36C24418Q0123-001.docx

36C244-18-Q-0123

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.

DUNS:

DUNS+4:

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. SIGNATURE 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

642-18-1-034-0004 36C244-18-Q-0123 Rosa Rodgers rosa.rodgers@va.gov 7172286018 12-15 -2017 @ 8:00 am 00244 Department of Veterans Affairs Network Contracting Office 4

X X 492110 1500 Employees X N/A X 3900 Woodland Ave Philadelphia, PA 19104

00244 Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page This is a Request for Quote for Blood Courier Services for the Philadelphia Veterans Affairs Medical Center IAW the Performance Work Statement (PWS) and Schedule attached.

Anticipated Period of Performance:

March 25th, 2018 through March 24th, 2023 This will be a 5 Year fixed price Indefinite Delivery Indefinite Quantity (IDIQ) Contract.

This procurement is being completed in accordance with

FAR 13.5.

Any reference to FAR 15 is unintended and the vendor should seek clarification with the CO.

Any questions regarding this solicitation are required to be sub mitted by email to rosa.rodgers @va.gov no later than

(NLT)

12/6/2017 for an answer to be received.

See CONTINUATION Page X X 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: Contract Specialist – Rosa Rodgers Department of Veterans Affairs Network Contracting Office 4

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.

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin TX 78714-9971

B.2 Performance Work Statement – COURIER SERVICES

1. A fully licensed courier company will provide delivery between the Michael J. Crescenz Veterans Affairs Medical Center (CMCVAMC), 3900 Woodland Ave, Philadelphia, PA 19104 and various other locations throughout the Commonwealth of Pennsylvania and the State of New Jersey as listed in this document.

1. The following training, insurance, licenses and certifications are required of contractor. Contractor must update them as required and when additional drivers are added to perform services under this contract. Such documentation shall be made available to the COR and/or CO upon request.

0. Courier personnel will be trained in the safe transport of infectious/diagnostic specimens in accordance with established guidelines from the College of American Pathologists (CAP), the Joint Commission on Accreditation (JC) and guidelines established and required by federal, state, and local law.

0. Courier will hold insurance in the amounts required under Pennsylvania law for the transport of property.

0. Courier will hold all required federal, state, and local licenses and permits required for the transport of diagnostic/biohazard specimens.

0. All drivers performing services under this contract must possess a valid driver’s license for the type of vehicle operated as required by the State of Pennsylvania.

0. Vehicles used in the performance of this contract must be registered in the Commonwealth of Pennsylvania and comply with all applicable state laws.

1.

1.

2.

2.

2.

2.

2.

3. Courier personnel will be uniformed to include a color photo ID badge worn above the waist when inside either the pick-up or delivery location.

4. Courier must be trained in the appropriate safety procedures suitable to specimen type and distances transported. This should include issues such as adherence to regulations for transport of bio-hazards, use of rigid containers supplied by the courier, temperature control notification procedures in case of accident or spills, etc. The courier will provide the Contracting Officer written documentation that issues related to transport of biohazardous materials have been addressed and keep a copy of the written documentation at courier’s site. The courier must ensure mandatory training annually.

5. Courier is responsible for maintaining a log of all pick-ups and deliveries. Logs will indicate the time and dates of pick-ups and deliveries, number of specimens/parcels received or delivered, and the appropriate signatures. Logs shall be available for review at any time during the contract.

6. Deliveries performed without being recorded on a log will not be charged to the CMCVAMC, and will not be paid by the CMCVAMC. More than one unexcused late delivery (greater than thirty-minutes) in a thirty-day period may be cause for termination of the contract.

COURIER PICK-UP AND DELIVERY SCHEDULE OF RUNS

1. Burlington Outpatient Clinic Michael J. Crescenz VA Medical Center (CMCVAMC)

A fully-licensed courier company will provide delivery from the Burlington Outpatient Clinic at 3000 Lincoln Drive East, Suite E, Marlton, NJ 08053 to Michael J. Crescenz VA Medical Center, 3900 Woodland Ave., Philadelphia, PA 19104 Monday through Friday with exception of federal holidays with pickups twice daily at 12:00 noon and 4pm.

Courier will arrive daily at the Burlington Clinic approximately 12:00 noon to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. The VA will provide locks and will secure the specimens prior to courier leaving.

