Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF DECEMBER 15, 2013 FBO #4404
DOCUMENT

99 -- Hazardous Waste Disposal-0570 - Attachment

Notice Date

12/13/2013
 

Notice Type

Attachment
 

NAICS

562111 — Solid Waste Collection
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 8 (NCO 8);8875 Hidden River Pkwy Suite 525;Tampa FL 33637
 

ZIP Code

33637
 

Solicitation Number

VA24814I0182
 

Response Due

12/31/2013
 

Archive Date

3/1/2014
 

Point of Contact

Keila President
 

E-Mail Address

keila.president@va.gov
(keila.president@va.gov)
 

Small Business Set-Aside

N/A
 

Description

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK PART I - Scope (Hazardous Waste Disposal Requirement) The Contractor shall furnish all administrative and technical labor, all equipment and all materials necessary to provide the following services: collection of waste from the Satellites Accumulation Areas (SAA) within the facilities, proper identification and storage of hazardous waste at the Main Accumulation Area (MAA); proper segregation, packaging, document generation, labeling, transportation, recycling and final disposal of hazardous, universal, universal pharmaceutical waste or otherwise nonhazardous waste currently accumulated at the James A. Haley Veterans' Hospital (JAHVAH) and Clinics. Contractor shall be an EPA permitted, Part B, Treatment, Storage, and Disposal Facility (TSDF). All persons performing work under this contract shall have completed the required training and certification levels in accordance with Federal, State and local laws and regulations. PART II - Locations/Period of Performance A. LOCATIONS 1. James A. Haley Veterans' Hospital 13000 Bruce B. Downs Blvd. Tampa, FL 33612 2. Pasco, Outpatient Clinic and associated clinics 9912 Little Road New Port Richey, FL 34654 3. Eye Clinic 10770 N 46th Street Tampa, FL 33617 4. Outpatient Pharmacy/Dermatology 12210 Bruce B. Downs Blvd Tampa, FL 33612 5. Primary Care Annex 13515 Lake Terrace Lane Tampa, FL 33637 6. Additional clinic/laboratory space as needed. B. PERIOD OF PERFORMANCE Base Year: April 1, 2014 to March 31, 2015 Option Year 1: April 1, 2015 to March 31, 2016 Option Year 2: April 1, 2016 to March 31, 2017 Option Year 3: April 1, 2017 to March 31, 2018 Option Year 4: April 1, 2018 to March 31, 2019 PART III - Work Requirements A.TECHNICAL: All hazardous wastes must be kept in an accumulation point, also known as a Satellite Accumulation Area (SAA), until a contractor is contacted for pick-up. The contractor must properly identify each waste, which may include the need to sample and analyze any or all generated waste for waste characterization and determination. Additionally, the contractor is required to properly segregate, identify, and store hazardous wastes in accumulation areas, as well as compliance with Federal, State and local requirements for accumulation areas. B.This contract shall cover all RCRA hazardous waste and non-hazardous waste as determined by JAHVAH. Normally, this includes waste generated by typical healthcare facility operations. Although a specific waste disposal pricing list will be generated by the Contractor, additional wastes may be required to be included at a later time, as needed by JAHVAH. An example of such waste streams may be the result of a new procedure, management practices, new equipment installed, expired chemicals, among others, at the JAHVAH facilities. Therefore, this contract shall encompass the management and disposal of a comprehensive spectrum of waste streams, as required by JAHVAH. It is anticipated that the waste streams may vary and change overtime. This contract shall accommodate for these changes. C.All waste shall be handled in accordance with EPA (40 CFR, Parts 260, 261, and 262) and D.O.T. (49 CFR) Regulations in addition to F.A.C. 62-730. All packaged waste shall be properly labeled and transported to a TSDF by an EPA-permitted transporter, licensed for transport in all applicable states. Waste shall be manifested in accordance with EPA and D.O.T. Generator's original manifest copy shall be supplied to the VA at the time of shipment. In addition, a detailed inventory of all chemicals packaged shall be furnished, consisting of waste name, EPA hazardous waste code, and quantity of waste, to the VA medical Center COR. The COR shall be provided a "Certificate of Disposal" of all waste within 30 days of shipment, detailing the specific disposal method used. The contractor must ensure that all hazardous and non-hazardous wastes are disposed of properly to avoid the possibility of a fine or penalty by Federal and State environmental agencies. D.The contractor shall, without additional expense to the JAHVAH, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State