36C24222Q0862.docx

36C24222Q0862

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

630-22-3-108-0233 36C24222Q0862 06-29-2022 Safa Shleiwet 334/224-5637 07-14-2022 17:00

EDT

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X X 561320 $30 Million N/A X Multi Sites :New York and Brooklyn Manhattan Campus, VA NYHHS 423 East 23rd Street New York 10 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Temporary Sterile Processing Technicians for the Sterile Processing Services of VA New York Harbor Healthcare System.

The period of performance is 120 workdays base per iod plus one-120 workday option period.

All questions must be submitted in writing via email to safa.shleiwet@va.gov by July 6, 2022 by 5:00PM EST See CONTINUATION Page x X X Safa ahleiwet Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Safa Shleiwet 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.

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

36C24222Q0862

B.2 STATEMENT OF WORK

A. GENERAL

The contractor shall provide Sterile Processing Technicians for the Sterile Processing Services of VA New York Harbor Healthcare System (VA NYHHS), if and when requested by the Contracting Officer or the authorized representative of the Contracting Officer.

The primary purpose of the Sterile Processing Service (SPS) is to provide the operating room (OR), various medical and surgical clinics, dental service procedure areas, inpatient units, departments, CBOCs, etc. with sterilized and/or high-level disinfected (HLD) critical and semi-critical reusable medical devices (RMD) such as surgical instruments, instrument trays and flexible endoscopes. The contract sterile processing technician reprocesses (disassembles, cleans, decontaminates, assembles, high-level disinfects or sterilizes) critical and semi-critical RMDs in accordance with manufacturer’s instructions for use, The Joint Commission (TJC) standards, VA directives (e.g., VHA Directive 1116) attached in section D, VA handbooks, American National Standards Institute (ANSI)/Association for the Advancement of Medical Instrumentation (AAMI) ST79 standards, International Association of Healthcare Central Service Material Management (IAHCSMM) standards, Association of Peri-Operative Registered Nurses (AORN) guidelines, Center for Disease Control (CDC) guidelines, OSHA regulations, and local VA SPS and Infection Control policies and procedures. The Sterile Processing Services at VA NYHHS are ISO 9001 certified and must meet all requirements accordingly.

The contract technician requires extensive knowledge of the complete range of surgical instrumentation, surgical tray assemblies, manufacturer’s maintenance requirements, disposable and reusable medical supplies and equipment, and patient care equipment. Operates sophisticated decontamination and sterilization equipment, as well as computers, scanners, software (e.g., RTLS), websites (e.g., JPSR for incident reporting), sharepoints (e.g., eQMS), etc. necessary to perform needed duties. The contract technician will not have access to patient health information (PHI) as part of his/her assigned duties, but will need access to VA NYHHS’ computer system, share points, etc. to document his/her work.

B. DUTIES

Contracted Sterile Processing Technicians shall perform duties as noted under the following areas:

1. Decontamination Area:

a. Operate all decontamination equipment in special area receiving “soiled” and contaminated material. Identify, decontaminate, and systematically segregate reusable items for preparation, reprocessing and redistribution. Identify and receive contaminated surgical instruments, trays, endoscopes, powered drills and saws, from all areas in the medical center while prioritizing among instruments required for surgical procedures in the OR.

b. Select proper methods, based on manufacturer’s instructions for use (MIFU), for cleaning and disinfecting all RMDs. These include using a variety of brushes, applicators, pipe cleaners, cavitation in an ultrasonic washer, scrubbing in a detergent solution, and/or processing in a washer-disinfector, scope washer, or other such decontaminating unit.

c. Disassemble and inspect items for damage or missing components and ensure removal of bioburden for cleanliness; operate equipment and instruments to ensure proper functioning prior to sterilization or redistribution.

d. For flexible endoscopes, perform leak tests; initiate cleaning according to manufacturer's instructions.

e. Responsible for the inspection, disassembly, cleaning, and routine maintenance of sophisticated surgical devices such as bronchoscopes, sigmoidoscopes, cystoscopes, laparoscopic cameras, drills, saws, reamers and a wide variety of lumen devices.

f. Is aware of and adheres to the IAHCSMM and ANSI/AAMI ST79 standards, AORN standards, Infection Control and CDC guidelines. Follows the VHA Directive 1116 once SPS VANYHHS education training completed. Must be aware of proper work, air and people flow.

g. Personnel engaged in the collection or removal of soiled/contaminated supplies and equipment, as well as those individuals working in the decontamination area will wear personal protective equipment (PPE). PPE is defined as, head/hair covers, face shields, face masks, impervious gown, long cuffed rubber/vinyl gloves and impervious shoe covers.

h. Read, understand and follow all manufacturers’ instructions on cleaning RMD.

i. Use department Hight Risk Protocols (HRPs) or Standard Operating Procedures (SOPs) and manufacturer's guidelines.

j. Read and understand Material Safety Data Sheets.

k. Perform and document quality assurance checks.

