S02 36C25725Q0881.pdf

Sources Sought Notice

*= Required Field Sources Sought Notice

SUBJECT* Sources Sought Notice Moving and Storage Services

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 78240

SOLICITATION NUMBER* 36C25725Q0881

RESPONSE DATE/TIME/ZONE 10-07-2025 1:00pm CENTRAL TIME, CHICAGO, USA

ARCHIVE 15 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* 3590

NAICS CODE* 493110

CONTRACTING OFFICE ADDRESS Department Of Veterans Affairs

Network Contracting Office 17

5441 Babcock Road Ste. 302

San Antonio TX 78240

POINT OF CONTACT*

Contract Specialist

Melanie Williams melanie.williams5@va.gov

210-694-6378

PLACE OF PERFORMANCE

ADDRESS Dallas VA Medical Center

4500 S. Lancaster Rd.

Dallas TX

POSTAL CODE 75216

COUNTRY USA

DESCRIPTION

VANTHCS MOVING AND STORAGE SERVICES

1. DESCRIPTION OF SERVICES

1.1 Scope. The Veterans Health Administration’s North Texas Healthcare System

(VANTXHCS)

is requesting temporary storage, transportation, assembly, the design/layout, and disassembly for current inventory as well as anticipated equipment orders yet to arrive. The relocation of existing furnishing and personal property within workstations, the repair or servicing of existing furnishings, and the public display of surplus furnishings being disposed through a Federal Lot Sale. Furnishings may include systems furniture such as the products provided by the firms Herman Miller, Knoll, Haworth, Westin House, All Steel, and others, as well as other components of a workstation in both an office and/or medical environment. This requirement does not include Information Technology equipment but does include the data lines that are part of the system furniture assembly. The Contractor shall furnish all contract oversight, management and technical advice; supervisory and technically trained personnel; uniforms;

equipment, materials, and supplies necessary to provide equipment moving, relocation and temporary storage services.

1.1.1. The services are required at the following locations:

Dallas VA Medical Center; 1,759,984 Sq. Ft.

4500 S. Lancaster Rd.

Dallas, TX

The Bridge Homeless Recover Center; 10,000 Sq. Ft.

1818 Corsicana St.

Dallas, TX

Dallas VA Inspector General Office; 10,000 Sq. Ft.

4500 S. Lancaster Rd.

Dallas, TX

Fort Worth Outpatient Clinic; 178,000 Sq. Ft 2201 Southeast Loop 820 Fort Worth, TX

Veterans Integrated Service Network (VISN) Headquarters; 23,864 Sq. Ft.

2301 E. Lamar Blvd., Suite 650 Arlington, TX

Fort Worth Vet Center; 10 ,000 Sq. Ft.

6620 Hawks Creek Avenue Westworth Village, TX

Fort Worth Community Resource & Referral Center and the Homeless Veterans Center;

19,950 Sq. Ft.

101 New York Avenue Fort Worth, TX

Dallas Vet Center; 10,000 Sq. Ft.

8610 Greenville Ave., Suite 125 Dallas, TX

TR Houses- 10,000 Sq. Ft.;

2435 Plaza Blvd Dallas, TX 75241

2423 Cliff Teen Court Dallas, TX 75233

2710 W. Jefferson Dallas, TX 75211

1817 Pleasant Dr.

Dallas, TX 75217

Tyler VA Primary Care Clinic; 12,096 Sq. Ft.;

7916 S. Broadway Ave.

Tyler, TX 75703

New Tyler Outpatient Clinic; 51,834Sq. Ft.

428 Centennial Parkway Tyler, TX 75403

Lancaster Consolidated Mail Outpatient Pharmacy (CMPP); 83,707 Sq. Ft.

2962 S. Longhorn Drive Lancaster, TX

Lancaster Lease – 8,215 Sq. Ft.

4315 S. Lancaster Dallas, TX

Herzog Veterans Resource Center; 10,000 Sq. Ft.

Located on the Dallas VA Medical Center Campus 4900 S. Lancaster Rd.

Dallas, TX

Polk Street VA Clinic; 10,000 Sq. Ft.

4243 South Polk Street Dallas, TX

Grand Prairie VA Clinic; 29,340 Sq. Ft.

