describe.

The government will evaluate information based on the following evaluation criteria: Factor A- Past Performance, Factor B- Technical Capability and Factor C- Price;

Factor 1 - Price This factor shall be used to assess the reasonableness of the Offeror’s proposed price.

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

Points of contact:

Contract Specialist: ; @va.gov;

Contract Officer: Winston Graber; winston.graber@va.gov; 985-212-4296.

Performance Work Statement

B.3 PERFORMANCE WORK STATEMENT

Title: Portable Medical Gas and Cylinder Rental

1. BACKGROUND Comment by Melissa Maloy: Insert. This should give the background of the program office

Portable Medical Gas Contract – Atlanta VA Medical Center and surrounding Clinics

2. SCOPE OF WORK

Contractual Service Agreement to provide all labor, materials and supplies necessary to supply medical gasses and cylinders to the Atlanta VAMC and surrounding clinics. Contractor must accomplish the deliverables described in the Performance Work Statement (PWS)

The contractor shall provide critical insight and strategy to key EPMO leaders and stakeholders, enabling them to productively deliver programs and services related to PACT Act implementation on time and within the guidelines of congressional mandates. Additionally, the contractor shall provide support in the following areas:

1. Provide analysis of VA enterprise needs to better provide analytics to stakeholders (Congress, SECVA, Admins, etc... in support of Toxic Exposure Fund (TEF)).

2. Provide analysis and support for the implementation of the TEF legislation.

3. Perform predictive modeling analysis in support of the infrastructure needs due to an increase in Veteran volumes resulting from the Toxic Exposure Fund and Veterans qualifying for the PACT Act.

4. Provide strategic analysis of VA enterprise needs for IT modernization to provide Toxic Exposure relief to Veterans promptly.

5. Perform enterprise IT analysis of IT opportunities and support the implementation to better support the Veteran experience for beneficiaries of Toxic Exposure Fund legislation.

6. Provide analysis in support of IT infrastructure needs due to an increase in Veteran volumes resulting from the Toxic Exposure Fund and Veterans qualifying for the PACT Act (Health tech, tech infrastructure, hardware, software)

3. CONTRACT TYPE

This is a firm fixed price contract.

4. PERIOD OF PERFORMANCE

The period of performance is as follows:

Base: 10/01/2025 – 9/30/2026 Option Period 1: 10/01/2026 – 9/30/2027 Option Period 2: 10/01/2027 – 9/30/2028

5. PLACE OF PERFORMANCE

The tasks under this PWS shall be performed at the Atlanta VAMC located at 1670 Clairmont Road, Decatur, GA 30033 and outlying clinics.

6. TRAVEL

All travel will be at the expense of the vendor

The FTR can be referenced at:

http://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/portal

7. TASK STATEMENT

Tasks performed shall be of a non-personal nature. VA organizations will not provide supervision of contractor personnel. Contractor personnel shall at no time allow an employer-employee relationship to develop with VA organizations or their staff. VA organizations will refrain from any activities that create the appearance of such a relationship.

Contractors shall not perform inherently governmental functions including: decision-making, supervision of Government employees, supervision of other contractors on other contracts, and activities that create the appearance of performing such functions.

7.1 REPORTING REQUIREMENTS

The Contractor shall provide the Contracting Officer’s Representative (COR) with Monthly Progress Reports in electronic form in Microsoft Word or Microsoft Excel. The report shall include detailed instructions/explanations for each required data element, to ensure that data is accurate and consistent. These reports shall reflect data as of the last day of the preceding Month.

The Monthly Progress Reports shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including their plan and timeframe for resolving the issue. The Contractor shall monitor performance against the previous month’s approved Monthly Progress Report and report any deviations. It is expected that the Contractor shall maintain communication with VA accordingly so that any arising issues are transparent to both parties to prevent escalation of outstanding issues.

Deliverable:

· Monthly Progress Reports

7.2 INSERT TASK HERE

Deliverable:

· INSERT DELIVERABLE HERE Comment by Melissa Maloy: Please list all deliverables for this task