2. Preparation and Assembly Area:

a. Receive from decontamination area all RMD requiring assembly into packs, instrument sets, and a wide variety of other components for surgery and other treatment areas. The contract employee assembles instruments, complex instrument sets, and other surgical items and trays and arranges them in the correct manner to ensure appropriate sterilization. Assembles complex instrument sets containing as many as two hundred varied instruments which must be inspected for damage such as pitting, rust, cracks, bends, sharpness, proper locking ability, jaw alignment, residual blood and tissue, etc.

b. Has the ability to process even the most complicated procedural sets containing unusual and minutely varied instrumentation such as the Vascular tray, Casper, Orthopedic Specialty, Cataract, Lap Cholecystectomy and other such sets containing very specific and complex instrumentation.

c. Aware of aseptic technique and proper wrapping methods to allow the user to open the product in an aseptic manner. Produces a compact, logically arranged package which is within the proper weight limits appropriate for assured sterilization. Inspects and selects the appropriate wrapping materials and sterilization packaging. Uses external and internal chemical indicators, labels all packages correctly with a felt tip marker, initials all products as is required by VHA Directive 1116.

d. Inspect instruments for proper functioning, scissors for sharpness, box locks for tightness, towel clamps and hemostats for proper functioning jaws, rough edges on ring handles, jaws, ratchets, and shanks (burrs or nicks). Inspect for cleanliness and corrosion. After appropriate investigation, notifies supervisor of missing or damaged instruments.

e. Must wear appropriate PPE, e.g., scrubs, bouffant cap and warm-up jacket, at all times. Washes hands frequently and enforces proper work, people, and airflow.

f. Properly and safely load, operate and troubleshoot a variety of sterilizers including but not limited to: steam, hydrogen peroxide plasma (VPro, STERRAD) and ethylene oxide (EtO). Additionally, perform all quality assurance testing and documentation required for each sterilizer.

3. High Level Disinfection Area (HLD):

a. Wear proper protective apparel and equipment at all times.

b. Properly transport all items for HLD process before and after processing.

c. Inspect items for HLD process, and process following all Manufacturer’s Instructions for Use (IFUs)for reprocessing.

d. Perform all functions of the HLD process including documentation and quality assurance procedures.

e. Properly and safely load and operate the automated endoscope reprocessors and other HLD equipment (e.g., TD 100, Trophon) as needed.

4. Sterilization:

a. Efficiently schedule operation of sterilizers to permit cooling or aeration of sterilized items prior to use by clinics or the operating room. Select the correct sterilizing method (steam, ethylene oxide and hydrogen peroxide) according to the materials being processed. Prepare test packs and run biological indicators in accordance with the VHA Directive 1116 and manufacturer’s instruction for use.

b. Label all sterilized items with the sterilization date, machine number and load number. Inspect chemical indicators on each package for a positive indication of exposure to the sterilant. Inspect all products for package integrity and residual moisture.

c. Review and sign all sterilizer print-out to verify the proper sterilization time, temperature, pressure, humidity and sterilant exposure. Record all items sterilized; maintains records, for three years, on all sterilizer loads; maintains additional records on all implants sterilized. Quarantine all implants for three (3) hours before release in accordance with the VHA Directive 1116. Store RMD without compromising the sterility of the package.

d. Assemble and load clinic and operating room supplies on shelves or carts according to schedules. Fill special emergency requests for sterile RMD. Monitor performance of sterilizers and aerators with prescribed tests. Notify supervisor of sterilizer malfunctions and low sterilant supplies.

e. Record biological spore results, and, in the event of a positive culture, initiate the recall of RMD while also notifying the appropriate individuals in the medical center according to policy.

