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THIS IS NOT A SOLICITATION ANNOUNCEMENT. THIS IS A REQUEST FOR INFORMATION ONLY. This Request for Information (RFI) is intended for information and planning purposes only at this time; and shall not be construed as a solicitation or as an obligation on the part of the Department of Veterans Affairs. Because this is a Request for Information announcement, no evaluation letters and/or results will be issued to the respondents. No solicitation exists. Therefore, do not request a copy of a solicitation.
The Department of Veterans Affairs (VA), VISN 8, Network Contracting Office 8 (NCO 8), is seeking information and potential qualified sources capable of meeting the following minimum requirements and salient characteristics below.
PERFORMANCE WORK STATEMENT
Legionella and Dental Water Line Sampling & Analysis and Water Management Plan Contract
PLACE OF PERFORMANCE: James A. Haley Veterans Administration Medical Center (JAHVAMC) main campus at 13000 Bruce B. Downs Blvd Tampa FL, Primary Care Annex at 1315 Lake Terrace Ln. Tampa FL and New Port Richey VA Dental Clinic at 7900 Little Road New Port Richey FL.
SCOPE OF WORK: The Contractor will provide all management, supervision, labor, materials, supplies and equipment, and will plan, schedule, coordinate and assure effective performance of all services described herein. This agreement will include the collection of water samples and the laboratory analysis of the collected water samples. Sampling will be conducted at the James Haley VA Hospital and its associated Outpatient Clinics.
This requirement will be ONLY for the QUARTERLY water sampling and testing for Legionella, Dental Water Line and Ground Water Sampling. Vendors selected for this award will be excluded from all sales of products and equipment required to address issues identified associated with testing results.
This is a Base plus four option year requirement.
Please note the option years may be exercised after determination that it is in the best interest of the Government and it has been determined that it is the most advantageous method of fulfilling the Government s need for these services.
SECURITY REQUIREMENTS: The C&A requirements do not apply, and a Security Accreditation Package is not required.
DESCRIPTION OF SERVICE/GENERAL INFORMATION
Hours of Operation and Scheduling: All work shall be accomplished during normal working hours 8:00AM - 5:00PM, Monday through Friday excluding Federal Holidays.
This service is to collect water samples and analyze the collected water samples in a healthcare environment in accordance with current VA standards and directives. The contractor will demonstrate an adequate standard of care when performing the sampling and analysis of water samples by utilizing published or enunciated, peer reviewed industry appropriate standards of practice.
Sampling Requirements:
The collection of samples will be performed in accordance with the protocol established by the laboratory used to analyze the samples and will be collected by person(s) trained/experienced/certified and knowledgeable of appropriate potable and non-portable water sampling standards of practice and laboratory sampling protocol. Samples will be stored and shipped in accordance with the laboratory sampling protocol.
The contractor will develop an annual schedule to include the dates and times planned to perform each quarterly sampling event. The schedule will consider all federally observed holidays. The schedule will be approved by the James Haley VA Hospital point of contact.
The contractor will confirm the dates and times of each quarterly sampling event with the James Haley VA Hospital point of contact at least two weeks prior to arrival onsite.
The contractor will be accompanied by James Haley VA Hospital staff during the course of the sampling as necessary. The contractor will not deviate from the original provisions of the contract unless specifically.
SPECIFIC TASKS
Legionella Specific Sampling
Hot and Cold Potable Water Distribution System Outlet Sampling
The contractor will sample outlets on designated buildings (Main Campus) hot and cold water distribution system(s) for Legionella on a quarterly basis (once per Federal Fiscal Year quarter).
The Contractor will develop a routine sampling plan utilizing appropriate standards of practice to accommodate a stratified, random sampling methodology to ensure that samples are representative of all water lines and outlets during each quarterly sampling event. In addition to the protocol to be used for identifying the random sampling locations, the sampling plan will include, but is not limited to the following content:
The sampling plan will include a means of easily identifying each sampled location (e.g., drawing, matrix, etc.)
The sampling plan will include a means of identifying the distribution system (i.e., hot or cold) from which the sample was collected.