8. DELIVERY SCHEDULE Comment by Melissa Maloy: Please include all deliverables and details for each here.

Delivery Date

Upon award of contract

a. 508GJ Blairsville VA CBOC 1294 Highway 515 East, Suite 100 Blairsville, GA 30512

b. 508GQ Cobb County VA Clinic 1263 Cobb Parkway N. Marietta, GA 30066

c. 508GM Covington Clinic 934 East Church Street Jasper, GA

d. 508QB East Point VA Clinic 2675 N. Martin St., Building 700 Suite A East Point, GA 30344

e. 508QD Fulton County VA Clinic 1513 Cleveland Ave., Building 300 East Point, GA 30344

f. 508QC Henderson Mill VA Clinic 2296 Henderson Mill Road Atlanta, GA

g. Northeast Cobb County VA Clinic 2217 Roswell Road, Suite 114 Marietta, GA 30062-2957

h. 0304V Atlanta Vet Center (South Fulton County VA Clinic 1800 Phoenix Boulevard, Building 400, Suite 404 Box 55 College Park, GA 30349

i. 0329V Lawrenceville Vet Center 930 River Centre Place, Lawrenceville, GA 30043

j. 0342V Marietta Vet Center 980 S. Cobb Drive Marietta, GA 30060

k. South Cobb County VA Clinic 2400 Herodian Way Southeast Smyrna, GA 30080-8581

l. Tucker VA Clinic 2309 Parklake Drive Northeast, North Lake Atlanta, GA 30345-2914

m. Pickens County VA Clinic 934 East Church Street Jasper, GA 30143-1926

n. West Cobb County VA Clinic 333 Midway Road Marietta, GA 30064-5630

o. 508GL Rome VA Clinic 30 Chateau Dr, SE Rome, GA 30161

p. 508GK Trinka Davis Veterans Village Clinic 180 Martin Dr Carrollton, GA 30117

q. 508QF Atlanta VA Clinic 250 N. Arcadia Avenue Decatur, GA 30030

r. 508GA Fort McPherson VA Campus 1701 Hardee Ave., SW Atlanta, GA 30310

s. 508GH Lawrenceville VA Clinic 455 Philip Blvd, Suite 200 Lawrenceville, GA 30046

t. 508GI Newnan VA Clinic 39-A Oak Hill Ct. Newnan, GA 30265

u. 508GE Oakwood VA Clinic 4175 Tanners Creek Drive Flowery Branch, GA 30542

v. 508GS Pike County Clinic 9528 Highway 19 North Zebulon, GA 30295

w. 508GG Stockbridge VA Clinic 175 Medical Blvd. Stockbridge, GA 30281

x. South Cobb County VA Clinic 2400 Herodian Way Southeast Smyrna, GA 30080-8581

Within 24-48 hours of receipt of request.

9. KEY PERSONNEL

Skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this effort. These are defined as individuals crucial to the successful performance of the orders issued and the programs being supported by those orders and are those persons identified as key personnel in accordance with solicitation requirements. The Contractor agrees that the key personnel shall not be removed, diverted, or replaced from work without prior notification of the CO. Contractor staff shall be fully qualified and have the level of experience necessary to accomplish the requirements of this PWS, as well as those requirements outlined in Section 7.0.

Substitution of Personnel: Any personnel the contractor offers as substitutes shall have the ability and qualifications, including educations and experience, equal to or better than the key personnel whose biography was submitted with the successful proposal. Requests to substitute personnel shall be provided to the CO for review and approval. All notification of substitutions in key personnel shall be submitted to the CO at least 15 calendar days prior to making and change in key personnel, to the maximum extent practicable. The notification shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitution. The contractor shall submit a complete biography/resume for the proposed substitute, and any other information requested by the CO. The CO will evaluate such requests and promptly notify the contractor of approval or disapproval thereof in writing.

10. OTHER DIRECT COSTS

11. GOVERNMENT- FURNISHED EQUIPMENT/ MATERIALS/ FACILITIES/ INFORMATION

The Government will provide adequate physical work space for up to three contractor personnel and will furnish the following: desk, encrypted laptop, phone, electronic mail (e-mail) account, and use of the Government telephone, facsimile machine, and copier, as required by this task order. The use of contractor equipment in Government facilities must be approved by Program Office.

The contractor shall adhere to all VA security requirements for any VA issued equipment and all contractor personnel that will receive and utilize VA issued laptops shall sign a VA property loan form and all associated documentation prior to receiving the equipment. All VA policies related to networked computer use will apply. Personal identification verification (PIV) cards shall be required for all contractor personnel with VA network access/accounts. Contractor personnel shall complete VA’s Privacy and Information Security Awareness and Rules of Behavior training before networked computer access will be granted.

Prior to the use of any Government-furnished equipment, the Contractor shall complete all mandatory training courses on the VA training site, currently the VA Talent Management System (TMS), and will be tracked therein. The TMS may be accessed at https://www.tms.va.gov. If an individual does not have a TMS profile, go to https://www.tms.va.gov and click on the “Create New User” link on the TMS to gain access.