5. Case Cart Area:

a. Follow facility protocol on OR case cart process and sterile storage area regulations.

b. Responsible for setting up OR Case Carts with instruments/trays required for surgical cases scheduled in the Operating Room on a daily basis in accordance with the OR Schedule and Procedure List

c. Maintain appropriate sets in sterile/clean area.

d. Rotate stock as needed.

6. Equipment:

a. Use, clean, and maintain a wide variety of equipment. Clean loading carts, delivery carts, specialty carts, work areas, storage shelves, using chemical solutions and detergents, according to written procedure, or as needed, to prevent cross-contamination.

b. Receive periodic training in such areas as the use and functioning of medical supplies, instruments, and equipment. Train in new and improved sterilization practices and developments in the microbiology, bacteriology and therapeutic practices as they affect the sterile supply operation.

C. SUPERVISORY CONTROLS:

1. The technician is under the general supervision of the Supervisor, Assistant Chief SPS and/or the Chief SPS.

2. Daily assignments are made orally or in writing by the Chief, SPS, Assistant Chief, SPS, Supervisor, Lead MST, or designee at the beginning of the shift. Technician will be assigned to the area/s where the need is regardless of frequency Routine work is performed independently following set policies and procedures. Deviations from routine are referred to the immediate supervisor. The contract employee’s work is reviewed by the Chief, SPS, Assistant Chief, SPS, Supervisor, or Lead MST.

3. The contract technician is expected to perform day-to-day work independently, adjusting schedule requirements as needed.

4. Communicates to supervisor and other team members changes in daily work conditions that prevent accomplishing responsibilities.

5. Complies with all safety and procedural regulations to prevent injury and cross contamination.

6. Is knowledgeable about hazardous materials and proper procedures to follow to minimize exposures.

7. Maintains, and continuously applies, training methods in aseptic technique, handling of contaminated equipment and supplies, decontamination and sterilization procedures to prevent the spread of disease and cross infection.

8. Complies with Standard Precautions, ensures proper disposal of hazardous waste, reports all malfunctioning equipment, uses proper equipment for the required tasks, follows recommended or established directions for use of decontamination and sterilization materials and equipment.

9. Cleans all equipment and work areas after use.

10. All items must be properly cleaned, packaged, loaded, sterilized, and stored according to a rigid set of guidelines which must be complied with to the letter. All processes must be documented and inspected. Work is subject to inspection by TJC, OSHA, state, and local investigators. Accurate records must be maintained for a minimum of three years.

11. All staff assigned by the contractor will abide by all policies and procedures of VA NYHHS including but not limited to the wearing of an ID that clearly states their name & status; and knowledge of information security and privacy awareness (verified by signed documents or completed mandatories).

a. All contractor employees and subcontractors under this contract or order are required to complete the VA's on-line “VA Privacy and Information Security Awareness and Rules of Behavior Training” - Talent Management System (TMS) Code “10176,” as well as the SPS-specific trainings in TMS prior to starting to work on site at VA NYHHS.

b. Contractors must provide signed certifications of completion to the COR during each year of the contract. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s).”

c. Contractor must provide certificates of completion for all VA trainings (e.g., privacy, information security, and SPS-specific trainings) in advance of the contract technician beginning orientation at VA NYHHS.

12. Supervisory assistance may not be available for team members on off-shifts. Incumbent is responsible for solving problems that may arise. Incumbent's contacts include all members of the medical center community and may work in consultation with other medical center staff in problem solving.

13. The supervisor reviews work through observation of the work areas, discussion with the employee, and by means of feedback from the medical center staff who use the employee's services.

D. PERSONNEL REQUIREMENTS:

1. Personnel assigned by the Contractor to perform the services covered by this contract shall meet the following minimum requirements:

Contractor Personnel Requirements:

a. Contractor Personnel shall have a minimum of three (3) years recent Sterile Processing technician experience

b. Minimum Qualifications Standards (1) Contractor Education/Experience: Possess a high school education or equivalency and have three (3) years of experience demonstrating the ability to perform sterile processing techniques and services in an acute care facility with general surgery, orthopedic, cardio-thoracic, vascular, neuro/spine, eye, ENT, laparoscopic and robotic surgical services, as well as services using flexible endoscopes. Contractor Personnel shall possess a valid IAHCSMM certification or Certification Board for Sterile Processing and Distribution (CBSPD). Level II certification – Veterans Affairs Certification, preferred. Certification shall be provided to points of contacts as requested herein.

