Solicitation - Ice Machine Cleaning and Sanitizing 36C26126Q0267.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26126Q0267 01-06-2026

Lacy Morgan : Lacy.Morgan@va.gov 559-225-6100 X3072 01-23-2026

12:00PM PST

Department of Veterans Affairs Network Contracting Office (NCO) 21

X 100

X

811310

$12.5 Million

N/A

VA Central California Health Care System 2615 E. Clinton Ave

Fresno CA 93703

FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

This is a Request for Quotation (RFQ) for Ice Machine Cleaning and Sanitizing Services for Veterans Affairs Central California Health Care System (VACCHCS) in accordance with the Statement of Work contained herein.

Period of Performance: 04/01/2026 - 03/31/2031 Base Year: 04/01/2026 - 03/31/2027 Option Year 1: 04/01/2027 - 03/31/2028 Option Year 2: 04/01/2028 - 03/31/2029 Option Year 3: 04/01/2029 - 03/31/2030 Option Year 4: 04/01/2030 - 03/31/2031

SDVOSB certification will be verified via SBA's VetCert (https://veterans.certify.sba.gov/) at time that quotes are received and, for the apparent awardee, prior to award.

All quotes include submission of completed and signed VAAR clause 852.219-75. Quotes submitted without inclusion of the completed and signed VAAR 852.219-75 will not be considered for award.

See CONTINUATION Page

X 1

Lacy Morgan Contracting Officer

36C26126Q0267

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 SCOPE OF WORK - SOW

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 32

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 48

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023) (DEVIATION OCT 2025)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(DEVIATION NOV 2025)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (DEVIATION OCT 2025)

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: Contracting Officer 36C261

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 in arrears

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 PRICE/COST SCHEDULE

ITEM INFORMATION

Description of Supplies/Services

Quantity Unit Unit Price Amount

Option Year: Base 4/01/2026-3/31/2027

0001: Vendor is to perform monthly ice machine cleaning and sanitizing in accordance with manufacturer's instructions and SOW.

12 Month $________ $_____________

*0002: Emergency Maintenance

*Each / Incident (NTE $15,000 Per

Year)

Job $________

Option Year: 1 4/01/2027-3/31/2028

1001: Vendor is to perform and sanitizing in accordance with manufacturer's instructions and SOW.

12 Month $________ $_____________

*1002: Emergency Maintenance

*Each / Incident (NTE $15,000 Per

Year)

Job $________

Option Year: 2 4/01/2028-3/31/2029

2001: Vendor is to perform and sanitizing in accordance with manufacturer's instructions and SOW.

12 Month $________ $_____________

*2002: Emergency Maintenance

*Each / Incident (NTE $15,000 Per

Year)

Job $________

Option Year: 3 4/01/2029-3/31/2030

3001: Vendor is to perform and sanitizing in accordance with manufacturer's instructions and SOW.

12 Month $________ $_____________

*3002: Emergency Maintenance

*Each / Incident (NTE $15,000 Per

Year)

Job $________

Option Year: 4 4/01/2030-3/31/2031

4001: Vendor is to perform and sanitizing in accordance

12 Month $________ $_____________ with manufacturer's instructions and SOW.

*4002: Emergency Maintenance

*Each / Incident (NTE $15,000 Per

Year)

Job $________

Total Contract

*For line item “Emergency Maintenance” please provide pricing that would be used per incident. The amount for this line-item will not exceed $15,000 annually.

B.3 SCOPE OF WORK - SOW

ICE MACHINE CLEANING AND SANITIZING

1. GENERAL

1.1.The contractor shall provide all tools, chemicals, expertise, equipment, cleaning supplies, labor and transportation required to perform quarterly cleaning and sanitizing of 19 ice machines. The covered ice machines consist primarily of units manufactured by Folett and Hoshizaki. Please refer to Table A for a complete list of manufacturers, models, and locations.

1.2.In most cases, cleaning and sanitizing will consist of performance of the manufacturers’ yearly, six month and monthly cleaning procedures. The intent of this contract is to assure each ice machine regardless of location or use status is thoroughly cleaned and sanitized on a quarterly basis. This includes ice machines that are classified as “spare” machines or machines that have been out of service.

1.2.1. DO NOT USE Tap or ANY UNFILTERED WATER during

cleaning/sanitization process.

1.2.2. Cleaning/descaling and sanitizing procedure of supply lines between the filter and the ice machine to be included.

1.3.Contractor shall replace chutes, trays and similar plastic items that come into contact with ice and water when required or requested by the Contracting Officers Representative (COR).