2737 Sherman Street Grand Prairie, TX

Garland CBOC 501,930 Sq. Ft.

2300 Marie Curie Boulevard Garland, TX

Decatur VA Clinic 408 Park West Court Decatur, TX 76234

Denton VA Clinic 2322 Jacinto Blvd.

Denton, TX 76205

Granbury VA Clinic 1210 Paluxy Medical Circle Granbury, TX 76048

Grand Prairie VA Clinic 2737 Sherman Street Grand Prairie, TX 75051

Greenville VA Clinic 8325 Jack Finney Blvd.

Greenville, TX 75401

Plano VA Clinic 3804 W. 15th St.

Plano, TX 75075

Sherman VA Clinic 1715 Texoma Parkway Sherman, TX 75090

1.1.2. Period of Performance.

Base Year: 12/30/2025 – 12/29/2026 Option Year 1: 12/30/2026 – 12/29/2027 Option Year 2: 12/30/2027 – 12/28/2028 Option Year 3: 12/30/2028 – 12/28/2029 Option Year 4: 12/30/2029 – 12/29/2030

1.1.3. The contractor shall ensure that all services, parts and Original Equipment Manufacturer (OEM) components furnished under this Contract strictly comply with the terms and conditions set forth herein, conform to the applicable manufacturer’s equipment specifications, and fully satisfy the requirements of this Performance Work Statement.

1.1.4. The contractor shall provide these services only by an electronic work order placed for each task requested. The contractor shall provide internet browser-based work order management system, such as IQ from IQ Group of Companies, Inc., or comparable Software Program. The Software Program shall be presented to designate Interior Design Team, providing an Opportunity for ID to review / approve Program. VA will provide a list of staff members who are authorized to request services under this contract for Engineering Service as well as Supply Chain Management (SCM). VA will provide both Point of Contact (POC) and Contracting Officer Representative’s (COR) name and phone numbers to the contractor after award.

1.2. Requested Services

1.2.1. The contractor shall provide proper storage for existing not-in-use furnishings. The climate control in the storage facility shall be adequate for the items being stored. The warehouse shall be clean, organized, pest controlled, and furnishings properly covered to preserve coloring and antimicrobial on furniture. A total of 100,000 square feet of storage shall be required to accommodate the furnishings in accordance with the order.

1.2.2. The contractor shall be provided with one-week lead time notification of the required move date. This lead time shall be used to review site/material and provide VANTXHCS with move plan and cost estimate.

1.2.2.1. The contractor shall designate an on-site working supervisor. An on-site supervisor shall have a cell phone or other means of communication. The working supervisor shall coordinate each moving service activity with the COR and provide technical advice on how to accomplish the mission with as little disruption to hospital services as possible. The working supervisor shall be responsible for directing the activity of crew members.

1.2.2.2. The contractor shall receive, notify VA, and update the Government Property Record for all items (both new and existing) ordered by VA to be delivered to the Contractor's storage facility. The contractor shall conduct an on-site assessment of the equipment to be moved, verify equipment counts and verify the type and location (origin/destination) of said equipment. If a better methodology for moving or covering the equipment is available to meet the hospital’s needs, those shall be discussed with the move team (led by the SCM Representative).

1.2.2.3. The contractor shall provide, update, and maintain the Government Property Record or each item that is received and stored. The contractor shall provide a complete manifest of items that are being transported from one facility to another. The contractor is not required to provide a manifest for items being relocated within the same location (For example a move from the Dallas VA Medical Center, 4th Floor, Building 1 to the Dallas VA Medical Center, Building 2, 3rd Floor.

1.2.2.4. The contractor shall store government property within a normal forty-five (45) minute commute of the VA main campus at 4500 S. Lancaster, Dallas, Texas. The storage facility shall have adequate climate-controlled temperature and shall be kept between 68 - 74 degrees in all seasons to protect the furnishing from damage. Damage includes the separation of adhesively bonded surfaces, fading, water stains, dirt/dust, cracking or any other damage that occurs from variances in temperature, exposure, and humidity. All items shall be stored according to the specs.