c. Contractor Personnel shall have knowledge of aseptic principles and techniques, including characteristics of various types of detergents, cleaning techniques, sterilizing mediums; and tests to determine effectiveness of sterilization.

d. Contractor Personnel shall have knowledge of the use, operation, maintenance, assembly, and disassembly of complex surgical instruments, and reusable medical equipment and the specific cleaning, sterilizing and storage requirements of each in order to ensure RMD is sterilized and stored according to manufacturer's specifications.

e. Contractor Personnel shall have the ability to interpret written material, technical material, regulations, instructions and reports.

f. Contractor Personnel shall have the ability to communicate orally and in writing.

2. The qualifications of such personnel shall be subjected to review by VA NYHHS’ Resource Manager for Patient Services and approval by the Chief, SPS or designee.

3. The contractor shall provide the following information for all available candidates:

a. Current resume or Curriculum Vitae (CV) for each proposed candidate.

b. A list of the experience of each proposed candidate.

c. Competency checklist for each proposed candidate.

d. A copy of the proposed candidate’s IAHCSMM certification.

e. Minimum of 3 references regarding related work with points of contact for each proposed candidate.

E. CREDENTIALS/CERTIFICATION:

1. The contractor shall provide documented evidence that its personnel have met the minimum requirements stated above.

2. The Contractor shall run a background investigation on all contracted personnel prior to submitting them for consideration of a contract at VA NYHHS Facilities and submit the results with the applicant’s profile. All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. The contractor shall bear the expense of obtaining background investigation.

3. The contractor shall be responsible for the actions of those individuals they provide to perform work for VA.

4. Position Sensitivity – The position sensitivity has been designated as Low Risk.

5. Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

6. Shall be authorized to work in the United States.

7. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the contractor personnel security requirements may result in termination of the task order for default.

8. The Contractor shall provide the Contracting Officer Representative (COR)/Point of Contact (POC) with a certificate that the Contractor personnel have had a medical evaluation prior to the start of work under this agreement, including all required immunizations and tuberculin test and/or chest xray. This certificate shall state the date on which the examination was completed, the provider's name that performed the examination, and a statement concerning the health of the individual in accordance with the requirements set forth in the VA Occupational Health policy. The certificate shall also contain the following statement: (name of the contract personnel) is suffering from no contagious diseases listed in the Infection Control Manual.

9. Contractor staff shall not wear artificial nails, whether self or professionally applied, while working at VA NYHHS Facilities.

10. Contractor personnel shall wear special protective clothing and/or equipment provided by the Medical Facility when directed, or as necessary for infection control purposes.

11. The wearing of jewelry will comply with standards in accordance with VA NYHHS policy.

12. The Contractor shall be responsible for providing contract technician staff to perform work on a temporary staffing basis under the guidance of the Government, and that Government will establish the details of the work but the contractor shall be responsible for the work product of the Contracted Personnel.

13. The Contractor shall provide requested profiles/resumes for new staff within five business days to the COR/POC with required information as described in for the position being temporarily filled (see section under Personnel Requirements above).

14. The contracted personnel shall adhere/comply to all Federal/State/VA guidelines, regulations, laws, policies, and procedures at all times. The Contractor shall notify the CO and the COR in advance in a reasonable timeframe.

15. The Government reserves the right to accept or not accept the contractor provided personnel. In the event that any contract sterile processing technicians are determined unacceptable by the designated Government contact at any time during the agreement period, the Contracting Officer will determine whether the personnel shall be released from duty and will notify the contractor’s point of contact that such individual shall not be resubmitted to provide service under this agreement.

16. Non-acceptance of a contract technician does not relieve the contractor from fulfilling the terms and conditions of this contract. In the event of a dispute between the designated contacts, the CO’s decision is final.

17. In the event the independent contractor becomes ill or cannot work for any other reason, it is the contractors’ responsibility to immediately provide another candidate, who is appropriately certified to work in the area the previous candidate was scheduled to work (see I. Contractor Response Time).

18. The parties agree that such contract personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. The designated contractor point of contact shall be available 24 hours a day 7 days a week to supply services.