and local laws, codes, and regulations in connection with the execution of the work to be performed under this contract. E.JAHVAH shall not furnish any equipment or personnel to assist the contractor in the performance of the contractor's responsibilities under this contract. The Contractor understands that any such offers of assistance are unauthorized, and the contractor shall not accept any such offers. F.The contractor agrees that, for those portions of the services provided on JAHVAH property, the services will be provided during the normal hours of operations for the JAHVAH facility. The normal hours of operations hours are Monday thru Friday from 7:30 AM through 4:00 PM. G.Contractor shall identify and characterize each waste to properly manage and dispose of it. Wastes shall be characterized per 40 CFR Part 260. H.The contractor shall prepare all waste analysis sheets identified to a specific contract line item that may be required for disposal and provide a copy to JAHVAH. I.If the contractor must perform detailed analysis for disposal, copies of the results identified to a specific contract line item shall be provided to the JAHVAH. Any detailed analysis must comply with all Federal, State, and local requirements. J.Analysis must include determination if hazardous waste is to be incinerated, treated, recycled, or ultimately disposed of in a landfill and a cost benefit analysis of such determination. Analyses will be provided to JAHVAH. The method of ultimate disposal will be determined by the Safety Office of JAHVAH. K.Waste Collection from Satellite Accumulation: 1.The Contractor is responsible for the collection of all hazardous and non-hazardous wastes from all of the designated Satellite Accumulation Areas (SAA) within JAHVAH, as required. The contractor shall ensure that the SAA and associated waste containers are in compliance with applicable RCRA regulations. 2.The contractor shall perform weekly SAA inspections utilizing JAHVAH inspection form. 3.All items collected on this contract must be properly segregated and kept physically separate from any other items in accordance with chemical compatibility guidelines until the initial treatment, storage disposal facility (TSDF) is reached. 4.The contractor must ensure that all waste containers are appropriately marked. In addition, the contractor must ensure that there is a clear audit trail for all items until final treatment/disposal is accomplished. This will ensure that all wastes are tracked from cradle-to-grave. L.Waste Transportation to Main Accumulation Area: 1.The Contractor is responsible for transporting all collected hazardous and non-hazardous wastes from all of the Satellite Accumulation Areas (SAA) to the Main Accumulation Area as required. 2.The Contractor shall conduct sound handling practices and procedures while transporting the hazardous and non-hazardous wastes to avoid any spill incidents and exposures. 3.All items stored at the Main Accumulation Area (MAA) must be properly segregated and kept physically separate from any other items in accordance with chemical compatibility guidelines until the initial treatment, storage disposal facility (TSDF) is reached. 4.The MAA must be kept clean, organized, and secured at all times. 5.Any deficiencies in accordance with RCRA requirements for MAA (90/180-day storage area) must be immediately corrected and notified to JAHVAH. Point of contact Contracting Officer's Representative (COR) for coordination and accomplishment of these services is Victoria Cockrell, Industrial Hygienist, Facilities Management Service, (813) 972-2000 ext. 6771. M. SCHEDULE FOR WASTE DISPOSAL: Pick-ups are to be scheduled at a minimum monthly and more often as needed upon the request of the COR. N. DESCRIPTION OF WASTE: Identify, package, label, mark, load, transport, store, recycle, destroy or dispose of a variety of hazardous waste chemicals to include corrosives, oxidizers, flammable, toxic, and acutely hazardous chemicals (EPA "P List" of acutely hazardous material and EPA "U List" of toxic waste), universal pharmaceutical waste in accordance with this specification. Lead, batteries and additional universal wastes are also included. There will exist waste not suitable for land filling, such as Xylene, Toluene, etc. The waste also includes comingled waste (biomedical and hazardous). Commonly Generated Hazardous and Nonhazardous Wastes at JAHVAH AREADescriptionGeneral Type of Hazardous Wastes Generated Laboratory Clinical laboratory, Research-Spent Solvents -Xylene -Alcohols -Solvent solutions with organic stains -Expired Reagents -Corrosive Solutions -Rinse Water -Formalin -Buffers PharmacyInpatient & Outpatient-Expired Drugs, hazardous and non-hazardous -Cytotoxic