1.4.Cleaning will be performed “in place”, work performed in place shall not interfere with the operation of the area in which the ice machine is located.

1.5.The Contractor shall clean/sanitize chutes and spigots monthly (every 30 calendar days) with no less than 25 calendar days and no more than 35 calendar days between cleaning of chutes and water spigots.

1.6.Cleaning/Sanitization will occur quarterly (every 90 calendar days) with no less than 80 calendar days and no more than 100 calendar days between cleanings on each machine.

1.6.1. Quarterly service visit to include all manufacturer’s recommended monthly and semi-annual maintenance tasks.

1.7.The Contractor shall replace water filters semi-annually (every 180 calendar days) with no less than 170 calendar days and no more than 190 calendar days between replacement on each machine. Contractor shall write date of install on canister in a location on canister that can be easily verified during inspection. Contractor will provide these items at contractor’s expense. Please refer to Table B for a complete list of filter manufacturer, model, and locations. *All filters must be handled with gloves.

1.8.The Contractor will provide annual preventive maintenance on ice machines following manufacturers’ guidelines. Annual preventive maintenance shall be every 365 calendar days with no less than 340 calendar days and no more than 380 calendar days between annual preventive maintenance.

1.9.Contractor shall perform work between the hours of 7:00AM and 4:30PM, Monday through Friday; excluding machines in the Starbucks, Canteen, and Infusion Clinic locations (these machines shall be serviced after 2:00PM). Ice machine cleaning shall not be scheduled to occur on Federal Holidays or weekends without prior written authorization from the Government.

1.10.Contractor shall report any negative findings while cleaning the ice machines to the Government immediately upon discovery.

1.11.If an ice machine is discovered to be non-operable during the service, then the non-operable machine will be replaced with a Government-owned “spare” machine and taken out of service until repairs have been made. The contractor will provide maintenance and/or replacement of components of the ice machine to bring back to working condition within five business days. Once ice machine has been repaired it shall be placed back in the original location, cleaning/sanitizing shall be performed before placing back in service. “Spare” ice machine shall be returned to the stored location and be wrapped in clear shrink wrap, palletized and labeled with the following information: maintenance number, manufacturer and model number.

1.11.1. Non repairable ice machines: If contractor can provide verifiable evidence that cost of repair will exceed cost of replacement then unit shall be deemed as non-repairable. If a machine is found to be non-repairable it will be returned to the facility fully assembled within five business days of notification of repair status. Non-repairable ice machines will be conspicuously marked NON-OP.

1.11.2. If a “spare” machine is not available, then the contractor will provide a “loaner” machine until the original machine has been placed back in service. Loaner machines shall be of similar size and style to the original machine.

1.12.During regular business hours the contractor’s personnel must notify one of the following persons upon arrival on station: (Listed in order of preferred contact)

• COR

• HVAC Shop Personnel

• Supervisor, Operations Section

• Chief, Maintenance and Repair Section

• Boiler Plant Operator

• Police Service

1.13.Upon completion of cleaning/sanitizing work, the contractor will notify the COR or approved facility representative that the service has been completed. The COR or a COR approved facility representative will inspect the ice machine. While inspection is being performed, the contractor may be asked to remove covers or similar items to aid in inspection.

1.14.The cost of damage of any water leak or other facility damage caused by improper removal or reinstallation before or after cleaning, will be the responsibility of the contractor. The contractor in most cases will be asked to return to the work site and make corrections themselves.

1.15.Ice machines shall be returned to service by close of business (4:30 PM) on the same day they are removed from service for cleaning. If additional cleaning time is required to complete the cleaning, the contractor shall obtain authorization from the

COR.

1.16.Contractor will provide a legible service report at the completion of each ice machine cleaning. The service report may be signed only by the COR, a tradesman from the air conditioning / refrigeration shop, an Engineering Supervisor or the Utility Systems Operator on duty. The service report will indicate the condition of the ice machine upon arrival, any unusual findings, concerns / recommendations, the date and time work started, and date and time the work was completed.

1.17.A sticker will be placed on each ice machine after cleaning indicating the service (cleaning/sanitizing), the date the service was performed, and the contractor’s information (name and telephone number).

1.18.Occasionally ice machines may be removed from service, swapped with a different ice machine or relocated due to facility requirements by the government. The relocation of the devices covered under this contract does not preclude Contractor’s responsibilities regarding cleaning of the device. The Government will supply the Contractor with an inventory list of machines and locations when changes occur.