F. PHYSICAL FITNESS REQUIREMENTS:

1. Physical Requirements: The work requires standing and walking during the entire workday, and frequent bending and lifting of supply packages, instrument trays, etc. (weighing as much as 25 pounds). The contracted employee regularly pushes loaded carts weighing several hundred pounds, in sometimes crowded quarters, and works them over slight rises such as door sills.

2. Work Environment: On a regular and recurring basis, the contracted employee alternates between a contaminated environment and a carefully controlled clean environment. The contracted employee wears special clothing, hair covers, beard covers and shoe covers which can be uncomfortably warm. Although most work areas are climate controlled, sterilization temperatures are 270 degrees and room temperatures can rise in excess of 100 degrees. The contracted employee uses insulated gloves to remove carts from sterilizers. The contracted employee is subject to burns from accidentally touching hot items. The hazards of working around minute quantities of sterilizing gases are unknown. All known precautions are taken to decrease the potential of these hazards. The contracted employee often works around body fluids, mucus, excretions, and bits of tissue, some of which may be foul smelling. The work area is noisy due to the clatter of metal instruments, rumbling of carts, and operation of pre-sterilizing equipment. Use of ultrasonic equipment may require use of ear protectors.

3. All employees shall be literate and able to communicate (speak) with clients in English to the extent of reading and understanding printed regulations, detailed written orders, training instructions and material, and shall be able to compose reports which convey complete information. The Contractor is to certify the ability of all employees designated to provide service for this contract.

G. PLACE OF PERFORMANCE:

The contract technician may be assigned to work at either of these two sites within VA NYHHS:

1. SPS Manhattan Campus, VA NYHHS 423 East 23rd Street New York, NY 10010

2. SPS Brooklyn Campus, VA NYHHS 800 Poly Place Brooklyn, NY 11209

H. ORIENTATION:

Contract personnel will be required to attend a VA NYHHS orientation prior to any work assignment at contractor’s expense. Orientation to the unit will be scheduled with the Education Section.

I. CONTRACTOR RESPONSE TIME: Contractor must provide multiple, qualified sterile processing technician candidates in a timely manner and provide a written plan for providing ongoing requirements and services in the event of service disruptions for any reason. They should describe their ability to have a pool of technicians cleared by the agency and VA HR, and oriented to SPS, who can fill in on an as-needed basis, e.g., in the event another agency technician has an emergency and needs to use unplanned leave. If a contractor-provided Sterile Processing Technician is unable to work a scheduled shift, the contractor shall provide a substitute Sterile Processing Technician to work that shift within two (2) hours of the request from VA NYHHS. The contractor must communicate to VA NYHHS SPS leadership when a contractor-provided technician will be absent, who the replacement technician will be, how soon they will be on site, etc. within two hours of being notified by the regularly scheduled technician that they will not be available for work. If the contract technician will be out for an extended period of time, this must be communicated to SPS leadership, along with who the replacement will be. The contractor should have additional Sterile Processing Technicians who have been cleared by them and VA NYHHS, and who have been oriented at VA NYHHS available to work as substitutes if needed.

J. WORK HOURS: 1. The services covered by this contract shall be furnished by the contractor as required, on call 7 days per week, 24 hours per day. The VAMC shall not pay any additional compensation to the contractor for overtime expenses incurred by its performance of this contract. Sterile Processing Technicians will be scheduled to work 8-hour shifts (plus ½ hour break), for up to 40 hours Monday through Friday each week, or on weekends as needed. Contract technicians will be scheduled to work on an as needed basis. The VAMC may call up to five (5) contractors per day. The tour of duty that they will be scheduled to work is based on the needs of the department; the contract technicians cannot be guaranteed to work a particular shift for their duration at VA NYHHS. Contract technicians will be scheduled to work shifts depending on the status of recruitment at VA NYHHS.

The following are tours of duty by campus:

a. Manhattan Campus:

1200–2030 hours (Incl. 1/2-hour break) 1300-2130 hours (Incl. 1/2-hour break) 1400-2230 hours (Incl. 1/2-hour break) 1500-2330 hours (Incl. 1/2-hour break) Day shift hours will be included, as needed.

b. Brooklyn Campus:

0730-1600 hours (Incl. 1/2-hour break) 0900-1730 hours (Incl. 1/2-hour break) 1100-1930 hours (Incl. 1/2-hour break) 1300- 2130 hours (Incl. 1/2-hour break)

c. Other tours of duty will be determined by the specific Campus at time of service.

d. Contract Sterile Processing Technicians must work the tour of duty requested by SPS leadership. They cannot make their own schedule.

e. Overtime is any hours in excess of 40 hours in a work week (Monday to Friday). Overtime shall be allowed as part of this contract in extraordinary circumstances.

