36C24218Q0060-001.docx

36C24218Q0060 12-08-2017

4:30 PM EST

X Contracting Officer James P. Vickerman x X $0.00 See Schedule of Services on Page 5

/veterans-affairs http://www.tungsten-network.com/us/en Tungsten Network

Bronx NY 10468-3904 130 West Kingsbridge Road Network Contracting Office 2 James J. Peters VA Medical Center Department of Veterans Affairs 36C242

Respective VAMC, See SOW X N/A X $15 Million 541990 X Bronx NY 10468-3904 130 West Kingsbridge Road James J. Peters VA Medical Center Network Contracting Office 2 Department of Veterans Affairs 36C242 631-261-4400 x7525 James P. Vickerman, Contracting Officer 11-21-2017 36C24218Q0060

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

STANDARD FORM 1449

INFORMATION CALL:

7. FOR SOLICITATION

Prescribed by GSA - FAR (48 CFR) 53.212

PREVIOUS EDITION IS NOT USABLE

(REV. 2/2012)

AUTHORIZED FOR LOCAL REPRODUCTION

31c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 30c. DATE SIGNED 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30a. SIGNATURE OF OFFEROR/CONTRACTOR

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

DATED ________________________________.

YOUR

OFFER ON SOLICITATION

COPIES TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

ARE NOT ATTACHED

ARE

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE NOT ATTACHED.

ARE

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

25. ACCOUNTING AND APPROPRIATION DATA

(Use Reverse and/or Attach Additional Sheets as Necessary)

AMOUNT

UNIT PRICE

UNIT

QUANTITY

SCHEDULE OF SUPPLIES/SERVICES

ITEM NO.

24.

23.

22.

21.

20.

19.

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

FAX:

PHONE:

DUNS+4:

DUNS:

TELEPHONE NO.

CODE

18a. PAYMENT WILL BE MADE BY

FACILITY CODE

CODE

17a. CONTRACTOR/OFFEROR

CODE

16. ADMINISTERED BY

CODE

15. DELIVER TO

RFP

IFB

RFQ

14. METHOD OF SOLICITATION

13b. RATING

DPAS (15 CFR 700)

RATED ORDER UNDER

13a

. THIS

CONTRACT IS A

12. DISCOUNT TERMS

SEE SCHEDULE

MARKED

TION UNLESS BLOCK IS

11. DELIVERY FOR FOB DESTINA-

SIZE STANDARD:

NAICS:

8(A)

EDWOSB

SMALL BUSINESS PROGRAM

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

WOMEN-OWNED SMALL BUSINESS

SMALL BUSINESS

VETERAN-OWNED

SERVICE-DISABLED

BUSINESS

HUBZONE SMALL

SMALL BUSINESS

% FOR:

SET ASIDE:

UNRESTRICTED OR

10. THIS ACQUISITION IS

CODE

9. ISSUED BY

TIME

8. OFFER DUE DATE/LOCAL

b. TELEPHONE NO. (No Collect Calls)

a. NAME

6. SOLICITATION ISSUE DATE

5. SOLICITATION NUMBER

4. ORDER NO.

3. AWARD/EFFECTIVE DATE

2. CONTRACT NO.

1. REQUISITION NO.

PAGE 1 OF

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT:

James P. Vickerman, Contracting Officer 36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for Service Disabled Veteran Owned Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE SCHEDULE

SCHEDULE OF SERVICES

The Contractor shall provide Medical Diagnostic Physicist services necessary to perform onsite and offsite services as outlined in this statement of work to VAMCs as required by the VHA MML which outlines administrative and operational procedures for safe management of all radioactive materials, regardless of source or method of production, and required application of the standards for acquisition, receipt, storage, distribution, use, transfer, and disposal of radioactive materials.

The contractor shall furnish the quarterly and daily rate(s) as requested in the item table below. Potential offerors should refer to the equipment list located in Section D.3. This equipment list shall serve as a draft to aid potential offerors in proposing prices. This list, while inclusive, cannot account for any equipment additions or decommissions.

Place of Performance: Services shall be provided on site, Department of Veterans Affairs Medical Centers, at the campuses outlined in para B.4.1.

