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FBO DAILY - FEDBIZOPPS ISSUE OF DECEMBER 06, 2017 FBO #5857
DOCUMENT

S -- Custodial Services - Attachment

Notice Date
12/4/2017
 
Notice Type
Attachment
 
NAICS
#561720 — Janitorial Services
 
Contracting Office
Department of Veterans Affairs;Veterans Benefits Administration;Office of Acquisition;1800 G. Street N.W.;Washington DC 20006
 
ZIP Code
20006
 
Solicitation Number
9179
 
Response Due
12/11/2017
 
Archive Date
1/10/2018
 
Point of Contact
Department of Veterans Affairs
 
E-Mail Address
ct
 
Small Business Set-Aside
N/A
 
Description
REQUEST FOR INFORMATION (RFI) INTRODUCTION THIS IS NOT A SOLICITATION. The Department of Veterans Affairs (VA) is issuing this Request for Information. This RFI is issued solely for information and planning purposes only and does not constitute a solicitation; therefore, do not submit a quote. There is no obligation for the Government to acquire any products or services described in this RFI. No funds have been authorized, appropriated, or received for this effort. The information provided may be used by the Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA) in developing its acquisition strategy and to revise the Statement of Work (SOW). Interested parties are responsible for adequately marking proprietary, restricted or competition sensitive information contained in their response. Only electronic responses to this RFI will be accepted. The Government will not pay for any time expended or information submitted in response to this RFI. Eligibility in participating in a future acquisition does not depend upon a response to this notice. BACKGROUND The Boise Regional Benefit Office, Boise ID has a requirement for custodial services. The contract period or performance is tentatively scheduled to be effective on 1 Feb 2018 and will contain four option periods. NAICS: 561720 QUESTIONS AND CRITICAL CONSIDERATIONS FOR INTERESTED CONTRACTORS Responses are solely treated as information for the Government to consider. Direct or Indirect costs incurred in response to this RFI are at the expense of the vendor, not the Government. In accordance with the Federal Acquisition Regulations, responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Any contract that may be awarded will not be based on information received or derived from this RFI, but rather on the outcome of a subsequent competitive process. It is requested that all vendors interested in participating in this effort note their interest by responding to the areas identified in the Company Details" and "Capabilities Statement, sections below. Company Details The page limit for responses to this section is one page. Provide company point(s) of contact information (name, email address, address, telephone, and fax numbers). Identify if your company are any of the following business concern statuses (include all that apply): Small Business (SB); Certified Small Business Administration (SBA) 8(a) firm; Small Disadvantaged Business (SDB); Service-Disabled, Veteran-Owned Small Business (SDVOSB); Veteran-Owned Small Business (VOSB); Economically Disadvantage Women-Owned Small Business (EDWOSB); Woman-Owned Small Business (WOSB); Historically Underutilized Business Zone (HubZone) Small Business; Large Business. Provide contracting vehicles your company holds, such as GSA schedules. Capabilities Statement The page limit for responses to this section is two pages. Provide an overview of your firm s capabilities to fulfill the requirements of the PWS, to include organizational and staff capability, quality control and experience. RESPONSE SUBMISSION Please submit responses via email to ross.byrne@va.gov by 4:00 p.m. (ET), 11 Dec 2017. The VA reserves the right to not reply to any emails, responses, and/or materials submitted. ** DRAFT** PERFORMANCE WORK STATEMENT DESCRIPTION OF SERVICES. The Contractor shall provide all management, tools, equipment, supplies and labor necessary to ensure that custodial services are performed at the Boise VA Regional Office in a manner that will maintain a satisfactory facility condition and present a clean, neat and professional appearance. An estimated net 25,311square footage will be maintained in accordance with this Performance Work Statement (PWS). It is incumbent that the Contractor conducts its own measurement of the square footage for the site. 1.1. BASIC CLEANING SERVICES. The Contractor shall accomplish all cleaning tasks to meet the requirements of this PWS. The contractor shall obtain and maintain at his/her own expense all necessary licenses, permits and insurance and shall conform to all laws, regulations, and ordinances applicable to performance of the contract. Upon award, the contractor shall provide to the Contracting Officer proof of insurance coverage. The minimum cleaning frequencies are established in Appendix A, Workload Factors, and Appendix B, Maps. 1.1.1. Maintain Floors. All floors, except carpeted areas, shall be swept, dust mopped, damp mopped, wet mopped, dry buffed, and spray buffed, as needed, to ensure they have a uniform, glossy appearance and freedom from dirt, debris, dust, scuff marks, heel marks, other stains and discoloration, and other foreign matter. Baseboards, corners, and wall/floor edges shall also be clean. All floor maintenance solutions shall be removed from baseboards, furniture, trash receptacles, etc. Chairs, trash receptacles, and other moveable items shall be moved to maintain floors underneath these items. All moved items shall be returned to their original and proper position. 