1.2.2.5. The contractor shall provide a standard crew consisting of sufficient and qualified personnel to ensure a swift move to comply with the facility’s requirements within a predetermined and agreed upon time frame. The contractor shall provide a crew sufficient to perform tasks every Monday through Saturday (7:00am – 7:00pm).

1.2.2.6. The contractor shall provide sufficient personnel/crews based on workload as required to accomplish assigned tasks and shall communicate these numbers to the COR five (5) days prior to the scheduled move date. Requests by the contractor for additional personnel/crews shall be made a minimum of three (3) calendar days in advance of the moving service determining the workforce for move.

1.2.2.7. The contactor shall ensure all crew members are in proper uniform throughout their tour of duty. Supervisors and crew members who are not in proper uniform shall not work at any VA facility. Part of the proper uniform is a hospital ID badge.

1.2.2.8. The contractor shall immediately notify the COR of any discrepancies between orders and deliveries, between the government property record and any inventory, any product failures or damages, and any other information regarding the safeguarding of government property.

1.2.2.9. The contractor shall allow the COR unlimited access to Government Property in the Contractor's possession. The COR reserves the right to remove items from the inventory that are stored by the contractor as long as VA properly notifies the contractor of the items to be removed so that the Government Property Record remains accurate. The contractor shall perform complete physical inventory of the Government property in its possession on April 1st, and October 1st of each contract year. The results of these inventories are due the 15th day of the same month that the inventory is completed and an electronic copy shall be sent to the COR.

1.2.3. The Contractor shall be available to deliver-out or install items after hours if needed as approved by the COR

1.2.4. The Contractor shall comply and follow Government rules and regulations for disposal of government property. The COR will provide necessary training and guidance for procedures.

1.2.5. Any new item will be inspected and received by the COR before custody is given to the carrier and any deliveries from the carrier warehouse to a VA facility will be inspected and signed for by the COR personnel upon arrival.

1.3 Moving Services Activities.

1.3.1. Moving activities include, but are not limited to, moving miscellaneous free-standing furniture items; equipment; supplies; filing cabinets of various types and sizes; delivering and picking up empty moving boxes; and disposal of designated items such as removal of trash from work sites and excess furniture. Moving activities could be both on-site and off-site.

• The process for moving activities could include, but not be limited to:

• Padding, packing, and/or crate as required for safe transport.

• Loading and transporting to the new location.

• Unloading and placement of the property as directed by the COR or as shown on the Government-furnished concept plan, which may be in EXCEL format.

• Removal of packing and crate materials and cleanup of moving activity area as directed by the COR.

• Any other service which would normally be included in a complete moving activity such as floor protection, wall padding, and elevator padding.

1.3.1.2 The contractor shall in all cases do a pre-move survey to verify amounts, quantities, and types of materials to be moved so that there is no difference of opinion about the moving resources or moved equipment at a later date.

1.3.1.3 The COR will provide lists of the various floors to move and a detailed a list to the contractor for each move as is possible.

1.3.1.4 Storage location site visits will be required for approval by the COR.

1.3.1.5. Include three (3) level racks to store materials.

1.3.1.6 Installation of systems furniture is required

1.3.1.7 Contractor shall have a receiving station to accept shipments directly from suppliers.

1.3.2. Special Moving Activities. Special moving activities include, but are not limited to, moving larger furniture/equipment pieces and fragile medical equipment which may involve disassembly and reassembly at the interim and final locations. The COR will provide the qualifications necessary to move fragile medical equipment. The COR will provide technicians for disassembly and reassembly prior to moving where the contractor does not possess the necessary technical qualifications to perform the disassembly or assembly. This activity will be conducted by Supply Chain Management (SCM) to ensure that equipment has been properly dissembled prior to contractor coming on site. SCM will exclude fragile medical equipment from any move. SCM will be responsible for finding a more appropriate means of transportation for such equipment.

1.3.3. Special Handling Moving Activities. Special handling moving activities include, but are not limited to, moving hazardous materials, glassware, or items over a pre-determined size and weight or items which would require additional equipment or manpower accomplished by a firm-fixed-price cost. VANTXHCS personnel will be responsible for preparing hazardous materials for transport in accordance with OSHA and DoT regulations for weight and volume in accordance with OSHA and Federal Guidelines applicable to VA facilities.