RadiologyDiagnostic & treatment-Lead/Cadmium alloy shielding material -Lead Aprons Operations RoomMedical Treatment-Saline solution with medications Business Offices Acquisition & Material Management, Supply Purchase & Distribution-Mercury containing sphygmomanometers, thermometers, and other medical equipment submitted for turn in. Facilities Maintenance Carpentry, Paint, A/C & Plumbing, Biomedical, Electrical, Sign & Laundry -Used oils / lubricants -Aerosols -Degreasers -Refrigerants (cylinders) -Solvents -Batteries -Greasy rags -Paints -Boiler chemicals -Light ballasts -Fluorescent bulbs -Diesel/water (at multiple concentrations) OncologyMedical Treatment-Cytotoxic wastes DentalMedical Treatment-Silver Mercury Amalgam VariousVarious-Empty Containers O. SPECIAL REQUIREMENTS FOR BATTERIES: The Contractor shall furnish containers and equipment of sufficient size to accommodate each shipment of batteries. The Contractor shall properly pack batteries that ate leaking or cracked, or batteries with missing or broken caps. Proper packing includes barrels, drums or high-density polypropylene containers (Lab Packs) suitable for shipping waste batteries in accordance with DOT and State regulations. The Contractor shall provide a sufficient quantity of vermiculite or other absorbent materials in each drum to absorb all free liquids. P. SAFETY: The contractor must perform all operations in a prudent, conscientious, safe, and professional manner. At a minimum, the contractor must comply with all safety requirements set forth in applicable State, Federal, and Local Laws and Regulations and ensure that its agents, employees, and subcontractors perform the work in a safe manner. The contractor shall ensure that all personnel involved in handling and packaging the hazardous waste be trained for the level of expertise required for the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. The contractor agrees that his personnel and equipment are subject to safety inspections by JAHVAH personnel and state authorities while on JAHVAH property. The contractor must also have a Medical Surveillance Program for employees involved in the direct handling and/or exposure to the chemical waste. The contractor must submit certification of the Medical Surveillance Program, prior to award of the contract. Q. PACKAGING: The contractor must provide the necessary personnel and all materials to package, mark, label, and load the waste for transport. If repackaging is necessary, the contractor shall be responsible for disposal of the original containers. Extra packaging integrity may be chosen wherever possible at no additional expense to the VA. Drums and other packaging must be leak resistant. Each container shall be labeled and marked by the contractor accordance with 40 CFR Part 260 and 49 CFR Subchapter C Parts 105 -178. R. TESTING: The contractor may test the waste or have it tested, to the extent necessary for packaging and transporting according to DOT hazard classes and/or EPA and disposal site requirements at no additional expense to the VA. S. TRANSPORTING: Transporters must have required EPA and State (where required) registry for hazardous waste transport and must have verifiable records of good shipping practices which may be checked through local DOT authorities. A shipping representative of the VA Medical Center shall approve the contractor's use of transporters before transportation of waste is begun. Transporters will be chosen who do a minimum of interlining before reaching the disposal site. Contractor must submit a list of transporters used and show proof of EPA registry prior to contract award. The contractor will comply with, and ensure that all applicable subcontractors comply with, all requirements of United States Department of Transportation (DOT) regulations, 49CFR Parts 100-199, regarding waste transportation under this contract. Complete compliance with these regulations shall include, but not be limited to, ensuring that emergency response information is carried on transport vehicles and maintained at facilities where hazardous materials are received, stored, or handled during transportation. 1.Shipping papers will contain an emergency response telephone number supplied by the disposal contractor which is monitored 24 hours a day in order to provide immediate, detailed emergency information to personnel reacting to emergencies. Technical names will be included in the descriptions of materials reflected on shipping papers by "not otherwise specified" (n.o.s.) descriptions. Definitions of the terms used in this clause are those used in 49 CFR 100-199. 