SOLICIATION NUMBER: 36C24523Q0879 INTENT TO SOLE SOURCE THIS IS AN INTENT TO SOLE SOURCE ANNOUNCEMENT AND IT IS FOR INFORMATION & PLANNING PURPOSES ONLY; IT IS NEITHER A SOLICITATION ANNOUNCEMENT, NOR A REQUEST FOR INFORMATION, PROPOSALS OR QUOTES AND DOES NOT OBLIGATE THE GOVERNMENT TO AWARD A CONTRACT. IF A VENDOR RESPONDS TO THIS INTENT TO SOLE SOURCE, THE VENDOR WILL NOT RECEIVE A RESPONSE. THE PURPOSE OF THIS INTENT TO SOLE SOURCE ANNOUNCEMENT IS FOR MARKET RESEARCH, IN ORDER TO MAKE APPROPRIATE ACQUISITION DECISIONS, AND TO GAIN KNOWLEDGE OF POTENTIALLY QUALIFIED SERVICE-DISABLED VETERAN OWNED SMALL BUSINESSES, VETERAN OWNED SMALL BUSINESSES, 8(A), HUBZONE AND OTHER SMALL BUSINESSES WHO STATE THEY ARE CAPABLE OF PERFORMING THE WORK. IN THE EVENT THAT A VENDOR DISAGREES WITH THIS SOLE SOURCE, THEN DOCUMENTATION OF TECHNICAL EXPERTISE MUST BE PRESENTED IN SUFFICIENT DETAIL FOR THE GOVERNMENT TO DETERMINE THAT YOUR COMPANY POSSESSES THE NECESSARY FUNCTIONAL AREA EXPERTISE AND EXPERIENCE TO COMPETE FOR THIS ACQUISITION. IF A VENDOR DOES RESPOND, THEN IT SHALL SUBMIT THE FOLLOWING: RESPONSES TO THIS NOTICE SHALL INCLUDE THE FOLLOWING: (A) COMPANY NAME (B) ADDRESS (C) POINT OF CONTACT (D) PHONE, FAX, AND EMAIL (E) DUNS NUMBER (F) CAGE CODE (G)TAX ID NUMBER (H) TYPE OF SMALL BUSINESS, E.G. SERVICES DISABLED VETERAN OWNED SMALL BUSINESS, VETERAN-OWNED SMALL BUSINESS, 8(A), HUBZONE, WOMEN OWNED SMALL BUSINESS, SMALL DISADVANTAGED BUSINESS, OR SMALL BUSINESS HUBZONE BUSINESS, (I) WILL YOUR COMPANY BE PERFORMING THE WORK? OR DO YOU PLAN ON SUB-CONTRACTING OUT THE WORK? AND (J) MUST PROVIDE A CAPABILITY STATEMENT THAT ADDRESSES THE ORGANIZATIONS QUALIFICATIONS AND ABILITY TO PERFORM AS A CONTRACTOR FOR THE WORK DESCRIBED BELOW. **THIS INTENT TO SOLE SOURCE NOTICE WILL EXIPRE ON JULY 18 @ 1:00 PM, EST.** ***IF THERE ARE ANY OBJECTIONS TO THIS SOLE SOURCE, CONTACT THE CONTRACTING OFFICER AT
[email protected].*** AREAS TO BE SERVICED: Washington DC VAMC - BIOENGINEERING 50 Irving Street NW Washington, DC 20422 **Required if Response if Given** ALL RESPONDENTS SHALL INCLUDE and SUBMIT THE FOLLOWING: Responses to this Request for Information (RFI) shall include company name, address, point of contact, phone number, point of contact e-mail, DUNS Number, Cage Code, size of business pursuant to North American Industrial Classification System (NAICS) 334610, (size standard of 1,250 employees, per SBA Table of Small Business Size Standards August 19, 2019) AND whether your company is a special socio-economic status (i.e., SDVOSB, VOSB, Small Business, HUBZone, etc.) Respondents shall answer the following questions: 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), Small Business (SB), Large Business, etc. Is your company considered small under the NAICS code identified under this RFI? (Size standard of = or < $30M, per SBA Table of Small Business Size Standards August 19, 2019) Is your company a large business? Does your company have an FSS contract with GSA or the VA NAC or a GWAC contract holder with any other federal agency? If so, please provide the contract number. If your company holds a FSS GSA/VA NAC contract other federal GWAC contract holder, are the services requested available on your schedule/contract? General pricing of your products 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. Information provided by potential sources will be utilized by the Government to determine market availability and procurement strategy. **A contract award will not result from this RFI Notice. Vendors who can meet the requirements listed above shall provide the following information: Business Name Business Address Business Point of Contact, including phone number and email address Business size Business Socioeconomic Status Federal Supply Scheduling (FSS) number, if the items required by the Government are available for purchase on an FSS contract. Any other pertinent capability information that relates to the above stated requirement. ***WILL YOUR COMPANY BE DOING ALL OF THE WORK? IF NOT, WILL YOUR COMPANY BE SUB-CONTRACTING OUT THE WORK?***MUST ANSWER*** STATEMENT OF WORK SCOPE OF WORK: The Contractor shall provide all labor, personnel, equipment, tools, materials, parts, supervision and other items and services necessary to perform software service and maintenance to support the Varian ARIA, Eclipse, Mobius, and DoseLab (see table below) software systems at the Washington DC Veterans Affairs Medical Center, 50 Irving Street NW, Washington, DC 20422 from July 30, 2023 through July 29, 2024 plus four option years. All work completed by the Contractor shall be performed by a certified Varian technician and/or engineer. Software Name ARIA Radiation Oncology - Essentials TPS Eclipse - Essentials Mobius Patient QA - QA Elements DoseLab Machine QA - QA Elements Full Service contract to include: Vendor will perform the full annual program for the Periodic Maintenance Inspections (PMI) in accordance with Varian specifications. Vendor will perform all mandatory upgrades for safety and reliability modifications for the covered system. Vendor will provide all parts necessary, to keep the Covered System functioning properly and will supply parts only purchased from, delivered and installed by the the vendor. Vendor will undertake every business effort to transport the parts to customer site as fast as reasonably possible. Vendor will provide on-site field service support for the Covered Equipment on weekdays. Vendor will provide on-site emergency field service support for the covered equipment for issues that cannot be resolved by telephone or through remote support SmartConnect. Vendors help desk specialists will provide technical support for the Covered Equipment. Support is available over telephone, through the vendor portal, and by e-mail. Vendor will provide remote diagnostics and support for service of a defect or an error that cannot be resolved by telephone or e-mail. Vendors help desk specialists will provide clinical product support for the Covered Equipment. Vendor will maintain the functionality of existing interfaces that were created by the vendor. Vendor will perform all modifications and changes to exisitin gand working interfaces that are required ue to a Varian software update/upgrade. Vendor provided Firmware Upgrade Releases and necessary Maintenance Releases to items listed in the Covered Equipment section. Any training associated with the upgrade is covered and will be provided. 