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FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 17, 2018 FBO #5958
DOCUMENT

D -- FY18 EES Protrack Administrative COTSEES (VA-18-00001320) 116-18-1-4164-0009 - Attachment

Notice Date
3/15/2018
 
Notice Type
Attachment
 
NAICS
541519 — Other Computer Related Services
 
Contracting Office
Department of Veteran Affairs;PCAC-ST. LOUIS;11152 South Towne Square;Saint Louis MO 63123
 
ZIP Code
63123
 
Solicitation Number
36C77718Q9079
 
Archive Date
4/14/2018
 
Point of Contact
William Singleton
 
E-Mail Address
4.6656
 
Small Business Set-Aside
N/A
 
Description
Synopsis: This notice is a Notice of Intent (NOI). This notice is published in accordance with Federal Acquisition Regulation (FAR) 5.101(a)(1) requiring dissemination of information regarding proposed contract actions. This is a Notice of Intent to award a Sole Source Firm-Fixed Price Contract under the authority of 41 U.S.C. 3304(a)(1), as implemented by FAR 13.106-1(b) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements., and is not a request for competitive quotes. The Department of Veterans Affairs, Office of Employee education Systems intends to award a firm-fixed price sole source contract to Myers Information Systems 19R Hawley Street North Hampton, MA 01060. This contract will include: Title of Contract: Myers Information Systems hardware and software support for the Protrack On Air scheduling system. Scope of Work: The contractor shall provide all labor, supervision and other resources required to deliver hardware and software support for the Protrack On Air scheduling system to include the recently developed and deployed API module necessary to integrate The Employee Education System s (EES) Media Asset Management (MAM) platform with the Protrack scheduling platform. 3. Background: 3.1. Employee Education System (EES) Media Services is the largest VA provider for employee education satellite services. As a recognized Veterans Health Administration (VHA) leader and trendsetter in media services, EES delivers the highest quality products using a wide array of media to meet customer expectations. The traditional paper printing methods coupled with the technology advancements in distance learning are leveraged to create products in alternative formats to meet the diverse customer needs. As the VHA key source for training delivery, EES assists customers in conceptual design, media selection, production scheduling, contract specification development, performance monitoring, and content delivery through various channels. 3.2. EES Media Services has accountability and responsibility for the design, creation, production, and delivery of information products for 280,000 VA customers. 3.3. EES utilizes Myers Information Systems Protrack scheduling software to track all training content inventory and schedule that content to air via a playback automation system. EES simply seeks to extend its maintenance agreement with Myers Information Systems for hardware and software support for the Protrack On Air scheduling system developed by Myers Information Systems. 4. Period of Performance: The period of performance shall be one year from date of award and 2 one year option periods. 4.1. Government Recognized Holidays. Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below. New Year s Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day 5. Place of Performance: Work shall be performed at the contractor s site. Telephone and email support is required. 6. Type of Contract: The Government anticipates award of a Firm Fixed-Price contract. 7. Objectives: 7.1 Provide hardware support, software updates/patches when issues arise and are notified by the COR 7.2 VA COR shall be able to download patches via Vendors portal or via email attachment. 7.3 Technical support shall be available between the hours of 8-4 CST. 8. Contract Award Meeting: The contractor shall not commence performance on the tasks in this PWS until the Contracting Officer has conducted a kick off meeting, or has advised the contractor that a kick off meeting is waived. 9. General Requirements: 9.1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, and along with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan. 9.2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms. 9.3. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor s quality control program is the means that the work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Attachment 1, Quality Assurance Surveillance Plan (QASP). After acceptance of the quality control plan the contractor shall receive the contracting officer s acceptance in writing of any proposed change to the Quality Control system. 10. Formal Acceptance or Rejection of Deliverables:   The Government will review each deliverable and provide feedback/comments.   The contractor shall have five business days to incorporate feedback/comments and make appropriate revisions. The contractor shall provide the revised version of each deliverable to the Contracting Officer s Representative (COR). The COR will review and determine final acceptance by the Government. The COR will notify the contractor of final acceptance within five business days. 11. Changes to the PWS: Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer. 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 Contracting Officer shall be borne by the contractor. 12. Contractor Reporting Requirements: 12.1. Status summary 12.2. Issue status (new, open, and closed since last report) 12.3 The contractor shall notify the Project Manager, COR and Contracting Officer, in writing, if problems arise that could adversely impact the performance of the order. 13. Travel: There will be no travel authorized in the performance of the contract 14. GOVERNMENT RESPONSIBILITIES [If applicable] The government will not be providing any Government furnished property in execution of this award. 15. CONTRACTOR EXPERIENCE REQUIREMENTS KEY PERSONNEL 15.1. These skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract and subsequent task orders and option. These are defined as key personnel and are those persons whose resumes were submitted. The contractor agrees that the key personnel shall not be removed, diverted, or replaced from work without approval of the CO and COTR. 15.2. Any personnel the contractor offers as substitutes shall have the ability and qualifications equal to or better than the key personnel being replaced. Requests to substitute personnel shall be approved by the COR and the CO. All requests for approval of substitutions in personnel shall be submitted to the COR and the CO within 30 calendar days prior to making any change in key personnel. The request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution. The contractor shall submit a complete resume for the proposed substitute, any changes to the rate specified in the order (as applicable) and any other information requested by the CO needed to approve or disapprove the proposed substitution. The CO will evaluate such requests and promptly notify the contractor of approval or disapproval thereof in writing. 16. Confidentiality and Disclosure: 16.1. It is agreed that: 16.1.2. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the contract. 