Water Samples will be randomly collected from points in the water distribution systems listed in table 1 where the end user comes in contact with the water (e.g., faucets, showers, ice machines, and drinking fountains) and will be inclusive of all water lines and outlets. Samples will be collected in the quantities listed in table 1.
The COR shall be notified immediately (within 1 hour) of any hot water temperatures greater than 110 degrees F.
Cooling Tower System Sampling
The Contractor will sample the cooling tower system(s) for Legionella on a quarterly basis (once per Federal Fiscal Year quarter).
The contractor will develop a routine sampling plan utilizing appropriate standards of practice to accommodate an appropriate sampling methodology to ensure that samples are representative of the entire cooling tower system during each annual sampling event. The sampling plan will include, but is not limited to the following content and will be approved by the James Haley VA Hospital point of contact:
The sampling plan will include a means of easily identifying each sampled location (e.g., drawing, matrix, etc.).
The sampling plan will include a means of identifying the system from which the sample was collected.
At a minimum, water samples will be collected from each cooling tower system at the basin or sump of the cooling tower at a location distant from the incoming make-up water.
At the time each water sample is taken, the contractor will test and document the following for each sample: Water temperature, level of residual biocide, and pH. These water quality parameters will be tested in the field using appropriate test instruments, properly calibrated and traceable to a NIST standard.
Table No. 1 Test Frequencies and Quantities
Main Hospital and Primary Care Annex & NPR (Dental)
Sampled System/Area
Frequency
* Legionella Test Bundle
Total Heterotrophic Plate Count
Oxidant Residual
Water Quality Bundle
Hot Water Distribution Outlets
Quarterly
75
75
Cold Water Distribution Outlets
Quarterly
75
75
Potable Water Supply Points of Entry
Quarterly
3
3
3
Treadmill & Therapy Pool
Quarterly
2
2
Cooling Towers
Quarterly
10
10
10
Dental (PCA, TPA, Pasco)
Quarterly
200
Sample Analysis
Once collected, that contractor will have the samples processed by a testing laboratory with experience in microbial testing of potable and non-potable water.
Analysis of water samples will be performed by a laboratory currently certified by the Centers for Disease Control and Prevention (CDC) Environmental Legionella Isolation Techniques Evaluation (ELITE) program as proficient at performing the culture of Legionella from environmental samples. Information about ELITE certified laboratories can be found at https://wwwn.cdc.gov/elite/Public/MemberList.aspx .
In addition to the requirement for current CDC ELITE certification, the laboratory performing the analysis of water samples will have an environmental microbiology accreditation by a nationally recognized accrediting body (e.g., A2LA, NELAP).
The laboratory will analyze each water sample for Legionella by performing the tests listed in the Legionella Test Bundle identified in table 2. The laboratory will have the capabilities of determining if the Legionella pneumophila is serogroup 1.
When appropriate, the laboratory will concentrate water samples prior to plating the samples on selective media to increase the sensitivity of the assay. The Limit of Detection (LOD) used by the laboratory shall not be less than 0.4 CFU/ml. Example an LOD of 0.01 CFU/ml is NOT approved at this time.
The laboratory will neutralize biocides that have been added to the building s potable water distribution systems prior to analysis.
Rapid testing methods, such as polymerase chain reaction (PCR) and direct fluorescent antibody (DFA), are not permitted for the detection of Legionella in the water samples.
The laboratory shall have the capability to store specimens in the event that molecular testing is required to investigate a possible hospital acquired Legionella disease case.
Table 2 Legionella Test Bundle
Temperature
Residual Oxidant
pH
Legionella Serotypes - Lpn S1, Lpn S2-14, Legionella spp
Legionella Analysis Reports
Once analyzed, the laboratory will prepare and submit an analysis report to the James Haley VA Hospital point of contact.
The analysis report will include an enumeration of Legionella concentrations for each result above the quantification limit.
The analysis report will include the serogroup for all results determined to be above the quantification limit.
All quantifiable/enumerated results will be reported in CFU/ml. All results determined to be below the quantification limit will be reported as Negative .
Analysis reports will be submitted via email and hard copy to the James Haley VA Hospital point of contact.
Analysis report data in CEOSH Excel spreadsheet format shall be sent via email to James Haley VA Hospital contact.