2.Contractors must ensure that off-site shipments of hazardous waste are labeled, marked, and placarded according to the U.S. DOT requirements. Contractor remains responsible for proper management of waste even after it leaves JAHVAH Facilities. This includes responsibility for any spill while in transit. The contractor agrees that no transporters other than those with prior facility approval will be used without obtaining the prior written approval from JAHVAH. 3.JAHVAH does not warrant that the drums or containers are suitable for transportation in accordance with DOT regulations. The contractor is cautioned to ascertain and assess the need for over-packing or re-containerizing, as required. 4.The contractor is responsible for loading, including furnishing all the equipment necessary for loading. Unless otherwise provided in the contract, loading will not be performed on Saturdays, Sundays, holidays, or any day that the facility where the wastes are located is closed. 5.Empty Containers - Prior to reuse or sale of empty containers, the contractor shall: a.Comply with the cleaning requirements of 40 CFR 261.7. b.Obliterate all markings and labels. 6.The contractor shall be exempt from this requirement only if the containers are crushed and sent to a scrap operation, crushed and sent to a landfill, or the containers are physically disposed of concurrently with their contents (i.e., incineration/landfill). 7.The contractor shall package, mark, label and placard all items in such a manner that all applicable Federal (EPA & DOT), State, and local regulations are met. 8.If items must be packaged for proper shipment, the contractor shall perform such repackaging and furnish all required materials. When repackaging is necessary, the contractor shall be responsible for disposal of the original container and placarding in a manner that complies with all applicable regulations. 9.The contractor shall also provide and affix appropriate placards to each vehicle prior to leaving JAHVAH premises and ensure that all other DOT transporters requirements are met. 10.If the contractor elects to package compatible items in the same container, then the contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outer most containers. A copy of the packing list must be attached to the manifest. 11.Contractor furnished over-pack containers and materials will not be included in the total weight calculations. T. DISPOSAL: Treatment and Final Disposal: 1.For purposes of this contract, final treatment/disposal means either: treatment so that such wastes no longer meet the definition of a hazardous waste as defined in 40 CFR 261; or treatment of a waste by a RCRA handling method specified in 40 CFR Parts 264/265 appendix 1, Table 2, paragraph 2. 2.Waste handling costs that describe methods of storage do not meet the definition of final treatment nor final disposal under this contract. a.Interim treatment of the waste such that the waste still meets the definition of a hazardous waste as defined in 40 CFR 261 does not meet the definition of final treatment under this contract. 3.Final disposal means disposal of a waste by a RCRA handling method specified in 40 CFR, parts 264/265, appendix 1, table 2, paragraph 3. All facilities used for interim treatment, final treatment or final disposal of items on this contract shall have as a minimum, an EPA/State approved interim status permit showing EPA hazardous waste numbers described in 40 CFR 261, subparts c and d, for each waste the facility is permitted to handle. 4.Mere acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal facility (TSDF) does not meet the definition of final treatment nor final disposal under this contract. It is the contractor's responsibility to obtain all necessary documentation to prove that the final treatment or final disposal of all items (as defined in paragraph 2.2.9.1 above) has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, the invoices. 5.The contractor will provide all services necessary for the final treatment/disposal of the hazardous wastes listed in the price schedule in accordance with all local, state, and federal laws, and regulations, and the terms and conditions of this contract. These services shall include all necessary personnel, labor, transportation, packaging, equipment and the compilation and submission of all documents required. 6.The contractor shall manage and dispose the manifested waste for incineration. Unless otherwise identified in the profile all waste shall be treated in the following order. a.Recycling (if applicable/feasible) b.Incineration c.Fuel-blending d.Solidification / Landfill 7.JAHVAH will notify the contractor when a waste pickup and shipment is required from the Main Accumulation to the TSDF. A date will be scheduled with both parties. 8.The Contractor shall identify each treatment, storage and disposal facility (TSDF) which may perform treatment, storage or disposal services under this contract. 