The VA laptop computers must comply with all rules/requirements regarding patches and updates and must be returned to VA at the conclusion of the task order.

12. QUALITY ASSURANCE SURVEILLANCE PLAN Comment by Melissa Maloy [2]: This is boiler plate language so no need to make any revisions.

Performance Standards define required performance for specific tasks. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The Government may utilize the Performance Based Service Assessment Survey, or other methods to compare contractor performance to the Acceptable Levels of Performance (ALPs).

12.1 METHODS OF SURVEILLANCE

Various methods exist to monitor performance. The COR shall use any or several of the surveillance methods listed below in the administration of this QASP.

1. 100% Inspection (evaluates all outcomes) - Each month, the COR shall review all of the contractor’s performance/generated documentation and document results accordingly. This assessment shall be placed in the COR’s QA file.

2. Random Sample - The COR shall review a random sampling of the contractor’s performance/generated documentation and document your results accordingly. This assessment shall be placed in the COR’s QA file.

3. Validated Customer Complaint or Validated Below Average ALP in a Specific Area - Each month, the COR shall review the contractor’s performance/generated documentation corresponding to a validated customer complaint or validated inability to perform in accordance with the ALP in a specific area and document your results accordingly. This assessment shall be placed in the COR’s QA file.

12.2 FREQUENCY OF MEASUREMENT

During task order performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed, and at a minimum shall be twice a year.

12.3 ACCEPTABLE PERFORMANCE LEVELS (APLS) Comment by Melissa Maloy [2]: This is also called a QASP.

Standard Surveillance Method Outcome

12.4 DOCUMENTING PERFORMANCE

Acceptable Performance The Government shall document acceptable performance in accordance with the chart above. Any report may become a part of the supporting documentation for any contractual action.

Unacceptable Performance When unacceptable performance occurs, the COR shall inform the CO. This will always be in writing although when circumstances necessitate immediate verbal communication, that communication will be followed in writing. The COR shall document the discussion and place it in the COR file.

When the CO determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager.

The contractor shall acknowledge receipt of the CDR in writing to the CO. The CDR will state how long after receipt the contractor has to take corrective action. The CDR will also specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CO shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

13. SECURITY AND PRIVACY REQUIREMENTS

13.1 POSITION/TASK RISK DESIGNATION LEVEL(S)

The position sensitivity and the level of background investigation commensurate with the required level of access for the following tasks within the Performance Work Statement are:

Position Sensitivity and Background Investigation Requirements by Task

The Tasks identified above and the resulting Position Sensitivity and Background Investigation requirements identify, in effect, the Background Investigation requirements for Contractor individuals, based upon the tasks the particular Contractor individual will be working. The submitted Contractor Staff Roster must indicate the required Background Investigation Level for each Contractor individual based upon the tasks the Contractor individual will be working, in accordance with their submitted proposal.

13.2 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS Comment by Melissa Maloy [2]: This whole section is to be reviewed by the ISO and PIO, however we do not make any revisions unless they recommend it.

13.2.1 Contractor Responsibilities:

A. The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain the appropriate Background Investigation, and are able to read, write, speak and understand the English language.

B. The Contractor shall bear the expense of obtaining background investigations. Within 3 business days after award, the Contractor shall provide a roster of Contractor and Subcontractor employees to the COR to begin their background investigations in accordance with the ProPath template. The Contractor Staff Roster shall contain the Contractor’s Full Name, Date of Birth, Place of Birth, individual background investigation level requirement (based upon Section 7.0 Tasks), etc. The Contractor shall submit full Social Security Numbers either within the Contractor Staff Roster or under separate cover to the COR. The Contractor Staff Roster shall be updated and provided to VA within 1 day of any changes in employee status, training certification completion status, Background Investigation level status, additions/removal of employees, etc. throughout the Period of Performance. The Contractor Staff Roster shall remain a historical document indicating all past information and the Contractor shall indicate in the Comment field, employees no longer supporting this contract. The preferred method to send the Contractor Staff Roster or Social Security Number is by encrypted e-mail. If unable to send encrypted e-mail, other methods which comply with FIPS 140-2 are to encrypt the file, use a secure fax, or use a traceable mail service.

C. The Contractor should coordinate the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized.

D. The Contractor shall ensure the following required forms are submitted to the COR within 5 days after contract award:

1. For a Tier 1/Low Risk designation:

0. OF-306

0. DVA Memorandum – Electronic Fingerprints

1. For Tier 2/Moderate or Tier 4/High Risk designation:

1. OF-306

1. VA Form 0710

1. DVA Memorandum – Electronic Fingerprints

The Contractor personnel shall submit all required information related to their background investigations (completion of the investigation documents (SF85, SF85P, or SF 86) utilizing the Office of Personnel Management’s (OPM) Electronic Questionnaire for Investigations Processing (e-QIP) after receiving an email notification from the Security and Investigation Center (SIC).