The laboratory will have the capability to provide access to all sampling reports and supporting data through an internet-based tool at all times.
Oxidant Residual Sampling
Hot and Cold Potable Water Distribution System Outlet Sampling
The contractor will sample outlets on each building s hot and cold water distribution system(s) for oxidant residual on a quarterly basis (once per Federal Fiscal Year quarter).
The contractor will develop a routine sampling plan utilizing appropriate standards of practice to accommodate a stratified, random sampling methodology to ensure that samples are representative of all water lines and outlets during each quarterly sampling event. In addition to the protocol to be used for identifying the random sampling locations, the sampling plan will include, but is not limited to the following content and will be by the James Haley VA Hospital point of contact:
The sampling plan will include a means of easily identifying each sampled location (e.g., drawing, matrix, etc.)
The sampling plan will include a means of identifying the distribution system (i.e., hot or cold) from which the sample was collected.
Water samples will be randomly collected from points in the water distribution systems listed in table 1 where the end user comes in contact with the water (e.g., faucets, showers, ice machines, and drinking fountains) and will be inclusive of all water lines and outlets. Samples will be collected in the quantities listed in table 1.
The contractor will identify the applicable oxidant for which sampling and analysis will be performed and analyze samples for that oxidant only.
Oxidant Residual Sample Analysis
Once collected, the contractor will have the samples processed by a testing laboratory with experience in testing of potable and non-potable water.
Analysis of water samples will be performed by a laboratory currently certified by the Florida Department of Health to perform microbiological analysis of public drinking water. The laboratory will be proficient at performing the analysis of oxidant residual using ASTM method D1253-86: Standard Test Method for Residual Chlorine in Water from environmental samples.
In addition to the requirement for current Florida DOH certification, the laboratory performing the analysis of water samples will have an environmental microbiology accreditation by a nationally recognized accrediting body (e.g., A2LA, NELAP).
The laboratory will analyze each water sample for oxidant residual using ASTM method D1253-86: Standard Test Method for Residual Chlorine in Water or equivalent method utilized to quantify the residual concentration of the oxidant in use.
Oxidant Residual Analysis Reports
Once analyzed, the laboratory will prepare and submit an analysis report to the James Haley VA Hospital point of contact.
The analysis report will include an enumeration of oxidant residual concentrations for each result above the quantification limit.
All qualifiable/enumerated results will be reported in mg/L.
All results will be compared against the following minimum oxidant residual concentrations as applicable:
Chlorine (as free Chlorine) 0.5mg/L
Monochloramine 0.5mg/L
Chlorine Dioxide 0.3mg/L
All sample results exceeding the defined action levels will be conspicuously identified in the analysis report
Analysis reports will be submitted via email and hard copy to the James Haley VA Hospital point of contact.
The laboratory will have the capability to provide access to all sampling reports and supporting data through an internet-based tool at all times.
Oxidant residual results will be reported within 3 days (48-72 hours for analysis and 1 day for handling).
Potable Water Quality Supply Sampling
The contractor will sample outlets on each building s potable water supply for water quality on a quarterly basis (once per Federal Fiscal Year quarter).
The contractor will develop a routine sampling plan utilizing appropriate standards of practice to accommodate an appropriate sampling methodology to ensure that samples are representative of incoming supply of potable water during each annual sampling event. The sampling plan will include, but is not limited to the following content and will be approved by the James Haley VA Hospital point of contact:
The sampling plan will include a means of easily identifying the sampled location (e.g., drawing, matrix, etc.)
The sampling plan will include a means of identifying the system from which the sample was collected.
At a minimum, water samples will be collected from the incoming potable water supply to the buildings.
Samples will be collected in the quantities listed in table 1.
The temperature of each sample will be taken at the time of collection.
Potable Water Quality Analysis
Once collected, that contractor will have the samples processed by a testing laboratory with experience in testing of potable and non-potable water.
Analysis of water samples will be performed by a laboratory currently certified by the Florida Department of Health (DOH) to perform microbiological analysis of public drinking water. The laboratory will be proficient at performing the water quality test methods listed in table 3.
In addition to requirement for current Florida DOH certification, the laboratory performing the analysis of water samples will have an environmental microbiology accreditation by a nationally recognized accrediting body (e.g., A2LA, NELAP).