On occasion, courier will be asked to deliver Sterile Processing Department (SPD) trays to Ground Floor.

Courier will deliver the specimen containers not later than 1:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

Courier will arrive daily at the Burlington approximately 3:45pm to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. The VA will provide locks and will secure the specimens prior to courier leaving.

On occasion, courier will be asked to deliver SPD trays to Ground Floor.

Courier will deliver the specimen containers not later than 5:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

2. Saracini Outpatient Clinic Michael J. Crescenz VA Medical Center (CMCVAMC)

A fully-licensed courier company will provide delivery from the Saracini Outpatient Clinic, 433 Caredean Drive / Babylon complex, Horsham, PA 19044 to CMCVAMC, 3900 Woodland Ave., Michael J. Crescenz, PA 19104 Monday through Friday with exception of federal holidays.

Courier will arrive daily at the Saracini Clinic approximately 12:00 noon to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. The VA will provide locks and will secure the specimens prior to courier leaving.

On occasion, courier will be asked to deliver SPD trays to Ground Floor.

Courier will deliver the specimen containers not later than 1:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b138. Courier will arrive daily at the Saracini Clinic approximately 4pm to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. The VA will provide locks and will secure the specimens prior to courier leaving. On occasion, courier will be asked to deliver SPD trays to Ground Floor.

Courier will deliver the specimen containers not later than 5:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

3. Gloucester Outpatient Clinic → Michael J. Crescenz VA Medical Center (CMCVAMC)

A fully-licensed courier company will provide delivery from the Gloucester Outpatient Clinic, 211 County House Road, Sewell, NJ 08080 to CMCAMC, 3900 Woodland Ave., Michael J. Crescenz, PA 19104 Monday through Friday with exception of federal holidays.

Courier will arrive daily at the Gloucester Outpatient Clinic approximately 12:00 noon to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. The VA will provide locks and will secure the specimens prior to courier leaving. On occasion, courier will be asked to deliver SPD trays to Ground Floor.

Courier will deliver the specimen containers not later than 1:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

Courier will arrive daily at the Gloucester Outpatient Clinic approximately 4pm to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. On occasion, courier will be asked to deliver SPD trays to Ground Floor

Courier will deliver the specimen containers not later than 5:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

4. Camden VA Outpatient Clinic → Michael J. Crescenz VA Medical Center

A fully-licensed courier company will provide delivery from the Camden, NJ Outpatient Clinic, 300 Broadway, Camden, NJ 08103 to CMCVAMC, 3900 Woodland Ave., Michael J. Crescenz, PA 19104 Monday through Friday with exception of federal holidays.

Courier will arrive daily at the Camden Clinic approximately 12:00 noon to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. The VA will provide locks and will secure the specimens prior to courier leaving. On occasion, courier will be asked to deliver SPD trays to Ground Floor.

Courier will deliver the specimen containers not later than 1:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

Courier will arrive daily at the Camden Clinic approximately 4pm to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. On occasion, courier will be asked to deliver SPD trays to Ground Floor.

Courier will deliver the specimen containers not later than 5:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

5. Blood Delivery, Routine: American Red Cross, Michael J. Crescenz, PA → CMCVAMC, Blood Bank 3b145

1. Upon notification by a CMCVAMC Blood Bank, Courier will pick up blood products in a secured container from the American Red Cross, 700 Spring Garden Street, to Michael J. Crescenz, PA 19104 and deliver to the CMCVAMC Blood Bank 3b145.

1. Stat orders number approximately 10-12 per month, are placed by phone, typically between 8:00 a.m. and 4:00 a.m., 7 days per week. Orders must be delivered to CMCVAMC within 90 minutes of the order to preserve the contents.

1. More than two late deliveries in a two-month period may result in termination of the contract.

6. Miscellaneous local deliveries between CMCVAMC and other facilities within the local area

1. A fully-licensed courier company will provide delivery.

1. Notification and details will be provided by telephone by a CMCVAMC staff member. These calls can be placed 24 hours/day, 7 days/week.

1. This function includes delivery of diagnostic specimens from one specified location to another. (i.e. pick up specimen at CMCVAMC and deliver to American Red Cross).

1. Mileage will be determined by www.mapquest.com with the CMCVAMC address, 3900 Woodland Ave, Michael J. Crescenz, PA 19104, as either the origin or destination point. Total one-way billable miles will be rounded up to the next full mile.

