S02 36C24824Q0978.pdf

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24824Q0978

General Information

Action Code: Combined Synopsis Solicitation

Document Type: RFQ

RFQ Number: 36C24824Q0978

Posted Date: 6/11/2024

Response Date: 6/21/2024 by 4:00PM EST

Classification Code: S207

Set Aside: Small Business

NAICS Code: 561710

Contracting Office Address

NCO 8

ATTN: John H. Shultzaberger

300 East University Ave

Gainesville, FL 3260

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

FAR Subpart 12.6 in conjunction with Part 13, as supplemented with additional information included in this notice. This procurement is being conducted under Subpart 13.5 Simplified Procedures for Certain

Commercial items. This announcement constitutes the only solicitation for this action. Quotes are being requested, and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-05 Effective

May 22, 2024.

The Network Contracting Office 8 intends to award a firm fixed priced contract, providing for all supplies, materials, equipment, labor, supervision, management, and transportation, necessary to provide pest control services in accordance with the below Price Schedule.

Prospective offerors shall be a registered in the System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract, and registration shall be complete and not missing elements such as representations and certifications.

VENDOR QUESTIONS: All questions regarding this RFQ Shall be in writing and sent by e‐mail to

John.Shultzaberger@va.gov no later than 6/14/2024.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted on SAM.gov.

You are reminded that representatives from your company SHALL NOT contact any North Florida/South

Georgia Veterans Health System staff to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to John H. Shultzaberger, the Contracting Officer.

mailto:John.Shultzaberger@va.gov

QUOTE SUBMISSION: Quotes shall be sent by e‐mail “only” to the Contracting Officer (John H.

Shultzaberger) at John.Shultzaberger@va.gov. The Government intends to award a Firm Fixed

Priced (FFP) contract resulting from this RFQ.

36C24824Q0978

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24824Q0978

General Information

Contracting Office Address

Description

VENDOR QUESTIONS

ANSWERS TO VENDOR QUESTIONS

QUOTE SUBMISSION

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 IT CONTRACT SECURITY

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 70

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 72

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

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:

John H. Shultzaberger, Contracting Officer John.Shultzaberger@va.gov 352-214-5135 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

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

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as

VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive

Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data -

General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure

VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that

VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media

Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable

Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate

Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart

C, information and system security categorization level designations in accordance with FIPS

199 and FIPS 200 with implementation of all baseline security controls commensurate with the

FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA

Information Security Program). During the development cycle a Privacy Impact Assessment

(PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration

(FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default

"program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST

Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal

Information Systems, VA Handbook 6500, Information Security Program and VA Handbook

6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records

Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of

1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a

SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the

VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A

Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA

Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally

Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification

Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the

PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program

Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA

Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The

ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the

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

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident

(including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

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

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with

VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term

'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis.

Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised

(made accessible to and usable by unauthorized persons);

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

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and

Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least

3 relevant credit bureau reports;

(3) Data breach analysis;

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

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

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

8. SECURITY CONTROLS COMPLIANCE TESTING

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

VA in the event of a security incident or at any other time.

9. TRAINING

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

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

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

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

(4) Successfully complete any additional cyber security or privacy training, as required for

VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication

800-16, Information Technology Security Training Requirements.]

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

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

(End of Clause)

STATEMENT OF WORK

1. GENERAL:

STATEMENT OF WORK

1. GENERAL:

The Contractor shall provide all supplies, materials, equipment, labor, supervision, management, and transportation to perform Pest Control Services at multiple locations within the North Florida/South Georgia Veterans Health System (See Exhibit 1 and 2 for a list of all areas of the facilities requiring service). All work shall be performed in accordance with the \ guidelines established by Federal, State (www.epa.gov) and local ordinances and with the

Contractor's Procedures Manual and Quality Control Manual. These services shall be performed by certified, trained, and licensed pest control operators in any or all categories as required by the

State of Florida. The period of the contract will be one year (1) from date of award with options to extend services for four (4) one year option years.

2. SCHEDULING:

a. Normal Work Hours: Each day at 8:00am, One certified technician will report to the Gainesville location (room 105 in Trailer 5) and one certified technician will report to the Lake City location

(room AB20 in building 64). The on-site schedule for the technicians will be 5 days per week

Monday – Friday from 8:00 am and 4:30 pm, excluding observed holidays.

National Holidays: The Eleven holidays observed by the Federal Government are: New Year’s

Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence

Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

b. Pest management tasks shall be scheduled to be performed during normal daily working hours. However, the Contractor shall be on call for emergencies 24 hours per day, seven days per week and shall respond to the specified location within a minimum of 1 hour (for scheduled days/times), 2 hours for emergencies (outside of scheduled days/times), after receipt of notification.

c. In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then the entire work shall be rescheduled to a date and time satisfactory to the Contractor and the government. Postponement will not reflect any penalties assessed to the Contractor, nor should there be any additional cost to the Government.