9.Each facility must have, as a minimum, EPA RCRA interim status or state approval as a treatment or disposal facility and be in good standing with the regulatory community. 10.The contractor agrees that no facility other than those initially approved for use under this contract will be used, without first obtaining the written approval of the JAHVAH. 11.The appropriate permit/license number, name and address of the permitting/licensing agency shall be provided. 12.The TSDFs approved for use under this contract are only approved subject to all services being performed in accordance with all Federal, State and local laws and regulations and the TSDF's permit. 13.The contractor must have the capability to meet the removal and disposal timeframes required by Federal/State regulations and JAHVAH schedule requirements for all waste streams. 14.At least one interim storage facility for each waste stream shall be included in the proposal. 15.Treatment of hazardous waste (including solidification) on JAHVAH property is not permitted. Treatment is defined as any process which meets the definition of treatment as set forth in applicable Federal, State and local laws and regulations. U. DISPOSAL SITES: The contractor shall use only licensed disposal sites, which shall be identified in the proposal, and agrees that sites other than these will not be used without obtaining prior written approval from the COR. The universal pharmaceutical waste will be disposed by a licensed TSDF within the State of Florida (will not be shipped out of state). V. DOCUMENTATION REQUIREMENTS: 1.A uniform hazardous waste manifest is required for the removal of waste from JAHVAH property. The contractor shall obtain, generate, review and provide manifests for all of the wastes generated at JAHVAH. 2.The contractor shall provide the manifests to JAHVAH for review of completeness and accuracy prior to removal of any wastes from JAHVAH property. 3.The pickup manifests will be reviewed and signed by the appropriate authorized JAHVAH official. Completed copies of all manifests shall be furnished to JAHVAH. 4.Manifests shall be submitted in such a manner as to comply with the timeliness prescribed by the State and EPA regulations. 5.JAHVAH Waste Profiles shall be maintained by the Contractor. These waste profiles shall be accessible and readily available. A copy of all profiles will be sent to JAHVAH. 6.The contractor shall prepare a Certificate of Disposal. This certificate is to be provided prior to submittal of the invoices. Any discrepancies between the JAHVAH documented waste inventory and the actual shipment for disposal, must be thoroughly described, documented and authorized prior to completion of the shipment. 7.The contractor shall prepare a Certificate of Recycling for any waste that is recycled. This certificate shall be provided prior to the submittal of invoices. A copy of each certification of recycling, signed by a responsible company official, will be provided to the Safety Office of JAHVAH. 8.The contractor shall prepare an Annual Report describing all hazardous and non-hazardous waste disposals and recycling data. The Annual Report shall be submitted to JAHVAH no later than September 30th. W. SPILL REPORTING REQUIREMENTS: The contractor shall report to the COR all spills and personnel exposures during waste preparation, packaging, and shipping. The contractor shall bear the cost of clean-up and shall report all such incidents to the COR immediately by telephone upon discovery and follow-up in writing no later than five (5) calendar days after the telephone report. X. INSPECTIONS: The contractor and subcontractor (s) are subject to announced or unannounced inspections of their operations and records by the COR to verify contract compliance. Y. SAVE HARMLESS AND INDEMNITY AGREEMENT: The contractor shall save harmless and shall indemnify this hospital with respect to any and all liability, claims, costs of whatsoever kind or nature for injury to or death of any person or persons and for loss or damage to any property of the hospital or of others occurring in connection with this contract, resulting in whole or in part from the negligent or non-negligent acts or omissions of the contractor, any subcontractor, or any employee, agent or representative of the contractor or of any subcontractor. PART IV - Deliverables 1. The Contractor shall provide the COR with the completed original manifest at the time of shipment. The Contractor shall ensure that the completed original manifest contains all required signature, and documents transportation of the waste from the generator to the TSDF. 2. Within 30 days of shipment the Contractor shall provide the COR