2. Federal Holidays will not be worked by contract staff. Federal holidays include the following days:

Independence Day

Exception: If the President of the United States declares a holiday by executive order and the schedule cannot be amended without causing a burden on VA NYHHS, the contract staff can work the holiday at the regular rate.

K. REPORTING FOR DUTY: Technicians providing service under this contract shall report directly to the SPS upon arriving at the VAMC. The contract technician shall complete contractor provided time sheets and request signature of the time sheet by the Chief, SPS, Assistant Chief, SPS, or Supervisor. SPS leadership staff will retain a copy of the signed timesheet. Times recorded on the time sheet shall be actual time spent working at the VAMC and shall not include travel time, standby time or any other form of pay.

L. LIMITATION ON VA HOURS: Payment for any leave, including sick leave, holiday or vacation time, is the responsibility of the contractor.

M. PERIOD OF PERFORMANCE: 20 work days and 1 option of 120 work days N. EXTENT OF OBLIGATION: The Government is obligated only to the extent of calls that are actually made against the contract. It is understood and agreed that this document in no way obligates VA NYHHS to purchase any minimum quantity.

O. INVOICING:

A summary invoice shall be submitted to the appropriate facility monthly for the hours contract staff worked during the billing period. Payment will be made for the hours worked by contract staff and not by a predetermined weekly or monthly estimate.

P. AGREEMENT MONITORING:

1. Upon receipt of contract technician’s time sheet, VAMC Chief, SPS, Assistant Chief, SPS or Supervisor shall verify the times and sign the original. The Assistant Chief, SPS or Supervisor shall retain one copy, and forward the original to the Chief, SPS. Contractor invoices shall be compared with actual time sheets.

2. Assistant Chief, SPS or Supervisor shall identify any performance issues, in writing, to the Chief, SPS. The Chief SPS or designee will notify the contractor, requesting disciplinary action or no future scheduling at VA NYHHS.

Q. CONTRACTOR RESPONSIBILITIES

1. The Contractor shall provide all necessary contract sterile processing technicians upon request of VA NYHHS to include:

a. Find sources for requested contract-staff positions and shifts.

b. Provide contract-staff selection choices to the Chief, SPS.

c. On-board the selected contract-staff

d. Maintain required documents.

e. Off-board contract-staff when no longer needed.

f. Pay the contract-staff who performed services.

g. Contractor shall be responsible for meeting or exceeding VA and Joint Commission (or equivalent) standards.

h. The Contractor shall:

i. Provide a timesheet to track agency staff hours.

ii. Ensure that all contract personnel participate in VA defined orientation procedures applicable for newly assigned contract personnel to include regulations specific to the profession or class to which he/she belongs, local VA policy and procedures, and VHA policy and procedures. Orientation may consist of self-paced written/on-line education, classroom hours and/or unit orientation and hands-on skill validation.

iii. Prescreen all personnel requiring access to the computer system to ensure they are eligible for employment, and are able to read, write, speak and understand the English language.

R. GOVERNMENT RESPONSIBILITIES:

1. Government will provide sufficient information about its specific needs so that the contractor can match the skills and experience of the contract sterile processing technician to those needs.

2. Government will be responsible for compliance with all relevant safety and health laws and regulations during the period of a contract technician’s assignment under Government supervision, including but not limited to Joint Commission regulations relating to orientation and evaluation and information security/privacy regulations.

3. The Government will provide Contracted Personnel with all necessary site-specific training, orientation, equipment and evaluation required by federal, state or local occupational safety laws or rules, including Joint Commission for members of the Government’s workforce.

4. The Government will provide the uniforms (scrubs) and appropriate attire for Contracted Personnel.

5. The Government will provide all medical supplies and equipment to Contracted Personnel needed to perform all duties as assigned.

6. The Government will provide a VA ID badge (e.g., a VA-issued contractor PIV ID badge).

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

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/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 perfoRMDd 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.

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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.

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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

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C-4 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.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R.

Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy

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C-5 Impact Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration.

Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/subcontractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

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(3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function.