S02 RFI 36C24723Q0231 Fuel Mngt.pdf

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Attached to
Annual Fuel System License and Maintenance Federal contract opportunity
Solicitation number
36C24723Q0231
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 7

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This Request for Information, (RFI), is issued solely for information and planning purposes only and does not constitute a solicitation. All information received in response to this RFI that is marked as proprietary will be handled accordingly. In accordance with FAR

15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses associated with responding to this RFI.

Responses to this announcement will be used by the government to make appropriate acquisition decisions. A subsequent solicitation announcement may or may not follow.

Responses to this announcement will not be considered as an adequate response to any future announcement.

The VA Medical Center in Augusta, GA 30904 seeks the availability of potential sources/vendors for the following services.

The purpose of this document is to gain market knowledge of potential qualified sources and their size classification. All interested vendors are invited to provide information to contribute to this request for information including capability statements. Questions WILL NOT BE entertained now. All responses received will be evaluated to determine the most appropriate acquisition strategy. Should a formal solicitation be posted, interested offerors MUST submit a completed SF1449 solicitation document along with ALL information requested within the Basis of Award to be considered for contract award.

The Contractor shall provide labor, equipment, materials, and transportation necessary to provide Annual Fuel Serve.net License, Guaranteed Access Upgrade Plan, and Exacta w/card reader Maintenance.

This RFI is not a request for competitive quotes. However, the Government will consider all quotes received by email to benford.brundage@va.gov no later than 1:00pm EST on

Jan 3, 2023. Information must be emailed to A determination by the Government not to compete with the proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

System for Award Management (SAM): Rule requires a firm to be registered in the SAM

Registration Data Base (SAM), prior to award of any contract and agreements. Firms must register on an on-time basis, and annually confirm accuracy and completeness of registration information. To register in SAM, go to: https://www.sam.gov/portal/public/SAM/.

The scope of work is as follows:

Statement of Work

Fuel Usage Monitoring Services

PROJECT: Monitoring the fuel management system at two VA fuel islands. The fuel management system must include integration of bulk site fuel data using the Voyager fleet card processing system in order to bill back the GSA for fuel dispensed at the sites.

1. General section:

1.1 Provide a live database of vehicles in each site controller to accept the Voyager fleet card for billing and reporting to the GSA.

mailto:benford.brundage@va.gov

1.2 Download the GSA vehicle database from Voyager to the Vendor host server.

1.3 Provide the VA with a one-year subscription to the FuelServe site administration service provided by Vendor to poll the fueling sites daily and submit transactions to Voyager for monthly billing and settlement.

1.4 Download the GSA database to both site controllers thru DSL or cell Modems at each site provided by the VA.

1.5 Set up VA as a Voyager merchant so that Vendor can submit the fuel transactions issued from the bulk fueling sites to the Voyager Fleet Commander.

1.6 Provide a help desk hotline between the VA and Vendor.

1.7 Include helpdesk support as part of the FuelServe administrative service.

1.8 Provide additional annual Fuel Serve service, helpdesk support, and optional hardware maintenance contracts with the VA for follow-on years.

2. Hours of Operation

2.1 Business Hours

7:00am-3:30pm, Monday-Friday, excluding Federal 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

Juneteenth June 19

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

3. Performance Period: One base period with four additional option periods.

Base Period March 1, 2023 – February 29,2024

1st Option Period March 1, 2024 – February 28, 2025

2nd Option Period March 1, 2025 – February 28, 2026

3rd Option Period March 1, 2026 – February 28, 2027

4th Option Period March 1, 2027 – February 28 ,2028

2. REPORTING: For services performed during normal working hours, the contractor’s technician is to report to the Maintenance/Transportation Supervisor, to report/sign-in and obtain an identification badge, which shall be worn at all times while the technician is on station.

After work is completed, the contractor’s technician(s) are to submit in writing, a complete report of services performed for each item of equipment. The Transportation Supervisor, or his designee, must sign the service report before the technician(s) leave the facility.

3. PERFORMANCE:

Contractor shall follow safety precautions, including the use of personal protective equipment

(i.e., proper attire, masks, gloves, and eye protection). All tools shall be fully supervised by contractor technicians and fully secured when not in use.

4.HOURS OF WORK: Work is to be performed during normal duty hours, 7:00am – 3:30pm

Monday thru Friday and shall be completed in a timely manner.

5. Type of Contact: this is a (1) one year base with a (4) four-year option contact.

6. Government Responsibilities

6.1. The Government will provide a list of points of contact and authorized personnel to place requests for delivery and pick up.

6.2. The Government will designate a Contracting Officers Representative (COR) who will furnish technical guidance and advice or generally monitor the work to be performed under this contract.

7. Invoicing

7.1 Payment will be made monthly in arrears upon receipt of a properly prepared detailed invoice and validated by the COR. Invoices must be sent electronically through OB10 Payment

System in Austin, Texas.

7.1.1. A properly prepared invoice shall contain:

• Invoice Number and Date services were provided

• Contractor’s Name and Address

• Accurate Purchase Order Number

• Description of Supply or Service provided

• Total amount due

14. Quality Assurance Surveillance Plan (QASP) Matrix

REQUIRED

SERVICE

PERFORMANCE

STANDARD

MONITORING

METHOD

INCENTIVE/DISINCENTIVES

FOR MEETING OR NOT

MEETING THE

PERFORMANCE STANDARDS

To Monitor fuel usage and upload data to a web base site

No more than one

(1) incidents of failure to upload data

Random and daily inspections by VA designated staff person

Failure may affect performance rating

Monthly software maintenance with bulk fuel reporting and daily shift file

No more than one

(1) incidents of failure to upload data

Inspections by VA designated staff.

Provide tech support when needed

No more than one

(1) incidents to provide knowledgeable tech support in a timely manner

Inspections by VA designated staff

8. Transmitting data:

All fuel usage data will be transmitted via cellular service for each of our pump locations (2) two each.

Special Contract Requirements

GENERAL

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

VA personnel regarding information and information system security.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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.

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

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

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

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

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

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records

Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information

Management and its Handbook 6300.1 Records Management Procedures, applicable VA

Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

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

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

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

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under

Federal Acquisition Regulation (FAR) part 12.

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.

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

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

Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with

VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or

Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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.

Security Incident Investigation:

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.

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

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

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

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

Liquidated Damages for Data Breach:

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:

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

Description of the event, including:

Date of occurrence;

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

Number of individuals affected or potentially affected;

Names of individuals or groups affected or potentially affected;

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;

Amount of time the data has been out of VA control;

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

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

Assessment of the potential harm to the affected individuals;

Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy

Incidents, as appropriate; and

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:

Notification;

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

Data breach analysis;

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

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

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

SECURITY CONTROLS COMPLIANCE TESTING

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

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

Training:

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:

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;

Successfully complete the VA Privacy and Information Security and Rules of Behavior training and annually complete required security training;

Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

Successfully complete any additional information security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-

16, Information Technology Security Training Requirements.]

The contractor shall provide to the contracting officer and/or the 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.

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.

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