1.1.2. Remove Trash. All trash containers shall be emptied and returned to their initial location. Boxes, cans, papers placed near a trash receptacle and marked TRASH shall be removed. Any obviously soiled or torn plastic trash receptacle liners shall be replaced. The trash shall be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter, and free of odors. 1.1.3. Public Ashtrays and Urns. All public ashtray urns shall be emptied. Ashtrays shall be clean and free of ashes, odor, and stains. Clean all public urns and replace sand. Urns shall be repainted when necessary to maintain clean appearance. 1.1.4. Interior Glass/Mirrors. All interior glass, including glass in doors, partitions, walls, display cases, directory boards, etc. shall be clean. There shall be no tract of film, dirt, smudges, water, or other foreign matter. 1.1.5. Drinking Fountains. Clean and disinfect all porcelain and polished metal surfaces, including the orifices and drain, as well as exterior surfaces of fountain. Drinking fountains shall be free of streaks, stains, spots, smudges, scale, and other obvious soil. 1.1.7. Carpets. Carpeted areas shall be vacuumed. After vacuuming, the carpeted area shall be free of all visible dirt, debris, litter and other foreign matter. Any spots shall be removed by carpet manufacturer s approved methods as soon as noticed. All tears, burns, and raveling shall be brought to the attention of the Contracting Officer s Representative (COR). Area and throw rugs are included to receive this service. 1.1.7.1. Clean Carpets. Spot clean or shampoo dirty carpets over an area of 2 square feet or less. Spots must be removed immediately. 1.1.8. Vacuum and Clean Floor Mats. Vacuum and clean interior and exterior floor mats. After vacuuming or cleaning, mats shall be free of all visible lint, litter, soil and other foreign matter. Soil and moisture underneath mats shall be removed and mats returned to their normal location. 1.1.9. General Spot Cleaning. Perform spot cleaning on a continual basis. Spot cleaning includes, but is not limited to removing, or cleaning smudges, fingerprints, marks, streaks, spills, etc., from washable surfaces of all walls, partitions, vents, grillwork, doors, door guards, door handles, pushbars, kickplates, light switches, temperature controls, and fixtures. After spot cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots, and other evidence of soil. 1.1.10. General Dusting. All horizontal surfaces must be dusted or cleaned to eliminate dust collection. The Contractor shall ensure that after dusting all dust, lint, litter, and dry soil shall be removed from the surfaces of the desks, chairs, filing cabinets, and other types of office furniture and equipment, and from ledges, window sills, hand rails etc., to a line of 7' above the floor level. Typewriters, computers, and equipment of similar nature shall not be dusted by the Contractor. Desks, tables, and countertops must be dusted regularly (daily, if needed) to prevent the accumulation of dust. Work shall be performed in a manner that ensures every surface (except those noted above) throughout the building to a line of 7 above the floor level is dusted on a monthly basis. 1.1.11. Sweep main entrance walkways and ancillary walkways and areas. The ancillary areas include the rear entrance, loading dock area, and side patio. 1.1.12. Police all parking lot park areas. Collect and dispose of trash and debris. Ensure drains, corners, and curbs are kept clear and unimpeded. 1.1.13. Vacuum or clean all ceiling and wall air supply and exhaust diffuses or grills. After vacuuming or cleaning, all exhaust diffuses or grills shall be free of all visible lint, litter, soil and other foreign matter. 1.1.14. Seasonally, place patio umbrellas into table mounting fixtures for employee use and remove umbrellas for winter storage. Typically, this will occur in late Spring and mid-Fall, respectively. Daily, when umbrellas are set up for use, ensure umbrellas are lowered and secured after normal business hours. 1.2. BASIC RESTROOMS CLEANING SERVICES. The Contractor shall accomplish all cleaning tasks to meet the requirements of this PWS and the Service Delivery Summary (SDS). 