The laboratory will analyze each water sample for the total suspended solids, pH, and hardness using the approved test methods listed in table 3.
Potable Water Quality Analysis Reports
Once analyzed, the laboratory will prepare and submit an analysis report to the James Haley VA Hospital point of contact.
The analysis report will include an enumeration of water quality concentrations for each result above the quantification limit.
All quantifiable/enumerated will be reported in the following units:
TSS - mg/L
Hardness mg/L as CaCO3
pH pH units
All results will be compared against the following maximum and minimum drinking water quality standards as applicable. All sample results determined to be above or below the drinking water quality standards will be conspicuously identified in the analysis report.
Water temperatures taken at the time the sample was collected will be included on the analysis report for each sample.
Analysis reports will be submitted via email and hard copy to the James Haley VA Hospital point of contact.
The laboratory will have the capability to provide access to all sampling reports and supporting data through an internet-based tool at all times.
Water Quality results will be reported within 3 days (48-72 hours for analysis and 1 day for handling).
The laboratory will have the capability to provide access to all sampling reports and supporting data through an internet-based tool at all times.
Table No. 3 Water Quality Test Bundle
Test
Acceptable Methods
Total Suspended Solids (TSS)
EPA Method: 160.2
pH
Standard Method 4500H
EPA Method 150.1
EPA Method 150.2
Hardness
Standard Method 2340
EPA Method 130.2
Heterotrophic Plate Count Specific Sampling (Dental Water Line Sampling)
The contractor will sample the contractor will sample Dental Water Lines for Heterotrophic Plate Count on a quarterly basis (once per Federal Fiscal Year quarter).
Contractor will develop a routine sampling plan utilizing appropriate standards of practice to accommodate a sampling methodology to ensure that samples are representative of all water lines and outlets during each quarterly sampling event. The sampling plan will be consistent with the James Haley VA Hospital Dental Service Waterline Testing and Treatment Standard Operating Procedure.
Dental Water Line sampling requires the manipulation of instruments and equipment. Special instructions or assistance from James Haley VA Hospital will be necessary to collect the samples appropriately and safety and in order to prevent damage to equipment.
In addition to protocol to be used for identifying the sampling locations, the sampling plan will include, but is not limited to the following content and will be approved by the James Haley VA Hospital point of contact:
The sampling plan will include a means of easily identifying each sampled location (e.g., drawing, matrix, etc.)
The sampling plan will include a means of identifying the distribution system (i.e., hot or cold) from which the sample was collected.
Samples will be collected in the quantities listed in table 1 and as defined in the James Haley VA Hospital Dental Service Waterline Testing and Treatment Standard Operating Procedure.
Heterotrophic Plate Count Sample Analysis
Once collected, the contractor will have the samples processed by a testing laboratory with experience in microbial testing of potable and non-potable water.
Analysis of water samples will be performed by a laboratory currently certified by the Florida Department of Health to perform microbiological analysis of public drinking water. The laboratory will be proficient at performing the analysis of Heterotrophic Plate Count (HPC) using EPA/ELAP method SM 9215B from environmental samples.
In addition to the requirement for current Florida EPA certification, the laboratory performing the analysis of water samples will have an environmental microbiology accreditation by a nationally recognized accrediting body (e.g., A2LA, NELAP).
The laboratory will analyze each water sample for Heterotrophic Plate Count (HPC) using EPA/ELAP method SM 9215B.
Heterotrophic Plate Count Analysis Report
Once analyzed, the laboratory will prepare and submit an analysis report to the James Haley VA Hospital point of contact.
The analysis report will include an enumeration of Heterotrophic Plate Count concentrations for each result above the quantification limit.
All quantified/enumerated results will be reported in CFU/ml. All results determined to be below the quantification limit will be reported as Negative .
All results will be compared against the action levels listed in the James Haley VA Hospital Dental Service Waterline Testing and Treatment Standard Operating Procedure and identify the appropriate corrective actions. All sample results exceeding the defined action levels will be conspicuously identified in the analysis report.
Analysis reports will be submitted via email and hard copy to the James Haley VA Hospital point of contact.