1.3.3.1 The contractor shall ensure that crew members have technical training in assembly and disassembly of all commercial types of equipment and specialized equipment before performing such tasks.

1.3.3.2 The contractor shall ensure all moving service activities are performed in a safe manner.

1.3.3.3 The contractor shall be responsible for the protection of Government property.

1.3.3.4 The contractor shall be responsible for damage to property and insured to repair and/or replace damaged property. If an item is damaged and becomes unusable, the Contractor shall replace with a like item/make/model in coordination with the SCM Representative.

1.3.3.5 The contractor shall NOT be responsible to relocate IT equipment such as phones, printers, computers or monitors. This will be handled by on-site IT personnel. The contractor may have to reposition the items to access desks, tables, and other furniture. These moves would be onto or off the furniture in the immediate vicinity.

1.3.4. NEW HOSPITAL/CLINIC ACTIVATIONS

1.3.4.1. Equipment in the Warehouse: The Warehouse houses various equipment and supplies that shall require movement within or externally to the warehouse. This may include old Engineering equipment, hospital surgical or operational supplies and other items designated by the SCM Representative to ensure operations are not impeded.

1.3.4.2. SCMS: Equipment and supplies need to be relocated from existing areas into newly renovated spaces and locations. Additionally, equipment in renovated or vacated spaces may need to be moved to ancillary locations and/or excess (as determined by the SCM Rep).

1.4 DOCUMENTATION. Complete listing of all documentation and data required during the life of this contract follows:

• Government-furnished move plan shall be returned to the COR five days prior to project start.

• Daily sign-in/sign-out logs in Engineering Building and completed work requests with crew member names and hours worked recorded shall be submitted to the COR the following business days NLT 8:00 am.

• Names and job functions of each employee shall be provided to the COR at move start date. Personnel changes must be submitted to the COR in writing when changes occur.

1.5 GOVERNMENT INSPECTION/ACCEPTANCE OF ITEMS. The COR or designee will conduct a final walk through / inspection with the contractor to ensure that the designated area is returned acceptable conditions. The contractor shall correct deficiencies at no additional cost to the government.

1.6. GOVERNMENT-FURNISHED MATERIALS, EQUIPMENT AND SERVICES.

The Government will not furnish any materials, equipment, or services, with the exception of direction for the moves.

1.7. CONTRACTOR-FURNISHED MATERIALS, EQUIPMENT AND SERVICES.

1.7.1. Cellular telephone for the on-site supervisor.

1.7.2. Uniform shirts: Since the moving force may interact with hospital customers, they shall present a professional appearance.

1.7.3. Padding, packing and/or crating, dollies, hand trucks and any other type of equipment commonly used for moving services activities as required for the safe transportation of the property.

1.7.4. The contractor shall provide resources necessary to relocate oversized and heavy pieces of equipment.

1.7.5. The contractor shall also identify any additional tools, equipment, and/or manpower during the walk-through that will be necessary and supplied by the contractor.

1.8. AUTHORIZATIONS FOR REPAIR ACTIONS

1.8.1. Only the CO can authorize remedial maintenance (RM) repair actions and actions which require Contractor Acquired Property (CAP) purchase. The COR will coordinate any repair actions with the CO to obtain approval to proceed. The contractor shall ensure all repair actions have documented CO approval before initiating any repair or ordering parts. The Contractor shall demonstrate to the COR and the Government Technical POC/SME that the repairs have been completed.

1.8.2. Once the authorization for repair action has been received from the CO, the contractor shall order any required part(s) and notify the COR in writing of the estimated arrival date of the part(s). The COR will verify the receipt of the parts with the contractor to ensure the repair is performed timely.

1.9. Parts and Materials. The contractor shall provide and use only new parts and material in performance of this PWS unless otherwise authorized by the CO.

1.10. Increase or Decrease of Equipment. The contractor shall notify the COR of any RM action that is required during an equipment warranty period. The COR will notify the CO of this requirement and the renovation contract oversight organization to determine if an RM action can be performed without voiding the equipment warranty. Only the CO can authorize an RM action on equipment that is under warranty.