3. STANDARDS:

http://www.epa.gov/

a. All Integrated Pest Management (IPM) tasks shall be accomplished to meet the guidelines as shown in National Pest Control Association's good practice statements. These should be available to the vendor from the National Pest Control Association.

b. All pest management applicators will be certified by the State of Florida in general household pests, rodents, and termites. All pest control operations must conform to all Federal, State, and local governing regulations pertaining to the performance of and the use of pest control chemicals and the labeled directions.

4. COVERAGE:

The Contractor shall provide complete IPM services for all buildings.

5. TASKS:

a. Onsite technician will provide their personal contact information to the

COR/Representative for daily assignments and daily pest calls once they report at the start of shift. Once a call is received from the COR/Representative the onsite technician shall report straight to the area.

b. Inspection to determine which pest management measures are appropriate and required.

c. Selection and utilization of non-chemical control methods which eliminate, excludes, or repel pests, such as traps and caulking.

d. Selection and use of the most environmentally sound pesticide(s) to effect control when chemical control methods are necessary.

e. Control of general structural pests, such as, cockroaches, ants, beetles, spiders, and bees.

f. Control of flying insect pests, such as all common flies and any miscellaneous flies that can cause a health risk.

g. Control of predatory pests, such as fleas, mites, ticks, wasps, bed bugs and scorpions;

however, this does NOT include treating lice or scabies.

h. Control of mice and rats.

i. Control of nuisance pest such as bats, domesticated animals, and reptiles.

j. Control of stored product pests, such as beetles, moths, and their various stages of life.

Evaluation of control measures through follow-up inspections.

k. Limited Warranty policy for periodic check and service, as necessary, for control of wood destroying organisms, such as subterranean termites; however, this does NOT include the treatment of Formosan termites.

l. Once a quarter Contractor will treat the 7 acres at the Malcom Randall Va Medical Center site and 3 acres at the Lake City VA Medical Center site for fire ant control.

m. Contractor shall be required to service and maintain all fly lights. This will include replacing all bulbs and fly paper.

n. When not conducting rounds at the Gainesville or Lake City Hospital locations, Contractor will perform scheduled visits to the offsite locations listed in exhibit 1.

o. Recommending environmental sanitation practices that restrict or eliminate food, water, or harborage for pests.

p. Will complete termite inspections at the Fisher House twice a year.

6. FREQUENCY OF VISITS:

a. Upon arrival for each daily visit to the Gainesville and Lake City Hospitals, the Contractor shall receive the pest control call log from the COR as mentioned in SCHEDULING and spot treat areas from which complaints have been received since the last previous visit.

b. The Contractor will be responsible for completing daily rounds at the Gainesville hospital and the Lake City hospital. The contractor shall annotate any findings and provide them to the COR.

c. The Contractor shall treat the main kitchen weekly after the hours of 3:30 p.m.

d. The Contractor shall treat the canteen kitchen weekly at 3:30 p.m. on a day to be mutually agreed upon.

f. All visits to the sites outside of the Gainesville main campus and the Lake City main campus shall be made at least once a week and visits shall be coordinated with the Contracting Officer's

Representative (COR).

g. The Contractor shall inspect and treat, if necessary, the OR at the Gainesville and Lake City locations once a week, between 5:00am – 7:00am or 4:30pm - 7:00 p.m. and at the request of the

COR.

7. SPECIAL PROVISIONS:

The following provisions shall be adhered to by the Contractor personnel in performing pesticide applications of the areas specified below:

a. Food Handling Areas: Treatment of these areas is limited to only times when food is not being held, processed, prepared, served.

b. Patient Occupied Areas: Contractor personnel shall utilize pesticides with as low a volatility and as odor free as possible, to keep, odor levels from affecting patients in these areas.

c. Critical Areas: The Contractor shall submit a list of pesticides for intended use in areas listed below for approval by the Chief, Environmental Management Service prior to any application. The planned use of pesticides in these areas requires recognition of the attendant hazards to occupants' supplies, equipment, and surfaces. Documentation such as the Safety Data Sheet is to be provided for any pesticide that is intended to be utilized. No substitution can be made at any time without approval from the Chief, Environmental Management Service.

d. Critical Areas

• Pharmacy

• Medical Instrumentation and Supply Service (MI&SS)

• Life Support (Operating Room, Intensive & Respiratory Care Units)

• Flammable and Medical Gas

• Sterile Processing Service

e. When space treatment is required in these areas, the Ultra Low Volume (ULV) method of pesticide application shall be utilized with approved equipment capable of delivering a particle size range of .5 to 15 microns.