1.2.1. Clean and Disinfect. Completely clean and disinfect all surfaces of sinks, toilet bowls, urinals, lavatories, showers, shower mats, dispensers, plumbing fixtures, saunas, partitions, dispensers, doors, walls, and other such surfaces, using a germicidal detergent. After cleaning, receptacles will be free of deposits, dirt, streaks, and odors. Disinfect all surfaces of partitions, stalls, stall doors, entry doors, (including handles, kickplates, ventilation grates, metal guards, etc.), and wall areas adjacent to wall mounted lavatories, urinals, and toilets. 1.2.2. Descale Showers, Toilet Bowls and Urinals. Descaling shall be performed monthly as a minimum and as often as needed to keep areas free of scale, soap films, and other deposits. After descaling, surfaces shall be free from streaks, stains, scale, scum, urine deposits, and rust stains. 1.2.3. Sweep and Mop Floor. After sweeping and mopping, the entire floor surface, including grout, shall be free from litter, dirt, dust and debris. Grout on wall and floor tiles shall be free of dirt, scum, mildew, residue, etc. Floors shall have a uniform appearance without streaks, swirl marks, detergent residue, or any evidence of soil, stain, film or standing water. Moveable items shall be tilted or moved to sweep and damp mop underneath. Floors shall be stripped, scrubbed, waxed, and buffed, as necessary to maintain sanitary conditions and a clean, uniform appearance. 1.2.4. Stock Restroom Supplies. Contractor shall ensure restrooms are stocked sufficiently so that supplies, including soap for the soap dispensers and replacement tablets in urinals, do not run out. Supplies shall be stored in designated areas. No overstocking shall be allowed. If supplies run out prior to the next service date, Contractor shall refill within 3 hours of notification. Refill time metered air freshener dispensers. 1.3. PERIODIC CLEANING SERVICES. 1.3.1. Strip, Scrub, Seal, and Wax Floors. Strip, scrub, seal, and wax floors as necessary to maintain a uniform glossy appearance. A non-skid wax is required. A uniform glossy appearance is free of scuff marks, heel marks, wax build-up, and other stains and discoloration. Buff floors as required to consistently maintain this appearance. 1.3.2. Clean Interior Windows. All interior surfaces of windows mounted in the outer wall of the building shall be cleaned semi-annually and be coordinated with the COR. After surfaces have been cleaned, all traces of film, dirt, smudges, water and other foreign matter shall be removed from frames, casings, sills, and glass. 1.3.3. Clean Exterior Windows. Windows are the glass surfaces that are an integral part of the outer wall of the building. Window screens shall be removed, cleaned, and replaced as needed. After window has been cleaned, exterior frames, casings, sills, and glass shall be free of all traces of film, dirt, smudges, water and other foreign matter. The cleaning of the exterior windows will occur three times annually (approximately every four months) and be coordinated with the COR. Clean/Shampoo Carpets. All carpets shall be cleaned in accordance with standard commercial practices. A heavy-duty spot remover may be required in heavily soiled areas. After shampooing, the carpeted area will be uniform in appearance and free of stains and discoloration. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items. Chairs, trash receptacles, and other items shall be moved to clean carpets underneath, and returned to their original location. The biannual shampooing of carpets will be coordinated with the COR. Steam Clean Travertine Flooring. Steam Clean approximately 1,750 square feet of travertine flooring located in the front lobby. The biannual steam cleaning of the travertine shall be coordinated with the COR. Microwave Ovens. The exterior and interior of three microwave ovens in the employee break room shall be cleaned monthly. Refrigerators. The exterior and interior of two refrigerators in the employee break room shall be cleaned quarterly. Expired perishable food items shall be discarded. To the maximum extent possible, items shall be placed in their original positions upon completion of cleaning. 2. PERFORMANCE REQUIREMENTS SUMMARY. The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance standards briefly describe the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success. Performance Objective Performance Standard SOW Para Performance Threshold Basic Cleaning Services. Floors, baseboards, corners and wall edges are free of dirt, dust and debris. Trash is empty; Plastic liners are in good condition. Trash containers are free of odors and visible dirt. Trash is emptied into outdoor trash collection container. Ash containers are emptied and free of ashes, odors and stains. Glass and mirrors have no traces of film, dirt, smudges, or water. Drinking fountains are disinfected and free of streaks, stains, spots, smudges, scale and other deposits. Carpets are free of dirt, debris, litter and other foreign matter. Dust is not visible. 