S02 Intent to Sole Source Notice.pdf

Special Notice

*= Required Field Special Notice

SUBJECT* BioGenerator System and Maintenance

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 30329

SOLICITATION NUMBER* 36C24724Q0518

RESPONSE DATE/TIME/ZONE 04-03-2024 12PM EASTERN TIME, NEW YORK,

USA

ARCHIVE 5 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

PRODUCT SERVICE CODE* J068

NAICS CODE* 322291

CONTRACTING OFFICE ADDRESS DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

Network Contracting Office (NCO) 7

2957 CLAIRMONT ROAD NE, Suite 1200

Atlanta GA 30329

POINT OF CONTACT*

Contract Specialist

Jessica Cummings

Jessica.Cummings3@va.gov

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

The Department of Veterans Affairs, Network Contracting Office 7, hereby provides notice of its intent to award a sole-source, firm fixed, contract to Shelby Distributions Inc., 29 Butterfield Trail Blvd., El Paso, TX 79906 against schedule GSA contract 47QSEA20D000W. Bio Generator System Preventative Maintenance procured for the Department of Veterans Affairs Charlie Norwood Medical Center, 1 Freedom Way, Augusta, GA 30904.

The contract is expected to be awarded under FAR 8.405-6(a)(1)(i)(B), "Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialize." The contract will be a firm fixed price contract with the NAICS Code of 322291. A Limited Sources Justification has been prepared.

The contract will include a base year with the possibility of four (4) additional option periods for a total of three (5) years.

This notice of intent is not a request for competitive proposals. It is not a solicitation or request for offers. No solicitation package is available. A determination not to compete is solely within the discretion of the Government. Any response to this notice must show clear and convincing evidence that competition would be advantageous to the Government. Responses must be received no later than 12:00 pm EST on Wednesday, April 3, 2024. No telephone inquiries or emails with questions will be accepted. Responses may be emailed to Jessica.Cummings3@va.gov.

mailto:Jessica.Cummings3@va.gov

STATEMENT OF WORK

Charlie Norwood VA Medical Center (CNVAMC)

Augusta, Georgia

Bio generator System Maintenance

A. GENERAL INFORMATION

1. Purpose: To lease and perform preventive maintenance and upgrades to the four (4) bio generator systems, model 8377, located at the Charlie Norwood VA Medical Center (CNVAMC). The Uptown Division is located at 1 Freedom Way, Augusta, GA 30904 to the Charlie Norwood VA Medical Center Augusta, GA, Downtown Division at 950 15th Street.

2. Scope of Work: Contractor will provide all necessary labor, transportation, materials, tools, supplies, supervision, incidental engineering equipment and management necessary to perform preventive maintenance on the bio generator units at the Uptown and Downtown locations.

3. Performance Period: The performance period will be one base year with four 1-year options to renew.

Base Year 1 November 2024 – 31 October 2025 1st Option Period 1 November 2025 – 31 October 2026 2nd Option Period 1 November 2026 – 31 October 2027 3rd Option Period 1 November 2027 – 31 October 2028 4th Option Period 1 November 2028 – 31 October 2029

4. Hours of Service: Work is to be done between the hours of 8:00a.m. and 4:00p.m., Monday through Friday, excluding holidays.

Federal Holidays

New Year’s Day January 1st

Martin Luther King’s Birthday 3rd Monday in January

President’s Day 3rd Monday in February

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veteran’s Day November 11th

Thanksgiving Day Last Thursday in November

Christmas Day December 25th

B. GENERAL REQUIREMENTS

1. Contractor (or Representative) shall sign-in upon arrival at the Facility Management Office, building 801, Room 1B173, Downtown Division, and Building 110, Room GA135, Uptown Division, at the beginning of each visit. After completion of the service work, the contractor shall report back to the Facility Management Office and provide a copy of the service ticket.

2. Contractor is responsible for providing the bio generator units, for lease, and provide full maintenance service, to include any emergency on-site repair. Contractor will also re-supply and inspect the bio generator systems every forty-five (45) days. Bio generator systems can be found at the following locations:

Downtown Division:

One (1) each, Bldg. 801/Room 1A109

One (1) each, Bldg. 801/Room 1B141

UPTOWN DIVISION:

One (1) each, Bldg. 82 Equipment Room

One (1) each, Bldg. 110/Room 1A185

The bio generator units will remain the property of the Contractor throughout the term of the contract. Any tampering, damage, loss or theft by VA employees will not be the responsibility of the contractor.

C. VA INFORMATION SYSTEM SECURITY/PRIVACY CLAUSE

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A-

INFORMATION SECURITY AND PRIVACY CHECKLIST:

• “The C&A requirements do not apply and a Security Accreditation Package is not required.”

• Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

• There may exist exposure to VA sensitive information, in particular to sensitive personal information (SPI) while implementing contractual services

Minimum Statutory Requirements

Prohibition on unauthorized disclosure: 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). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification: Upon discovery 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, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a

Requirement to pay liquidated damages in the event of a data breach: 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.

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.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

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

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

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

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

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

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

(3) Data breach analysis;

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

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

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d)

INVOICES: Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), and submitted electronically through OB-10.

A properly prepared invoice will contain:

o Invoice Number and Date o Contractor’s Name and Address o Accurate Purchase Order Number o Supply or Service provided o Total amount due

STATEMENT OF WORK