16.1.3. The Contracting Officer will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this contract, presented to the contractor, shall be submitted to the Contracting Officer for response. 16.1.4. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer. 17. Security Requirements Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. 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. 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. 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. 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. B. VA INFORMATION CUSTODIAL LANGUAGE Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 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. C. SECURITY INCIDENT INVESTIGATION The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. D. LIQUIDATED DAMAGES FOR DATA BREACH Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) 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; (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); 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. 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: 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. E. TRAINING a. 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 relating to access to VA information and information systems; Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security/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.] b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificate 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. c. Failure to complete the mandatory annual training and sign the Contractor 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. CONTRACTOR PERSONNEL SECURITY Background Investigations and Special Agreement Checks (SAC) All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information and VA information systems. The position sensitivity for this effort has been designated as low risk and the level of background investigation is National Agency Check with Written Inquiries (NACI). This requirement is applicable to all subcontractor personnel requiring the same access. (2) The contractor employee is required to submit all requested paperwork to appropriate VA staff for the background investigation within requested timeframe. Contractor Responsibilities (1) The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days. (2) Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. Security and Investigations Center staff will verify the information and advise the contracting officer whether access to the computer systems can be authorized. (3) The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language without the use of an interpreter.  (4) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. (5) Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. (6) The contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident. Government Responsibilities (1) The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses. (2) Upon receipt, the VA Security and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. (3) The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days. (4) The VA Security and Investigations Center (07C) will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM. INTERNET/INTRANET The contractor shall comply with Department of Veterans Affairs (VA) Directive 6102 and VA Handbook 6102 (Internet/Intranet Services). VA Directive 6102 sets forth policies and responsibilities for the planning, design, maintenance support, and any other functions related to the administration of a VA Internet/Intranet Service Site or related service (hereinafter referred to as Internet). This directive applies to all organizational elements in the Department. This policy applies to all individuals designing and/or maintaining VA Internet Service Sites; including but not limited to full time and part time employees, contractors, interns, and volunteers. This policy applies to all VA Internet/Intranet domains and servers that utilize VA resources. This includes but is not limited to va.gov and other extensions such as,.com,.edu,.mil,.net,.org, and personal Internet service pages managed from individual workstations. VA Handbook 6102 establishes Department-wide procedures for managing, maintaining, establishing, and presenting VA Internet/Intranet Service Sites or related services (hereafter referred to as Internet ). The handbook implements the policies contained in VA Directive 6102, Internet/Intranet Services. This includes, but is not limited to, File Transfer Protocol (FTP), Hypertext Markup Language (HTML), Simple Mail Transfer Protocol (SMTP), Web pages, Active Server Pages (ASP), e-mail forums, and list servers. VA Directive 6102 and VA Handbook 6102 are available at: Internet/Intranet Services Directive 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=409&FType=2 Internet/Intranet Services Handbook 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=410&FType=2 In addition, any technologies that enable a Network Delivered Application (NDA) to access or modify resources of the local machine that are outside of the browser's   sand box" are strictly prohibited. Specifically, this prohibition includes signed-applets or any ActiveX controls delivered through a browser's session. ActiveX is expressly forbidden within the VA while.NET is allowed only when granted a waiver by the VA CIO *PRIOR* to use. JavaScript is the preferred language standard for developing relatively simple interactions (i.e., forms validation, interactive menus, etc.) and Applets (J2SE APIs and Java Language) for complex network delivered applications. The associated North American Industry Classification System (NAICS) code for this procurement is 541519 with a small business size of $27.5 M. Myers Information Systems is a small business. This will be the only notice of the Government s intent to solicit, negotiate, and award to one source to satisfy this requirement. The Government plans to award a contract for this requirement within 30 days of this notice. While this synopsis does not constitute a solicitation, interested vendors may identify their interest and capability to satisfy this requirement. The Government understands that Myers Information Systems is the only vendor which can provide the requested services for EES. However firms that believe they can provide the capability required to fully meet the Government s requirement may submit in writing, a capability statement, proposal or quotation that will be considered by this agency to the identified point of contact within five (5) days after publication of this notice. Such documentation shall be evaluated solely for the purpose of determining whether or not to conduct this procurement on a competitive basis. A determination not to compete this requirement based upon responses to this notice is solely within the discretion of the Government. Interested parties may identify their interest and capability to respond to this requirement or submit offers on 36C77718Q9079. For additional information or to submit responses, please contact William Singleton, mailto:william.singleton2@va.gov
 
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File Name: 36C77718Q9079 36C77718Q9079.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=4152225&FileName=36C77718Q9079-000.docx)
Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=4152225&FileName=36C77718Q9079-000.docx

 
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