1.11. Quality Control Plan (QCP). The contractor shall have a QCP. The Contractor shall develop and implement procedures to identify, prevent and ensure nonrecurrence of defective services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the Service Summary.

1.12. Quality Assurance. The COR will participate in the administration of this contract. Any matter concerning a change to the scope, prices, terms or conditions of this contract shall be referred to the CO. All services to be performed by the Contractor during the period of this contract will be subject to review by the CO or COR.

1.12.1 Performance Assessment. The Contractor will be evaluated by the COR utilizing the Service Summary Performance tasks listed below:

SERVICE SUMMARY PERFORMANCE TASKS

PERFORMANCE

OBJECTIVE

ACCEPTABLE

QUALITY

LEVEL

METHOD OF

SURVEILLANCE

RATING

MET QAL

Task 1 Timeliness/Customer Service

Once contacted shall arrive 10 minutes before the required time to perform the task. Wear neat uniforms with company logo.

Professional behavior mindful of hospital setting.

Provide accurate and complete invoices within 15 days of completion.

Report lost, damaged or broken government property within 24 hours of the incident.

100% Compliance

Daily Observation Positive Past Performance

Task 2 Conditions of Government Property

Store Government Property in Clean, Pest- Controlled and Climate controlled environment.

100% Compliance

Daily Observation Positive Past Performance

Task 3 Secure government property on truck (with company logo and phone number) and comply with posted speed limit.

100% Compliance

Daily Observation Positive Past Performance

Task 4 Relocate workstation, perform repairs, pack and unpack items inside the workstation.

100% Compliance

Daily Observation Positive Past Performance

Task 5 Moving larger furniture/equipment pieces and fragile medical equipment which may involve disassembly and

100% Compliance

Daily Observation Positive Past Performance

PERFORMANCE

OBJECTIVE

ACCEPTABLE

QUALITY

LEVEL

METHOD OF

SURVEILLANCE

RATING

MET QAL

reassembly at the interim and final locations

Task 6 Minor Furniture repairs and assembly

100% Compliance

Daily Observation Positive Past Performance

1.13. Corrective Action Report (CAR)/Complaint Contractor Response Time. The contractor shall provide a written response within two (2) business days which addresses the root cause, corrective action and preventive action(s) in relation to the submitted CAR or Customer Complaint.

1.14. Hours of Operation. Normal operating days and hours for this requirement are Monday through Saturday, from 7:00 am to 7:00pm. These dates and hours exclude Federal Holidays, facility closures due to inclement weather and Furlough Days, as applicable. The contractor shall be available to perform services as required twenty-four (24) hours per day, seven (7) days per week including weekends, Federal holidays & Holidays observed by Executive Order. The Contractor shall include weekend, holiday, and overtime to account for this twenty-four (24) hour requirement. The Contractor shall be on site Federal Holidays and weekends as required by this PWS.

The Government observes the listed days as holidays. If the holiday falls on a Saturday, the Friday before is the holiday. If the holiday falls on a Sunday, the Monday after is the holiday:

New Year's Day January 1st Martin Luther King's Birthday Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11th Thanksgiving Day Fourth Thursday in November Christmas December 25th

In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

The observance of such days by Contractor personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation. In the event the Contractor’s personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked.

1.15. Contractor Personnel. The Contractor and Contractor personnel shall be required to identify themselves as Contractor personnel by introducing themselves or being introduced as Contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. The Contractor and Contractor personnel shall sign in at building 9 Engineering prior to commencing work.

1.15.1. The Contractor shall provide the COR with the names of the Contract Manager (CM) and any alternate(s) who shall act for the Contractor when the manager is absent, and they shall be designated in writing to the CO and COR within five (5) business days after contract award. The Contractor shall provide telephone numbers and email addresses of the CM and alternate(s) where these persons may be contacted at any time. The CM and any designated alternates shall be available by phone/pager to support mission contingencies twenty-four (24) hours per day, seven (7) days per week. The CM and any designated alternates shall have authority to provide necessary assets (i.e. information, personnel or equipment, etc.). The CM or alternate shall have full authority to act for the Contractor on all matters relating to operation of this contract at VHNTX. The CM or alternate shall be available to meet on the installation with Government personnel designated by the CO to discuss problem areas. The Contractor shall provide a CM who can read, write, speak and understand English fluently without the use of an interpreter.