The laboratory will have the capability to provide access to all sampling reports and supporting data through an internet-based tool at all times.
Heterotrophic Plate Count results will be reported within 3 days (48- hours for culture growth @35 degrees Celsius and 1 day for handling).
The laboratory will have the capability to provide access to all sampling reports and supporting data through an internet-based tool at all times.
Supplemental Water Sampling
In addition to the planned sampling previously identified, supplemental water sampling will be performed when determined necessary and only when authorized by the James Haley VA Hospital point of contact. The number of samples to be taken will vary depending on facility s need. For the purpose of bidding, the contractor will provide a proposal that considers sampling and analysis.
Table No. 4
Legionella Test Bundle
50
Total Heterotrophic Plate Count
50
Oxidant Residual
50
Bacterial Endotoxin
50
Temperature
50
pH
50
Hardness
50
Suspended Solids
50
Healthcare Associated Legionella Disease Prevention Plan (Water Management Plan) Verification
The Contractor shall perform onsite survey of the Client s Water System(s) in Buildings 1, 30, 38, 54, 53, 68, and 100 including review of existing Water Management Plan. Based on information gathered in the site survey, the Contractor may collect hazard control profile data; locations will be determined during the site survey.
Water Management Plan documents will include:
Executive Summary -Program Goals
Master Document List
Water Management Team Identification
Water System Surveys
Process Flow Documents
System Analysis
Program Controls Summary-control measures, control locations, control limits, monitoring, corrective actions
Validation Criteria
Validation Response Plan/Contingency Response Plan
Verification and Validation Schedule
Supporting Documents
Risk Characterization Matrix
COMPLIANCE. The contractor shall be fully responsible for compliance with all VA, local, state, and Federal occupational safety laws, rules, and regulations. The contractor shall follow life and safety codes and take necessary actions to avoid conditions that may be hazardous to the health and safety of hospital personnel and patients. The contractor is responsible for meeting all applicable OSHA and VA guidelines for safe working procedures; example lockout/tag out if applicable. All work for the duration of the contract shall be performed by certified trained technicians.
CONTRACTOR EMPLOYEES. Contractor personnel shall present a neat appearance and be easily recognized as contract employees.
CHANGES TO STATEMENT OF WORK. Any changes to this SOW 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 (or designee) shall be borne by the contractor.
HOURS OF OPERATION AND SCHEDULING:
All work will be completed after Normal (8 am to 5 pm) business hours and on weekends
National Holidays observed by the Federal Government are:
New Year s Day . January
Martin Luther King s Birthday 3rd Monday in January
President s Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran s Day November 11th
Thanksgiving Day Last Thursday in November
Christmas Day December 25th
Note: This includes any other day declared by the President of the United States to be a national holiday.
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
The contractor shall be evaluated in accordance with the following QASP.
1. PURPOSE
This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:
What shall be monitored.
How monitoring shall take place.
Who shall conduct the monitoring.
How monitoring efforts and results shall be documented.
This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government s responsibility to be objective, fair, and consistent in evaluating performance.
This QASP is a living document and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.
2. GOVERNMENT ROLES AND RESPONSIBILITIES
The following personnel shall oversee and coordinate surveillance activities.
Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the Department of Veteran Affairs (VA) in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor s performance.
Assigned Contracting Officer: Walida Moore-Saintil
Contracting Officer s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government s behalf.
Assigned COR: James Watson and Jennifer Eakes
3. CONTRACTOR REPRESENTATIVES
The following employees of the contractor serve as the contractor s program manager for this contract.
1. Program Manager -
2. Other Contractor Personnel -
4. PERFORMANCE STANDARDS:
Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these standards.
The Performance Requirements are listed below. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).
ID
Performance Standard
Quality Standard
Method of Surveillance
Incentives
1
The contractor technician must have through knowledge and experience of water sampling established by the laboratories and applicable field analysis parameters.
The technician is
knowledgeable
and experienced in water sampling protocols established by the laboratories and applicable field analysis parameters.
Direct Observation by COR/Project Manager
Incentives: Favorable contactor performance evaluation
Disincentive: Unfavorable contractor performance evaluation
Repeated violation may result in termination of services
2
The contractor must complete all quarterly sampling, analysis, and report submissions within specified timeframes during the Contract Performance Period.