2. EMERGENCY SERVICE: Contractor shall provide maintenance of ice machines between the normal quarterly cleaning and sanitizing of ice machines; this is to be known as “Emergency Maintenance”.

2.1. Contractor shall provide the government with a primary telephone number and alternate telephone number in order to notify contractor of Emergency Maintenance requests.

2.2.If an ice machine has tested for Legionella during Government's routine testing of facility water supply, then contractor will provide Legionella mitigation of machine at government’s request.

2.2.1. Legionella mitigation shall include cleaning and sanitizing to consist of performance of the manufacturers’ six month and monthly cleaning procedures, cleaning/sanitizing of water distribution lines and replacement of filters.

2.2.2. Upon notification of failed equipment, contractor shall have one business day to perform the legionella mitigation on the requested ice machine.

2.3.Contractor will provide the government with a unique tracking number (work order number, service ticket number, etc.) for each machine reported as in need of repair.

Contractor will also annotate the work order number generated by the government on all paperwork pertaining to the particular incident of repair which initiated the work order. For every maintenance check or trouble call reported the contractor shall provide a handwritten work order ticket. The ticket will provide the government point of contact, affected equipment, trouble status (if any), work actions completed to restore the equipment, list of parts and materials used, time for completion of equipment restoration, responsible technician(s), and current equipment status. This document will be signed by the COR and a hardcopy of the document will be left with the government for record keeping and accountability purposes.

2.4.If the government is required to request service via an electronic telephonic messaging system (i.e. answering machine, voice mail) the contractor will be required to initiate direct person to person contact with the government, either in person or return telephone call within one business day of the termination of the initial call.

2.5.Upon notification of failed equipment, contractor shall have one business day to replace non-operable ice machine with a “spare” machine. The contractor will provide maintenance and/or replacement of components of the ice machine to bring back to working condition within five business days. Once ice machine has been repaired it shall be placed back in the original location, cleaning/sanitizing shall be performed before placing back in service. “Spare” ice machine shall be returned to the stored location and be wrapped in clear shrink wrap, palletized and labeled with the following information: maintenance number, manufacturer and model number.

2.6. Allocation for all emergent and nonemergent maintenance of ice machines not to exceed the amount of $15,000 per year.

3. CONTRACTOR REQUIREMENTS

3.1. The contractor shall have a minimum of two (2) years within the last seven (7) of successful experience maintaining, cleaning, and repairing of ice machines with similar equipment and magnitude of inventory & distribution. Offerors shall submit references for experience to the contracting officer.

3.2.The Contractor shall provide a Contract Manager who shall be responsible for the performance of this contract work and all quality control. The name of the Contract Manager and an alternate point of authority shall be designated and submitted to the CO/COR prior to contract start of work. Changes to personnel shall be submitted to the Government within five (5) working days of the changes. The Contract manager or alternate shall have full authority to act on the contract matters relating to daily operation of the Contract. The Contract Manager or alternate shall be available to speak/meet with the CO/COR within 24 hours of request during normal operating hours and or within the next business day.

3.3. The selection, assignment, and management of Contractor’s employees is the responsibility of the Contractor. The Contractor shall not employ any individual identified as a potential threat to the health, safety, security, and general wellbeing, or operation of the VACCHCS facilities or personnel. The Contractor is fully responsible for performance and conduct of his/her employees and subcontracted employees. The Contractor shall not allow any employee to perform work under this Contract while under the influence of alcohol, drugs, or any other incapacitating agent.

3.4. The Contractor shall be a duly licensed and trained HVAC technician. All technicians submitted to work on VA property shall have copies of their license submitted to the COR prior to the day of work. In addition HVAC technician shall have a minimum of two (2) years within the last seven (7) of successful experience maintaining, cleaning, and repairing of ice machines.

3.5. The Contractor staff performing work on the VACCHCS sites identified in this SOW shall be Journeymen experience levels along with all other referenced training, certification, and experiences stated in this SOW.

3.6. Staff below journeyman experience shall be supervised by those identified in the submitted staffing list and all certifications shall be submitted.

3.7. Contractor and Subcontractor personnel working on VACCHCS facilities must consent to Background Checks or shall be denied access to the VACCHCS facilities.

Information required to conduct a Background Check includes: full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

3.8. Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

3.9. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and a VACCHCS issued ID badge. When an employee leaves the Contractor’s employment, or the Contract is terminated, the employee’s badge shall be returned to COR within 3 working days.