1.1. No more than three (3) customer complaints for the month. Basic Restrooms Cleaning Services. Restrooms are disinfected and free of dirt, deposits, streaks and odors. Showers are disinfected and free of soap films, scum and other deposits. Toilets and urinals are disinfected and free of scale, stains, scum and other deposits. Floors are free of litter, dirt, dust and debris. Supplies are adequate until next service. 1.2. No more than three (3) customer complaints for the month. Periodic Cleaning Services. Floors have a glossy uniform appearance free of scuffmarks, heel marks, wax build-up, and other stains and discoloration. Windows are free of film, dirt, smudges, water, and other foreign matter. Carpets are free of stains and discoloration. 1.3. No more than four (4) customer complaints for the quarter. 3. GOVERNMENT FURNISHED PROPERTY AND SERVICES. None 4. GENERAL INFORMATION. 4.1. QUALITY CONTROL. The Contractor shall develop and maintain a quality program to ensure custodial services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the Contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Service Delivery Summary. The government representative(s) will monitor performance and review monthly performance reports furnished by the Contractor to determine how the Contractor is performing against communicated performance objectives. The government will make determination regarding incentives based on performance measurement metric data and notify the Contractor of those decisions. The Contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively. The Contractor shall take corrective action when any task associated with this task order is found deficient or substandard. The cost of correction is to be borne by the Contractor. The Contractor shall handle all records received to ensure unauthorized release of information cannot occur. 4.2. QUALITY ASSURANCE. The government will periodically evaluate the Contractor s performance in accordance with the Quality Assurance Surveillance Plan. 4.2.1. QUARTERLY PERFORMANCE MEETING. Representatives from each organization will participate in a quarterly performance meeting to review performance, quality control, progress, requirements, etc. Suggested representation is the Government Contracting Officer s Representative, the Contractor s manager and the Contractor s quality control person, the facility manager and/or Chief, Support Services Division. A date, time and location (teleconference or physical meeting) shall be established upon issuance of the Notice to Proceed. 4.3. GOVERNMENT REMEDIES. If for any reason the scheduled time for a deliverable cannot be met, the Contractor is required to explain why (include the original deliverable due date) in writing to the Contracting Officer (CO), including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response in accordance with applicable regulations. The Contracting Officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (FEB 2012), for Contractor s failure to perform satisfactory services or failure to correct non-conforming services. The Government will be responsive to any requests for information needed to complete the contract s tasks. 4.4. HOURS OF OPERATION. The Boise RO is open to the public Monday-Friday from 8:00am until 4:30pm. Janitorial services will be conducted after the office is closed to the general public. Contract personnel may begin cleaning no earlier than 4:30pm and must be completed no later than 5:30am. Periodic exceptions to these hours are permitted for special events. The Contractor shall not enter the restrooms for cleaning prior to 6:00pm, unless extenuating circumstances exist, e.g., safety or health hazard exists from leakage/spillage on floor, etc. In the case of special events, the COR will contact the Contractor no later than 24 hours before the scheduled event, and will provide appropriate times for janitorial service. No Work shall take place at the Boise Regional Office on weekends or Federal Holidays unless directed by the Contracting Officer. 