Contractor shall provide written reports on all sampling and analysis activities within 10 days of sample date.
Direct Observation by COR/Project Manager
Incentives: Favorable contactor performance evaluation
Disincentive: Unfavorable contractor performance evaluation
Repeated violation may result in termination of services
3
The contractor shall respond to all follow up (repeat) sampling requests within 48 hours of notification.
Contractor shall provide written reports on all sampling and analysis activities within 10 days of sample date.
Direct Observation by COR/Project Manager
Incentives: Favorable contactor performance evaluation
Disincentive: Unfavorable contractor performance evaluation
Repeated violation may result in termination of services
5. INCENTIVES/DISINCENTIVES
The Government shall use favorable contractor performance evaluations as incentives. Incentives/Disincentives shall be based on exceeding, meeting, or not meeting performance standards.
6. PROCEDURES/METHODS OF QA SURVEILLANCE
Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.
a. Direct Observation. Direct observation can be performed periodically or through 100% surveillance.
b. Students complaints. Any complaint data is reviewed by the CO/COR and any validated complaints against a contractor will be further investigated.
7. RATINGS
Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:
Positive Outcome: No more than 1incident of not meeting the performance standard during the period of performance.
Neutral Outcome: No more than 3 incidents of not meeting the performance standard during the period of performance.
Negative Outcome: More than 3 incidents of not meeting the performance standard during the period of performance.
8. DOCUMENTING PERFORMANCE
a. Acceptable Performance
The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.
b. Unacceptable performance
When unacceptable performance occurs, the COR shall inform the Contracting Officer (CO). This shall normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in their respective file.
When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the CO. The CO will in turn review and submit to the contractor s program manager for corrective action.
The contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR shall also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability.
Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.
9. FREQUENCY OF MEASUREMENT
a. Frequency of Measurement.
During contract performance, the COR will periodically analyze whether the frequency of surveillance is appropriate for the work being performed.
b. Frequency of Performance Assessment Meetings.
The COR shall conduct a performance assessment meeting with the contractor if negative trends are identified, otherwise an annual performance assessment report will be completed and uploaded into the Contractor Performance Assessment Reporting System (CPARS).
10. CONFIDENTIALITY AND NONDISCLOSURE
No sensitive data will be accessed or created for this contract.
11. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE
VA INFORMATION CUSTODIAL LANGUAGE:
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.
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.
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.
SECURITY INCIDENT INVESTIGATION:
The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
LIQUIDATED DAMAGES FOR DATA BREACH:
Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
SECURITY CONTROLS COMPLIANCE TESTING:
On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all 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.
12. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS
RECORDS MANAGEMENT OBLIGATIONS
A. Â Applicability
This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists. Â
B. Â Definitions
Federal record as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. Â
The term Federal record:
includes [Agency] records.Â
does not include personal materials.
applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.
may include deliverables and documentation associated with deliverables.
C. Â Requirements
Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.Â
In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.Â
In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.Â
James A. Haley Veterans Hospital and Clinics and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of James A. Haley Veterans Hospital and Clinics or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to James A. Haley Veterans Hospital and Clinics. The agency must report promptly to NARA in accordance with 36 CFR 1230.
The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to James A. Haley Veterans Hospital and Clinics control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and James A. Haley Veterans Hospital and Clinics guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with James A. Haley Veterans Hospital and Clinics policy.Â
The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans Hospital and Clinics information that are not specifically tied to or authorized by the contract.Â
The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.Â
James A. Haley Veterans Hospital and Clinics owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which James A. Haley Veterans Hospital and Clinics shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
Training. Â All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take James A. Haley Veterans Hospital and Clinics-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.Â
[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]Â
D. Â Flowdown of requirements to subcontractors
The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.Â
Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
Records Management Language for Contracts | National Archives
(Attachment 1)
QUALITY ASSURANCE MONITORING FORM
SERVICE or STANDARD:
SURVEY PERIOD:
SURVEILLANCE METHOD (Check):
r Random Sampling r 100% Inspection r Periodic Inspection r Customer Complaint
LEVEL OF SURVEILLANCE (Check):
r Monthly r Quarterly r As needed
PERCENTAGE OF ITEMS SAMPLED DURING SURVEY PERIOD: ______ %
ANALYSIS OF RESULTS:
Observed Service Provider Performance Measurement Rate: ______%
Service Provider s Performance (Check): r Meets Standards
r Does Not Meet Standards
Narrative of Performance During Survey Period:
PREPARED BY: ___________________________________ DATE: _________________
Contract Discrepancy Report (Attachment 2)
Contract No.