3.10. The Contractor shall provide the CO/COR with pertinent emergency telephone numbers to summon assistance in the event of an emergency. At least one of the emergency telephone numbers, and one alternate telephone number, shall be manned twenty-four (24) hours per day, 365 days per year. This information shall be provided in writing to the CO/COR.

TABLE A

Floor Location Room Numb er

Manufact urer Model Serial VA PM

Number

Basement Emergency Department

B1C27 -OP Folett 25CI425A-S K63404 4110-41297

Basement Basement Kitchen Kit-A- 1 Hoshizaki DCM752BAH-

OS P00345A 4110-57014

1st Floor Patriot Brew (Starbucks)

1A01

B-1 TRUE TCM-422-HA1-

A-T-3 10876402 4110-58478

1st Floor Patriot Café 1B20 D-1 Hoshizaki KMP410MAH H05991C 4110-40838

1st Floor Patriot Café 1B20 D-1 Hoshizaki KMP410MAH H05983C 4110-40837

1st Floor Patriot Café 1B20 D-1 Hoshizaki KM-660MAJ Q13974E 4110-59565

2nd Floor Infusion Clinic 2C06K -1 Folett 50C1425A-S L42393 4110-44002

3rd Floor PACU 3C17J .2-1 Folett 25CI425A-S K63304 4110-41295

5th Floor East Clean Supply 5A27-

1 Folett 25CI425A-S K62767 4110-41298

5th Floor East Locker Room 5A14-

1 Hoshizaki DCM270BAH-

OS D08092E 4110-33620

5th Floor West Nurse Station W5U8

-1 Folett 25CI425A-S R40338 4110-56427

5th Floor West Nurse Station

Nurse Statio n 2 - 1

Folett 25CI425A-S K63308 4110-41296

6th Floor Nurse Station 6A30- 1 Folett 25CI424A-S K62383 4110-41251

Bldg 34 Physical Therapy 108A- 34 Scotsman UN1520A-1A 2306132001

5400 4110-54247

CLC Nourishment Kitchen

1C01- 31 Folett 25CI45-S K62392 4110-41250

CLC Dining Room 1A10- 31 Folett 25CI425A-S H91160 4110-36909

CLC -

DogWood Dining Room

1B20 D-C-

Folett 50C1425A-S K45893 4110-40435

CLC - Elm Dining Room 1E3- 28 Scotsman HID312A-1 2410132001

07 4110-59583

Bldg 3 Carpenter Shop 20-3 Hoshizaki KML-325MAJ N00459E 4110-53423

TABLE B

Floor Location Room Number

FILTER 1 FILTER 2 FILTER 3

Basement Emergency Department B1C27-OP

Nephros DSU-H Nephros 70- 41065-E40 N/A

Basement Basement Kitchen Kit-A-1

Nephros DSU-H Nephros 70- 41065-E40

Everpure E- Series Prefilter

1st Floor Patriot Brew (Starbucks) 1A01B-1

Nephros DSU-H Nephros 70- 41065-E40 N/A

1st Floor Patriot Café 1B20D-1 N/A N/A N/A 1st Floor Patriot Café 1B20D-1 N/A N/A N/A

2nd Floor Infusion Clinic 2C06K-1 Nephros DSU-H

Nephros 70- 41065-E40 N/A

3rd Floor PACU 3C17J.2-1 Nephros DSU-H

Nephros 70- 41065-E40 N/A

5th Floor East Clean Supply 5A27-1 Nephros DSU-H

Nephros 70- 41065-E40 N/A

5th Floor East Locker Room 5A14-1 Nephros DSU-H

Nephros 70- 41065-E40 N/A

5th Floor West Nurse Station W5U8-1 Nephros DSU-H

Nephros 70- 41065-E40 N/A

5th Floor West Nurse Station Nurse Station 2 - 1 N/A

Nephros 70- 41065-E40 N/A

6th Floor Nurse Station 6A30-1 Nephros DSU-H

Nephros 70- 41065-E40 N/A

Bldg 34 Physical Therapy 108A-34 Nephros DSU-H

Nephros 70- 41065-E40 N/A

CLC Nourishment Kitchen 1C01-31

Nephros DSU-H Nephros 70- 41065-E40 N/A

CLC Dining Room 1A10-31 Nephros DSU-H Nephros 70- 41065-E40

Everpure E- Series Prefilter

CLC - DogWood Dining Room 1B20D-C-28 Nephros DSU-H

Nephros 70- 41065-E40

Everpure E- Series Prefilter

(End of Scope of Work)

B.4 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 7 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 5 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…