4.5. UNIFORMS and IDENTIFICATION. The Contractor shall furnish and maintain in acceptable condition, at no cost to contract employees, all items of uniform and equipment necessary to perform the work required by this contract. The Contractor shall wear a standard custodial type uniform which is easily recognizable and clearly distinguishes them as the Contractor. Uniforms shall present a neat appearance and be clean and maintained in good repair and shall be worn as designed by the manufacturer. Standard custodial type uniform is defined as collared work shirt (button-down or polo style) and pants or skirt of twill or similar material (no denim). The Contractor shall wear appropriate footwear that will cover the entire foot for safety purposes. The Contractor shall not consume food, snacks, beverages or tobacco products except during specified break periods in designated break areas only. Unauthorized smoking, eating, theft or pilferage by the Contractor shall constitute adequate cause for the Government to require that the Contractor immediately remove the offender(s) from employment on the Boise Regional Office premises for the duration of this contract. The Contractor shall wear on the front of the uniform, a clearly readable name identification logo identifying the contractor s and employee s name. All employees will be required to have official identification on their person when reporting to work. The Government will issue ID cards to the Contractor after background checks have been completed. The Contractor shall obtain Visitor s Badges during the interim period via Human Resources or the Support Services Division. 4.6. CONTRACT POST AWARD MEETING. The Contractor shall not commence performance on the tasks in this Performance Work Statement until the Contracting Officer has conducted a kick off meeting or has advised the Contractor that a kick off meeting is waived. 4.7. PERFORMANCE PERIOD. The period of performance will be for twelve (12) months commencing on January 16, 2014 and four (4) twelve (12) month option years. Option years do not commit the government and will be exercised based on continuation of need and successful contractor performance. 4.8. CHANGES TO STATEMENT OF WORK. Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor. 4.9 TYPE OF CONTRACT. This is a firm fixed price contract. 4.10 SET-ASIDE. This contract will be 100% set-aside for small business on GSA Category 811 002. 5.0 SECURITY REQUIREMENTS. All contract employees that have physical access to the secured areas in the Regional Office must obtain a PIV card. Requirements for obtaining PIV cards are addressed in section five of this contract. 5.1 OBTAINING PIV CARD. All contract employees with physical access to the Regional Office building are required to obtain a PIV card. The steps for completing this process are enumerated below. Background Investigation The contract employee level of background investigation required for this effort is: NACI. Contractor Responsibilities The Contractor shall bear the expense of obtaining background investigations or reciprocals of previous investigations held that meet or exceed the required investigation level. The cost of background investigations is based on the current Office of Personnel Management (OPM) rate at the time the application is processed at OPM.   Fiscal Year 2018 rates are as follows: Low Risk (NACI) $408, Moderate Risk (MBI) $1,747, High Risk (BI) $4,614 or Reciprocals are $65.   VA will pay for investigations or reciprocals processed through the VA SIC and conducted by OPM in advance; however, the Contractor shall reimburse the full cost of background investigations/reciprocals to VA within 30 days of Bill of Collections received from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation/reciprocal costs. Immediately after contract or task order award, the COR will provide the Contractor with the following background investigation documents to be completed by the Contractor and returned to the COR to begin the background investigation process for all contract employees working on the contract who will have access to VA facilities, VA systems, or privacy data: Background Investigation Request Worksheet Optional Form 306 Declaration of Federal Employment Fingerprint Request Form (or arrangement of electronic capture of fingerprints) Upon receipt of the above-stated documents from the COR, the VBA Acquisition Staff will submit the background investigation package to the VSC Security Specialist for processing through the SIC.   Upon notification of favorable fingerprint results, the Contractor may begin work while the background investigation is ongoing.   Thereafter, the Contractor   will receive an email notification from the SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process in the Electronic Questionnaires for Investigations Processing (e-QIP) system.   E-QIP is an online, Internet accessible system where the Contractor employee shall complete the security questionnaire required for OPM to process the background investigation. Contractors who have a current favorable background investigation previously conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. When a previous clearance is currently held, it does not preclude the vendor from submitting a complete Background Investigation Package as stated above to the COR immediately after contract or task order award for all contract employees who will be working on the contract. The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak and understand the English language.    