The guaranteed minimum award amount for this contract is 4 Quarters (4 QTR). The maximum value of services the Government will acquire under the contract for the base period of performance and all exercised option years shall not exceed 60 Quarters (60) QTR. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount

B.3.1 BASE PERIOD

Contract Period: Base POP Begin: 01-01-2018 POP End: 09-30-2018

B.3.2 OPTION PERIOD ONE

CONTRACT PERIOD: OPTION YEAR ONE POP BEGIN: 10-01-2018 POP END: 09-30-2019

B.3.3 OPTION PERIOD TWO

CONTRACT PERIOD: OPTION YEAR TWO POP BEGIN: 10-01-2019 POP END: 09-30-2020

B.3.4 OPTION PERIOD THREE

CONTRACT PERIOD: OPTION YEAR THREE POP BEGIN: 10-01-2020 POP END: 09-30-2021

B.3.5 OPTION PERIOD FOUR

Contract Period: Option Year Four POP Begin: 10-01-2021 POP End: 09-30-2022

36C24218Q0060

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B.4 STATEMENT OF WORK

B.4.1 INTRODUCTION: As part of a federal agency, multiple VAMCs located throughout VISN 2 Southern Region, are subject to NRC regulation. Regulations issued by the NRC are found in Title 10 Code of Federal Regulations (CFR), Chapter 1, Parts 0 through 199. VAMCs are required to abide by the terms and conditions of the Veterans Health Administration (VHA) Master Materials License (MML) agreement with the Nuclear Regulatory Commission (NRC). The MML sets forth the required administrative and operational procedures for safe management of all radioactive materials, regardless of source or method of production, and required application of the standards for acquisition, receipt, storage, distribution, use, transfer, and disposal of radioactive materials. The purpose of this contract is to procure, by way of contract, Diagnostic Medical Physicist services that can perform all services necessary to ensure that the respective VAMCs, are in compliance with requirements of the MML and NRC and other regulatory bodies, e.g., OSHA, DOT, and EPA.

The Contractor will provide medical physicist services for Diagnostic imaging. All services will be provided under the direct supervision of a Board Certified Medical Physicist. Certain regulatory bodies require testing of diagnostic x-ray equipment to ensure diagnostic imaging quality and a safe environment of radiation safety for patients, staff and visitors. These regulatory bodies are: The FDA, New York State Department of Health, New Jersey Department of Environmental Protection, New York City Department of Health and The Joint Commission. The VA requires that these requirements be satisfied in accordance with all applicable guidelines set forth by the regulatory bodies mentioned above.

Equipment: This includes all Nuclear Medicine and Diagnostic Radiology Equipment (including all applicable PDM devices), Radiology Services (including US & MRI), Radiation Therapy (CT Simulator only), Nuclear Medicine, Dental Service, and Radiation Safety Office, at the respective VA Medical Centers:

Page 1 of Page 1 of James J. Peters VAMC (Bronx VAMC), 130 West Kingsbridge Road, Bronx, New York 10468;

Northport VAMC, 79 Middleville Road, Northport, New York 11768;

Page 1 of Page 1 of Page 1 of Hudson Valley Health System, Route 9D, Castle Point, NY 12511

New Jersey Healthcare System East Orange Campus 385 Tremont Avenue East Orange, NJ 07018

Page 1 of Page 1 of Page 1 of New Jersey Healthcare System East Orange Campus 151 Knollcroft Road Lyons, NJ 07939

N Page 1 of Page 1 of Page 1 of

Page 1 of Page 1 of Page 1 of

B.4.2 DEFINITIONS/ ACRONYMS

Biomedical Engineering - Chief or Designee CO - Contracting Officer.

COR - Contracting Officer Representatives at James J. Peters VAMC, Northport VAMC, and Hudson Valley Health System.

PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises.

ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and condition of the contract.

Acceptance Signature - VA employee who indicates FSE demonstrated service conclusion/status and User has accepted work as complete/pending as stated in ESR.

Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR.

NFPA - National Fire Protection Association.

CDRH - Center for Devices and Radiological Health.

VAMC - Department of Veterans Affairs Medical Center OSHA - Occupational Safety and Health Agency CSP - Contract Service Personnel/Radiological Physicist QA – Quality Assurance QC – Quality Control RSC – Radiation Safety Committee PDM – Primary Diagnostic Monitor (video) used by practitioners to make primary radiology diagnosis. They are also monitors that are used by tele-radiology services for off hours interpretations.