with the original Certificates of Destruction, Disposal, or Recycling, as may be appropriate. The Contractor shall ensure that these certificates contain all required signatures. PART V - Special Requirements A. REQUIRED INSURANCE: l. During the entire period of performance under this contract, the contractor shall procure and maintain not less than the following minimum insurance: a. Workman's Compensation and Occupational Disease - amounts to satisfy applicable State Law. b. Employer's Liability - minimum amount of $1,000,000 per occurrence. c. Comprehensive General Liability - minimum limits of $1,000,000 per occurrence. d. Comprehensive Automobile Liability - minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $50,000 per occurrence for property damage, higher minimum limits if required by applicable State Law. 2. Prior to the commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of all required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that the cancellation or any material change in the policies adversely affecting the interests of the Hospital shall not be effective for a period prescribed by the laws of the state in which the contract is performed, and in no event less than thirty (30) days after written notice to the Contracting Officer. B. CERTIFICATES: 1. EPA Identification number. 2. Copies of relevant licenses, permits and certifications (including EPA permit, Part B, Treatment, Storage, and Disposal Facility (TSDF). 3. Certification of Medical Surveillance Program. 4. Copies of relevant training. C. BILLING Veterans Affairs has mandated that all invoices be submitted electronically. Effective April 10, 2013 Veterans Affairs will no longer accept paper, faxed or e-mail invoices. In order to serve you better, is your company Electronic Data Interchange (EDI) capable? If your company is EDI capable our team will work with you to begin testing and migration to the new VA invoice system. We offer the following solutions for electronic invoices: 1.Electronic Data Interchange (EDI) - ANSI X-12 v4010 (minimum required) or v5010 (optional) a.Further information regarding EDI solution can be obtained by visiting the Department of Veterans Affairs ECD specific site at http://www.fsc.va.gov/fsc/edi.asp or email the ECD team directly at FSCEDIFinancialTeam@va.gov or sarah.snyder2@va.gov 2.OB10 - A third party provider contracted by Veterans Affairs (VA) to assist with electronic invoicing a.Further information regarding OB10 solution can be obtained by visiting the Department of Veterans Affairs OB10 specific site at http://www.ob10.com/veteransaffairs b.Here is some interesting information on OB10 Invoicing. **Vendors need a promo code VAPC7Y18** so they will not be charged outside vendors fees for using the OB10 system. Also VA's OB10 Buyer # is AAA544240062. 3.VISWEB - A Veterans Affairs Web based portal for low volume vendors using the Internet a.Go to https://www.vis.fsc.va.gov and click on the link that says "Not already a user? Click here to create a new account." If you need assistance in setting up OB10 or a VISWEB account, or submitting an invoice on VISWEB, or assistance with past due invoices we ask that you please contact the VA Customer Service Help Desk at vafsccshd@va.gov or 1-877-353-9791. D. INFORMATION SECURITY: VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE VA INFORMATION CUSTODIAL LANGUAGE: a. 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. b. 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. c. 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. d. 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. 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 COTR. 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. LIQUIDATED DAMAGES FOR DATA BREACH: a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $__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. 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: a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training. (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior. b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW. DISCLAIMER This 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.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/TaVAMC673/TaVAMC673/VA24814I0182/listing.html)
 

Document(s)

Attachment
 

File Name: VA248-14-I-0182 VA248-14-I-0182_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1126651&FileName=VA248-14-I-0182-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=1126651&FileName=VA248-14-I-0182-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN03251939-W 20131215/131213234850-4369dda78f23fcf3286f7b91ca3ac197 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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