1.16. Listing of Contractor Employees

1.16.1. The Contractor shall provide an initial listing of Contractor employees’ names and position titles to the COR within five (5) business days after contract award. The Contractor shall also provide an updated listing of personnel to the COR when employees affecting the work of this contract, status changes or position changes within five (5) business days.

1.16.2. The Contractor shall not employ persons on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security and/or general well-being or operational mission of the installation and its population. The Contractor shall not employ any person who is an employee of the United States (US) Government if the employment of the person would create a conflict of interest. All contract personnel depending on condition, occasion or place or job assignment shall require professional, suitable attire. All Contractor personnel shall conduct themselves in a professional, courteous manner. The selection, assignment, reassignment, transfer, supervision, management and control of Contractor personnel in performance of this PWS shall be the responsibility and prerogative of the Contractor; however, the Contractor shall comply with the requirements set forth in this PWS and VANTX regulations concerning conduct of employees as referenced herein. The Contractor shall employ and maintain a technically trained and experienced work force.

1.17. Housekeeping. The Contractor shall keep the work areas clean and neat IAW Industry Standards, OSHA, Fire and Safety Standards and this PWS.

1.18. Contractor Identification Badges. All badges shall be surrendered to Engineering at the end of business day. Contractor shall sign for badge daily and return badge and sign them back.

1.19. Health and Safety on Government Installations. While performing work under this contract on a Government installation, the Contractor shall comply with federal, state and local regulations. The Contractor shall notify the CO of any injuries that occur to Contractor personnel while they are on the installation. The Contractor shall notify the CO of damage to Government property or equipment during the execution of the contract.

1.20. Emergency Procedures. The Contractor’s personnel shall follow the direction of Government personnel in regard to emergency procedures, i.e. fire, tornado, active shooter, bomb threats, etc. The Contractor shall provide guidance and establish procedures for responding to an emergency for their employees. The Contractor shall be responsible to account for their employees following an emergency evacuation. The Contractor’s personnel shall participate with the Government personnel in all fire and tornado drills at no additional cost to the Government.

1.21. Contractor Phase-In and Phase-Out Plan. The following sections apply if the incumbent Contractor is not awarded the follow-on contract. If the incumbent contractor is the awardee, these sections will be deleted.

1.21.1. Contractor Phase-in Requirements. To ensure a smooth changeover from the current Contractor to a new Contractor, a thirty (30) calendar day phase-in period is required. The current Contractor shall cooperate with the incoming Contractor to ensure a smooth changeover is accomplished during the phase-in and phase-out periods. During the thirty (30) calendar day phase-in period, the new Contractor shall hire a workforce to assure satisfactory performance beginning on the contract start date. The Contractor, after coordination with COR, shall allow the successor Contractor to conduct on-site interviews with the current Contractor’s employees. The Contractor shall obtain security clearance(s) CAC or Contractor badge(s) for the newly hired employee(s) as applicable. The Contractor shall ensure all training requirements for the newly hired employee(s) are completed before the contract start date.

1.21.2. Contractor Phase-Out Requirements. During the phase-out period, the incumbent Contractor shall be responsible for all work performed under this PWS. The incumbent Contractor shall cooperate in order to permit an orderly changeover of workload. The incumbent Contractor shall allow the new Contractor and Government personnel access on a non-interference basis, to observe day-to-day operations and to become familiar with the work requirements and procedures.

1.21.3. Contractor shall request from the incumbent contractor, if applicable, copies of all Work Orders, procedures developed, and historic data developed and documented in the performance of this contract.

2.0 GENERAL SECURITY REQUIREMENTS. 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.

3.0 SECURITY INCIDENT INVESTIGATION.

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

Contracting Officer Representative 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.

3.2. 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.

3.3. With respect to unsecured protected health information and in the case of files being left in filing cabinets, 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.

3.4. In instances of theft or break-in or other criminal activity, the contractor/subcontractor shall 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.

4.0 SECURITY CONTROLS COMPLIANCE TESTING. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract.

With 10 working-days’ notice, at the request of the government, the contractor shall 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.

(END OF PERFORMANCE WORK STATEMENT)