1. EQUIPMENT: The contractor shall provide all tools and equipment necessary to properly and safely perform the services set forth within this statement of work. This shall include, but is not limited, to all Personal Protective Equipment (PPE) which may be required for the work to be completed in a safe manner. 2. AREAS TO BE SERVICED: Washington DC VAMC 50 Irving Street NW Washington, DC 20422 3. TASK FREQUENCY AND INSTRUCTIONS: The contractor shall be available 24/7 phone support for the Varian System. The contractor will provide live support from 8:00am-5:00pm and on-call support outside of that time period. During standard hours, Monday-Friday 8:00 am to 5:00pm, the contractor will return telephone calls within thirty (30) minutes. If on-site support is required, the contractor will dispatch a Varian Field engineer within two (2) business days of customers call or otherwiase mutually agreed upon time. If the Linear Accelerator system is inoperable a Varian Field engineer will be dispatched within four (4) hrs of Customer s call. This will be a single visit, be it a single day or multiple days, at the facility for a period sufficient to complete the work set forth in the scope of work. This visit is to be scheduled in advance with the DC VAMC s Biomedical Engineering department. Contractor shall check in with Biomedical Engineering prior to visitng the worksite. Service report shall be provided within 5 business days of work completion. Contractor shall submit all removable media to be used on a VA system to Biomedical Engineering for scanning with anti-virus software prior to use on the system. In the case of equipment turn-in, exchange, repair or replacement hard drives used by the VA shall be removed from the equipment and remain in possession of VA this includes loaned or rented equipment. 4. SPECIAL WORK REQUIREMENTS: None. PROPERTY DAMAGE: The contractor shall take all necessary precautions to prevent damage to any government property. The contractor shall report any damages immediately and shall be assessed current replacement costs for property damaged by the contractor, unless corrective action is taken. Any damaged material (i.e., trees, shrubs, lawn/turf, curbs, gutters, sidewalks, etc.) will be replaced in a timely manner or corrected by the contractor with like materials, at no extra cost to the government, upon approval of the Contracting Officer. 6. ATTACHMENTS: None. 7. IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS: The contractor's employees shall wear visible identification at all times while on the premises of the VA property. It is the responsibility of the contractor to park in the appropriate desig nated park ing areas. Information on parking is available from the VA Police-Security Service. The VA will not invalidate or make reimbursement for parking viola tions of the con tractor under any con ditions. Smoking is prohibited inside any buildings at the VA. Cellular phones and two way radios are not to be used within six feet of any medical equipment. Posses sion of weapons is prohibited. Enclosed containers, including tool kits, shall be sub ject to search. Violations of VA regulations may result in a citation answer able in the United States (Federal) Dis trict Court, not a local district state, or municipal court. 8. COMPLIANCE WITH OSHA BLOODBORNE PATHOGENS STANDARD: The contractor shall comply with the Federal OSHA Bloodborne Pathogens Standard. The contractor shall: A. Have methods by which all employees are educated as to risks associated with bloodborne pathogens. B. Have policies and procedures which reduce the risk of employee exposure to bloodborne pathogens. C. Have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens. D. Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for the employee during performance of the contract. 9. SECURITY CLAUSES SUBPART 839.2 INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS 839.201 Contract clause for Information and Information Technology Security: a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media). b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008) As prescribed in 839.201, insert the following clause: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. D. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a) A contractor/subcontrator shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b) All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c)Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d) Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e) The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. E. 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). b) VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c) Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d) The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e) The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f) If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g) If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h) The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i) The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j) Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k) Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l) For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. D. INFORMATION SYSTEM DESIGN AND DEVELOPMENT: N/A E. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE: N/A F. SECURITY INCIDENT INVESTIGATION a) The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the 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. b) To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c) With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d) In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. G. LIQUIDATED DAMAGES FOR DATA BREACH a) Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b) The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c) Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d) Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. H. SECURITY CONTROLS COMPLIANCE TESTING: N/A I. 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: (1) 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; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) 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 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. c) Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. SOLE SOURCE LETTER END OF NOTICE