Contract performance shall not commence before: The VSC has confirmed favorable fingerprint results, or SIC confirms that it has received the Contractor s investigative documents, the documents are complete, and that the investigation information has been released to OPM for scheduling of the background investigation, or VSC or the SIC has confirmed that the verified investigation will be reciprocated. The COR will notify and forward the Contractor a copy of the Certificate of Investigation when the background investigation has been favorably completed or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract.   Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default. The Contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident. Should the Contractor use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government s site(s) and/or VA LAN systems can be granted. The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO). Contractor Personnel Security All contract employees who require access to the VA site(s) and/or access to VA local area network (LAN) systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (SIC). These requirements are applicable to all subcontractor personnel requiring the same NACI Background Investigation. The level of background security investigation will be in accordance with VA Directive 0710, Personnel Security and Suitability Program, dated June 4, 2010 and is available at http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FType=2. Government Responsibilities After the SIC has adjudicated the background investigation package from the Contractor, the SIC will send an e-mail notification to the Contractor and their POC identifying the e-QIP website link that includes detailed instructions regarding completion of the background clearance application process and the level of background that was requested. Upon receipt of required investigative documents, the SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM. The Office of Personnel management will then conduct the background investigation. If the investigative documents are not complete, the SIC will notify the vendor of deficiencies and include corrective instructions.   VA will pay for investigations and reciprocals processed through the VA SIC and conducted by OPM in advance, however, the Contractor shall reimburse the full cost of background investigations/reciprocals to VA within 30 days of Bill of Collections from VA. VA shall send up to three plus one final delinquent notice to the Contractor. If the Contractor does not adhere to the Bill of Collections, future invoices may be subject to be offset by VA to recoup background investigation costs and may be considered grounds for default. The COR will notify and forward the Contractor a copy of the Certificate of Investigation when the background investigation has been favorably adjudicated or a Certificate of Eligibility (Form 4236) if the investigation has been reciprocated. The COR will also notify the Contractor of an unfavorable adjudication by the Government. 6.0 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 6.1. 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. 6.2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS 6.2.1. 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. 6.2.2. 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. 6.2.3. 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. 6.2.4. 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. 6.2.5. 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. 6.3. VA INFORMATION CUSTODIAL LANGUAGE 6.3.1. 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). 6.3.2. 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. 6.3.3. 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. 6.3.4. 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. 6.3.5. 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. 6.3.6. 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. 6.3.7. 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. 6.3.8. 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. 6.3.9. 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. 6.3.10. 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. 6.3.11. 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. 6.3.12. 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. 6.4. SECURITY INCIDENT INVESTIGATION 6.4.1. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR 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. 6.4.2. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. 6.4.3. 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. 6.4.4. 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. 6.5. LIQUIDATED DAMAGES FOR DATA BREACH 6.5.1. 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. 6.5.2. 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. 6.5.3. 