US – Ultrasound

B.4.3 REQUIREMENTS – RADIOLOGY

Quarterly collimation tests as specified in Part 16 NY State Sanitary Code for all radiographic and fluoroscopic systems. Quarterly CR and DR quality control.

Semi-annually the Contractor will perform Part 16 NY State tests including:

Annually:

Perform emergency acceptance tests of CT tubes within 30 days of replacement.

MRI physics services for one (1) MRI unit:

CR physics services for CR units:

• Perform all tests to comply with manufacturer’s and NY State Department of Health requirements.

DR physics services:

• Perform all tests to comply with manufacturer’s and NY State Department of Health requirements.

Ultrasound transducer quality control testing.

Provide medical physics consultations as needed.

Perform in-service education/ training for staff as needed/ requested:

Other Required Services

Reporting

All testing will be scheduled through Radiology Service or Imaging Program Manager Monday through Friday, 7:00am to 5:30pm.

The contractor will provide all the calibrated equipment necessary to complete the evaluations and document the data.

Any testing equipment that involves the use of a contractor owned laptop will be used only for the purpose of gathering test equipment data. At no time will the Contractor have access to any aspect of the VA information technology network including CPRS, Vista, Outlook or the LAN.

On Call Coverage: will be part of the contract price to include 10 “call back” visits per year during the hours of 7am till 5:30pm.

B.4.4 REQUIREMENTS – NUCLEAR MEDICINE -

Quarterly Responsibilities:

Other Responsibilities

Timeliness requirements: All testing will be performed on a scheduled monthly basis and performed within the month scheduled. Call back service will require a 15 minutes phone response and an on-site physicist within 45 – 60 minutes of phone contact.

Reporting requirements: Monthly reports of current work will be provided, in writing or electronically to the Radiation Safety Officer and/or Imaging Program Manager of the specific VA Medical Center. Annual reports on the Radiation Safety Program will be provided to the Radiation Safety Committee. Reports will be submitted by 15 days after completion of work.

Documentation requirements: Reports must be submitted for all tests and reviews/audits.

Backup requirements: In the event of a respective VAMCs Radiation Safety Officer’s extended absence, contractor shall provide Radiation Safety Officer support.

Workload projection: Monthly and 10 call back visits per year to include:

Facility Data and Resources: Facility will provide access to equipment to complete all required testing.

Procedure for Referral and Rescheduling: All testing will be scheduled by the Radiology or Nuclear Medicine Service during regular work-day hours, Monday through Friday, 7:00am to 5:30pm.

Transfer of Patients: N/A no patients covered under the contract.

Safety: Contractor should contact the Radiation Safety Officer, Radiology Chief, and when necessary the Nuclear Medicine Chief.

Reimbursement Method: N/A Key personnel and education, licensure and competency requirements: All physicists must be certified, licensed and must maintain continuing education as required by their certifying agency. They must be able to speak the English language proficiently. They are also required to meet the standards:

Changes of key personnel: Valid licensing and maintenance of continuing education as required by their certifying agency; also, by the approval of the VA Radiation Safety Officer.

B.4.6 REQUIREMENTS – RADIATION SAFETY WORKER

Assist in the training of the In House Radiation Safety Worker to perform the following duties:

General Services:

Diagnostic X-ray Equipment:

No patient care or research activities are required. Administrative and educational activities are limited to written documentation, equipment evaluations and technical training of staff on radiation safety as it pertains to the equipment covered under the contract:

The VA COR, Radiation Safety Officer, Radiology Service, Imaging Service, and/or Nuclear Medicine Service will monitor the performance of the Contractor. The Specific monitor procedure to be used:

Performance monitoring will include;

Patient safety: Testing of equipment will ensure VISN policies for patient safety are adhered to.

Frequency and type of quality assurance and quality control reports: Referred to in Sections above.

Referenced guidelines and other applicable guidelines:

Normal hours of coverage are [Monday through Friday] from [8:00 am to 6:30 pm], excluding holidays. The CSP(s) will perform support services during normal hours. Routine testing, such as Quality Assurance (QA) and Radiation Safety Surveys will generally be conducted during business hours, however it must not interfere with the clinical service.