Report No. for this Discrepancy:
Contractor/Manager s Name:
From: (Name of Project Officer)
Dates
Prepared:
Returned by Contractor:
Action Complete:
Discrepancy or Problem:
Signature of Contracting Officer:
To: (Contracting Officer)
From: (Contractor)
Contractor Response as to Cause, Corrective Action and Actions to Prevent Recurrence (Attach Continuation Sheet if Necessary)
Signature of Contractor Representative:
Date:
Government Evaluation:
Government Actions:
Close Out
Name
Title
Signature
Date
Contractor Notified
Project Officer
Contracting Officer
The information identified above is intended to be descriptive, not restrictive and to indicate the quality of the services that will be satisfactory. It is the responsibility of the interested source to demonstrate to the government that the interested parties can provide the services that fulfill the required specifications mentioned above.
Responses to this RFI should include company name, address, point of contact, phone number, and point of contact e-mail, DUNS Number, Cage Code, size of business pursuant to North American Industrial Classification System (NAICS) 541620 (size standard of $19.0 Million). Please answer the following questions:
(1) Please indicate the size status and representations of your business, such as but not limited to: Service-Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), HUBZone, Woman Owned Small Business (WOSB), Large Business, etc.)?
(2) Is your company considered small under the NAICS code identified under this RFI?
(3) Are you the manufacturer, distributor, or an equivalent solution to the items being referenced above?
(4) If you are a large business, do you have any designated distributors? If so, please provide their company name, telephone, point of Contact and size status (if available).
(5) If you re a small business and you are an authorized distributor/reseller for the items identified above or an equivalent solution, do you alter; assemble; modify; the items requested in any way? If you do, state how and what is altered; assembled; modified?
(6) If you intend to subcontract any work on this contract, what portion of the total cost will be self-performed/will be performed by your organization? Please provide estimated detailed percentage breakdowns related to subcontracted work and completion of job.
(7) Does your company have an FSS contract with GSA or the NAC or are you a contract holder with any other federal contract? If so, please provide the contract number.
(8) If you are an FSS GSA/NAC contract holder or other federal contract holder, are the items/solution you are providing information for available on your schedule/contract?
(9) General pricing of your products/solution is encouraged. Pricing will be used for the purpose of market research only. It will not be used to evaluate for any type of award.
(10) Please submit your capabilities in regard to the salient characteristics detailed above and any information pertaining to equal to items to establish capabilities for planning purposes?
(11) Please review salient characteristics/statement of work (if applicable) and provide feedback or suggestions. If none, please reply as N/A.
(12) Please provide your UEI number.
*** Submissions addressing number (10) should show clear, compelling and convincing*** evidence that all equal to items" meet all the salient characteristics.
This RFI will be conducted in accordance with Federal Acquisition Regulation (FAR) Part 13. Telephone responses will not be accepted. Responses must be received via e-mail to Walida.MooreSaintil@va.gov no later than, 11:00 AM Eastern Standard Time (EST) on July 29, 2026. This notice will help the VA in determining available potential sources only. Do not contact VA Medical Center staff regarding this requirement, as they are not authorized to discuss this matter related to this procurement action. All questions will be addressed by the Contracting Officer, Walida Moore-Saintil.
All firms responding to this Request for Information are advised that their response is not a request for proposal, therefore will not be considered for a contract award.
If a solicitation is issued, information will be posted on the FedBizOpps (FBO) web site for all qualified interested parties at a later date and interested parties must respond to the solicitation to be considered for award. This notice does not commit the government to contract for any services. The government will not pay for any information or administrative cost incurred in response to this Request for Information. Information will only be accepted in writing by e-mail to Contracting Officer at Walida.MooreSaintil@va.gov .
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. 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.
End of Document