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. 6.5.4. 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. 6.6. TRAINING. 6.6.1. 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 Awareness and Rules of Behaviortraining and annually complete required security training; - Successfully complete the appropriate VA privacy training and annually complete required privacy training; and - Successfully complete any additional cyber 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.] 6.6.2. The contractor shall provide to the contracting officer and/or the COTR 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. 6.6.3. 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. Attachment A VBA Contractor Background Investigation Request Worksheet Station Where Applicant Will Work: Station Name City: State: Station #: Station to be Billed for Clearance: Station Name City: Washington State: DC Station #: 101 Please provide the following information for each contract employee: Applicant s Full Name Social Security Number Date of Birth E-Mail Place of Birth (City, State, Country) Position Title Does applicant have a clearance pending or completed with OPM? Yes No If yes, what level? Type of Investigation Requested BI (High Risk) MBI (Moderate Risk) NACI (Low Risk) Is this a security upgrade to the contract you are currently working? No Yes Are you asking for a low risk clearance on a foreign national? No Yes VA COR VA COR Telephone VA COR E-Mail Address City/State/Zip Prime Contracting Company Name Prime Contracting Company POC POC Telephone POC E-Mail Address City/State/Zip Contract Title Task Order/Contract Number Obligation Number If you are a Sub, what is your Company Name? 7.0. APPENDICES. A. Estimated Workload Data B. Maps and/or Site Plans APPENDIX A ESTIMATED WORKLOAD DATA General Administrative CATEGORY I - Minimum Frequency Standards - BASIC SERVICES (These frequencies are minimums--the Contractor may perform more frequently, at no additional cost to government, if required to maintain level of service.) AREA TYPE M T W TH F PERIODIC SERVICES Maintain Floors X X X X X N/A Remove Trash X X X X X N/A Interior Glass/Mirrors X X X X X N/A Drinking Fountains X X X X X 19,089 sq. ft. Carpets X X X X X N/A General Spot Cleaning X X X X X N/A General Dusting (paragraph 1.1.10) X X X X X 19,089 sq. ft. Clean Carpets (paragraph 1.1.7.1) Weekly 4,300 sq. ft. Buff Floors (paragraph 1.3.1) As required N/A Wipe down plastic and leather furniture Monthly N/A Vacuum or clean all ceiling and wall air supply and exhaust grills and/or diffusers Monthly N/A Clean exterior/interior of microwave ovens (paragraph 1.3.6) Monthly N/A Clean exterior/interior of refrigerators, dispose of expired perishable items (paragraph 1.3.7) Quarterly 4,300 sq. ft. Strip, Scrub, Seal and Wax Floors (paragraph 1.3.1) Quarterly Clean Interior Windows (paragraph 1.3.2) Bi-annually N/A Dust venetian blinds Quarterly 19,089 sq. ft. Shampoo carpeted areas Bi-annually Clean exterior windows (paragraph 1.3.3) 3 Times Annually Public Areas CATEGORY II - Minimum Frequency Standards BASIC SERVICES (These frequencies are minimums--the Contractor may perform more frequently, at no additional cost to government, if required to maintain level of service.) AREA TYPE M T W TH F PERIODIC SERVICES 2,000 sq. ft. Maintain Floors X X X X X N/A Remove Trash X X X X X N/A Interior Glass/Mirrors X X X X X N/A Drinking Fountains X X X X X N/A General Spot Cleaning X X X X X N/A General Dusting (paragraph 1.1.10) X X X X X Sweep main entrance walkways X X X X X Sweep ancillary exterior concrete areas rear entrance, loading dock, side patio (paragraph 1.1.11) X X X X X Police all parking lot areas (paragraph 1.1.12) Weekly N/A Ensure patio umbrellas are lowered and secured (paragraph 1.1.14) X X X X X Seasonal require-ment N/A Wipe down vinyl furniture Weekly Clean interior windows (paragraph 1.3.2) Monthly Sweep parking lot curbs Quarterly Clean exterior windows 3 Times Annually 1,750 sq. ft. Steam Clean and Seal Travertine Flooring Bi-annually Minimum Frequency Standards RESTROOM SERVICES (These frequencies are minimums--the Contractor may perform more frequently, at no additional cost to government, if required to maintain level of service.) AREA TYPE M T W TH F PERIODIC SERVICES 310 sq. ft. Clean and Disinfect X X X X X N/A Descale Showers, Toilet Bowls and Urinals X X X X X 310 sq. ft. Wash and disinfect floors and baseboards X X X X X 310 sq. ft. Sweep and Mop Floors X X X X X N/A Remove Trash X X X X X N/A Restock Restroom Supplies X X X X X N/A Refill time metered air freshener dispensers Monthly APPENDIX B MAPS AND/OR SITE PLANS Floor Plan of the Regional Office facilities to be cleaned by the Contractor. Updated drawings reflecting any changes will be made available to the Contractor prior to contract implementation.
 
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