8. INTERFACE TO NORMAL FUNCTION:

Contractor personnel may have their work interrupted so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems and passage of facility patients, personnel, equipment, and carts.

9. SAFETY FACTORS:

All rodenticides or traps shall be placed only at times and in the areas approved by the COR or his/her designee. Rodenticides, and/or traps shall be replaced as necessary and per manufacturer recommendations. No pest control material or trap shall be placed where it may be recovered by patients, nor shall such material be allowed to contact food or cooking utensils.

10. DISPOSAL OF HAZARDOUS WASTES:

The Contractor shall not dispose of any excess pesticide containers, or any other materials contaminated by pesticides at any location on the medical facility premises except as specified by the COR.

11. STORAGE OF PEST CONTROL MATERIALS:

No pest control materials or equipment shall be stored or kept at the Veterans Affairs Installation when the operator is not working, without express approval of the COR.

12. HOURS OF OPERATION:

Normal business hours, at the VA facility are 8:00 a.m. to 4:30 p.m., Monday through Friday, including

Federal Holidays. However, the Contractor shall perform some tasks after normal duty hours as required to mitigate chemical exposure to employees and veterans alike. Tasks performed after normal duty hours will be coordinated between the Contractor and the COR.

13. CALL-BACK REQUIREMENT:

a. Routine: The Contractor shall within 4 hours after receipt of notification by the Contracting Officer or his representative, and at no additional charge to the Government, retreat previously treated areas when inadequate control (as per specifications) was obtained.

b. Emergency: The Contractor shall within 2 hours after receipt of notification by the Contracting Officer or his representative, perform IPM Services to correct the emergent condition.

14. PERSONNEL QUALIFICATIONS AND REQUIREMENTS:

NOTE: Certification shall maintain a current Certificate of Competency in pest management in all categories as identified by the State of Florida.

a. The Contractor shall provide a detailed list (at time of submission of quote) of all certified professional staff, to be utilized in the performance of this contract, including copies of state certifications and categories of training.

b. The pest controllers onsite completing the work should be certified operators.

c. Non-certified employees may assist the supervisor in performance of the work if they are in immediate contact with and visible to the supervisor. The supervisor will assume all responsibility for their work.

d. The Contractor shall comply with applicable federal, state, and local regulations and guidelines and licensing of pest control operators, performance of pest control and use of approved pest control chemicals and equipment set forth by the EPA and National Pest Control

Association. It is the contractor's responsibility to keep abreast and comply with changes in these regulations and codes applicable to the contract so that compliance with all current regulations and codes is maintained.

e. All the contractor's personnel assigned to performance of this contract shall be clearly distinguishable from VA employees and must have visible on their uniforms, the name of the company and employee's name so they are always easily recognizable.

15. REQUIRED CONTRACTOR REPORTING:

a. After each service (scheduled or non-scheduled) contractor personnel will submit documentation including but not limited to:

1. The name and address of the individual who applied the pesticide.

2. The location, by building and room number where each pesticide was applied.

3. The pest or pests against which the pesticide was applied.

4. The date and time of application.

5. The brand name of the pesticide applied.

6. The name of the pesticide manufacturer, or the federal environmental protection agency registration number of the pesticide.

7. The rate of application or amount of the pesticide applied, and the total area treated.

b. Contractor personnel will complete and submit to the Chief, Environmental Management Service the medical facility provided Integrated Pest Management Operations Report. (See attached

Integrated Pest Management Plan). All IPM Services performed during the work shift will be documented.

c. Contractor is responsible for supplying, completing, and submitting all reports required or requested by Federal, State, or local ordinances which pertain to any duties contained in the contract.

d. The Contractor will be required to furnish the Veterans Affairs, prior to initial application of

Pesticides, Safety Data Sheets with the trade names (if any) and chemical names of the chemical as applied and the antidote thereto. Contractor will furnish the same information each time chemicals or products used in the performance of this contract are changed. This information is required by the Medical Service for emergency treatment in the event of ingestion of and/or contact with the material by humans.

16. CONTRACTOR PERSONNEL BADGES AND PARKING:

a. The contractor shall provide the COR with a list of contractor employees expected to enter the buildings to pick up confidential documents. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

b. A PIV2 badge will be given to the contractor’s employee once the contract is awarded. The contractor employee must safeguard the badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel must properly display their badges.

Badges must be worn at or above the waist (facing forward.). The contractor’s employees must return the badge(s) to the COR at the end of the contract or employment.

c. The contractor shall be required to comply with all security policies/requirements of North

Florida/South Georgia VA Medical Centers. All security policies/requirements must be met, and…