All Radiological Physics Support service performed outside the normal hours of coverage at the request of COR will be billed at the price listed in Section B, Price Schedule. Billing will include service time, and exclude travel time since it is included. Radiological Physics Support service performed outside the normal hours of coverage at the request of CSP will be considered service during normal hours of coverage.

Federal Holidays observed by the VAMC are:

And any other day specifically declared by the President of the United States to be a national holiday.

B.4.12 UNSCHEDULED SUPPORT SERVICE:

Response Time:

When the CSP arranges a service visit, he/she has to call the COR or his/her designee. If the COR places a request for support services, the CSP must respond with a phone call to the COR or his/her designee within [four (4) hours] after receipt of telephoned notification [24 hours per day]. The CSP must then commence work (on-site physical response) within [forty-eight (48) hours] after receipt of notification and will proceed progressively to completion without undue delay. For example, if hours of coverage are [8:00 am to 6:30 pm], a [48] hour response means, if a call is placed at [4:45] pm [Monday], [September 9th], the CSP must start on-site service before [4:45 pm Wednesday], [September 11th], except when outside hours of coverage is authorized by the COR.

B.4.13 SCHEDULED SUPPORT SERVICES:

Quality Control Testing:

Service shall consist of annual, semi-annual, and quarterly QC testing, where the inspections will be distributed on a monthly inspection schedule and shall be consistent with the Conformance Standards section of these specifications.

Annual Radiation Safety Surveys: Annual Radiation Safety Surveys of all diagnostic radiographic equipment. This survey shall provide assurance of the safety of the public, patients and staff. It shall include: measurement of leakage and scatter radiation to the operator and uncontrolled areas, evaluation of shielding and protective devices, interlock testing, and operational safety checks. The Annual Radiation Survey must meet the regulations as specified in the Conformance Standards.

Other Radiological Physics Support Services: at James J. Peters VAMC, and Hudson Valley Health System.

In addition, and separate from above, one afternoon/evening approximately every two weeks, an inspection will be scheduled (for a total of 26 visits per year). These visits shall include, but not be limited to:

Name of Contractor.

Name of CSP who performed services.

Contractor Service ESR Number/Log Number.

Date, Time (starting and ending), Equipment Downtime and Hours-On-Site for service call.

VA PO#(s) covering the call, if outside normal working hours.

Description of Problems Reported by COR/User.

Identification of Equipment to be serviced:

VA INV. ID#, Manufacturer’s Name, Device Name, Model#, Serial#, and any other Manufacturer's identification numbers.

Itemized Description of Service Performed (including Costs associated with after normal working hour services).

Total Cost to be billed.

Signatures:

Equipment downtime.

NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE SUBMITTED TO AND APPROVED BY THE CONTRACTING OFFICER BEFORE SERVICE IS COMPLETED!

Professional services invoiced under contract shall be provided by attending physicians and not by residents. The Contractor shall certify in writing that the service was provided by an attending physician prior to VA processing payment.

Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

Name and Address of Contractor Invoice Date and Invoice Number Contract Number and Purchase/Task Order Number Date of Service Contractor’s physician (s) (Name of Contractor’s employee) Total price Vendor Electronic Invoice Submission Methods Vendor Electronic Invoice Submission Methods:

Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov The contract shall be adjusted (specify when hours shall be adjusted- for example-at the end of the period of performance (base or option year) in accordance with actual performance.

Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this contract, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract.

Each respondent, CSP, must be "fully qualified". "Fully Qualified" is based upon training and on experience in the field. For training, the CSP must have a minimum of three years of experience working on the identical makes and models of the equipment.

The contractor must provide written assurance of the competency of their personnel, CSP, who will work on the equipment. The contractor must provide a list of three references and credentials for each of these individuals from customers they have provided full service contract service to in the last year. The contractor must also submit copies of all certificates of education and training for these individual(s) for each make and model the contractor services at the VAMC (as applicable). The CO and/or the COR specifically reserves the right to reject any of the contractor's personnel and refuse them permission to work on the VAMC equipment.

If subcontractor(s) are used, they must be approved by the CO; the contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

B.5 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. 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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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.

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.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. 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.