The Contractor employee shall certify and release the e-QIP document, print and sign the signature pages, and send them encrypted to the COR for electronic submission to the SIC. These documents shall be submitted to the COR within 3 business days of receipt of the e-QIP notification email. (Note: OPM is moving towards a “click to sign” process. If click to sign is used, the Contractor employee should notify the COR within 3 business days that documents were signed via eQIP).

E. The Contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

F. A Contractor may be granted unescorted access to VA facilities and/or access to VA Information Technology resources (network and/or protected data) with a favorably adjudicated Special Agreement Check (SAC) or “Closed, No Issues” (SAC) finger print results, training delineated in VA Handbook 6500.6 (Appendix C, Section 9), and, the signed “Contractor Rules of Behavior.” However, the Contractor will be responsible for the actions of the Contractor personnel they provide to perform work for VA. The investigative history for Contractor personnel working under this contract must be maintained in the database of the Office of Personnel Management (OPM).

G. The Contractor, when notified of an unfavorably adjudicated background investigation on a Contractor employee as determined by the Government, shall withdraw the employee from consideration in working under the contract.

Failure to comply with the Contractor personnel security investigative requirements may result in loss of physical and/or logical access to VA facilities and systems by Contractor and Subcontractor employees and/or termination of the contract for default.

Identity Credential Holders must follow all HSPD-12 policies and procedures as well as use and protect their assigned identity credentials in accordance with VA policies and procedures, displaying their badges at all times, and returning the identity credentials upon termination of their relationship with VA.

Contractor employees shall complete a VA Systems Access Agreement if they are provided access privileges as an authorized user of the computer system of VA.

13.2.3 Physical Security and Safety Requirements

The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

a. The Contractor and their personnel shall wear visible identification at all times while they are on the premises.

b. VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. Smoking is prohibited inside/outside any building other than the designated smoking areas.

d. Possession of weapons is prohibited.

e. The Contractor shall obtain all necessary licenses and/or permits required to perform the work, with the exception of software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

13.2.4 Confidentiality and Non-Disclosure

0. The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

0. The VA CO will be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the VA CO for response.

0. Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices.

0. Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the VA CO.

0. Contractor shall train all of their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.

0. Contractor shall maintain physical security at all facilities housing the activities performed under this contract, including any Contractor facilities according to VA-approved guidelines and directives. The Contractor shall ensure that security procedures are defined and enforced to ensure all personnel who are provided access to patient data must comply with published procedures to protect the privacy and confidentiality of such information as required by VA.

0. Contractor must adhere to the following:

1) The use of “thumb drives” or any other medium for transport of information is expressly prohibited.

2) Controlled access to system and security software and documentation.

3) Recording, monitoring, and control of passwords and privileges.

4) All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.

5) VA, as well as any Contractor (or Subcontractor) systems used to support development, provide the capability to cancel immediately all access privileges and authorizations upon employee termination.

6) Contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination.

7) Acquisition sensitive information shall be marked "Acquisition Sensitive" and shall be handled as "For Official Use Only (FOUO)".

8) Contractor does not require access to classified data.

0. Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to strictly avoid any conflict of interest or even the appearance of a conflict of interest in VA/Contractor relationships.

0. VA Form 0752, Confidentiality of Sensitive Information Non-Disclosure Agreement, shall be completed by all Contractor employees that receive Government furnished laptops, and shall be provided to the CO before any work is performed. In the case that Contractor personnel are replaced in the future, their replacements shall complete VA Form 0752 prior to beginning work.

13.3 APPLICABLE VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE (per VA HANDBOOK 6500.6, APPENDIX C, MARCH 12, 2010)

13.3.1 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.

13.3.2 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 (e.g. Business Associate Agreement, Section 3G), 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 CO 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 CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.

13.3.3 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 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 information is returned to VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite 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 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 CO 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 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. 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.

h. The Contractor/Subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA minimum requirements. VA Configuration Guidelines are available upon request.

i. 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 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 CO for response.

13.3.4 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 COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/Subcontractor has access.

b. To the extent known by the Contractor/Subcontractor, the Contractor/Subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/Subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the Contractor/Subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The Contractor, its employees, and its Subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor/Subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

13.3.5 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

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 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;…