1. Monthly invoice will display the date, time, full address of the origin/destination, nature of trip, and the miles for each trip.

7. Blood Delivery, Routine: Treatment Research Center → Michael J. Crescenz VA Medical Center

A fully-licensed courier company will provide delivery from the 3535 Market Suite 500 , Philadelphia, PA 19104 to CMCVAMC, 3900 Woodland Ave., Michael J. Crescenz, PA 19104 Tuesday and Friday.

Courier will arrive Monday through Friday at the 3535 Market Street Suite 500 approximately 2:00 PM to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”.

Courier will deliver the specimen containers not later than 2:30 p.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

8. Blood Delivery, Routine: CMCVAMC Outpatient Dialysis → Michael J. Crescenz VA Medical Center A fully-licensed courier company will provide delivery from the CMCVAMC Outpatient Dialysis Clinic, to CMCVAMC, 3900 Woodland Ave., Michael J. Crescenz, PA 19104 Monday through Friday with exception of federal holidays.

Courier will arrive daily at the CMCVAMC Outpatient Dialysis Clinic approximately 11AM to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”. The VA will provide locks and will secure the specimens prior to courier leaving.

Courier will deliver the specimen containers not later than 11:30 a.m. to CMCVAMC, Laboratory, Third Floor, Room 3b134.

Courier will arrive daily at the CMCVAMC Outpatient Dialysis Clinic approximately 4pm to receive diagnostic specimens inside approved (triple-packaged and labeled) containers. Size of this pick-up is approximately 24” × 18” × 24”.

Courier will deliver the specimen containers not later than 4:30pm to CMCVAMC, Laboratory, Third Floor, Room 3b134.

SECURITY REQUIREMENTS

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. 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 onsite 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. 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.

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. 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.

i. 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.

i. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. VA prohibits the installation and use of personally-owned or contractor/subcontractor- owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host- based or enclave based) firewall that is configured with a VA- approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

b. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used

c. to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

5. 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.

6. 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 $37.50 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.

7. 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.

RECORDSMANAGEMENT LANGUAGE FOR CONTRACTS

When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records. Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency- specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually. For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data- rights clauses in the Federal Acquisition Regulations. This language should not replace specific records management requirements included within Federal information system contracts.

RECORDSMANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1.includes VA records.

2.does not include personal materials.

3.applies to records created, received, or maintained by Contractors pursuant to theirVA contract.

4.may include deliverables and documentation associated with deliverables.

C. Requirements

1.Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies ,including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33),NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2.In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3.In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4.VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need- to- know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to agency control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6.The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7.The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

8.The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

9.The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10.The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA shall have unlimited rights to use, dispose of, or disclose such data contained there-in as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11.Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down of requirements to subcontractors

1.The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Quality Assurance Surveillance Plan (QASP)

Service Requirement

Performance Measure

Acceptable Quality Level

Method of Surveillance

Incentive

Disincentive

Timely pick up of specimens at CBOCs

Pick up time as specified in the contract

98% during rating period

Observation and Daily specimen log for each CBOC

Positive Past Performance Review

Unfavorable contractor performance evaluation

Timely delivery of specimens to VA Lab

Arrival time as specified in the contract

98% during rating period

Observation and Daily specimen log for each CBOC

Positive Past Performance Review

Unfavorable contractor performance evaluation

Timely pick- up and delivery of units of blood from the American Red Cross for Both Routine and STAT requests

Confirm receipt of transportation request and transport time via confirmation number immediately upon receipt of request.

98% during rating period

Telephone conformation to Transportation office

Positive Past Performance Review

Unfavorable contractor performance evaluation

B.2 PRICE/COST SCHEDULE

Note: The guaranteed contractual minimum will be met during the initial fiscal year. The Government may order up to the specified maximum contract value of services through task orders under this basic IDIQ contract for all ordering periods. The maximum amount under this contract is not guaranteed.

IDIQ contract Minimum $20,000.00 IDIQ contract Maximum $1,000,000.00

ITEM INFORMATION

QUANTITY

YEAR 1

Period of Performance:

3/25/2018- 3/24/2019 Pick-up from Burlington Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 Trips per day) 20 miles per run

(M-Fri : 2 trips per day) 22 miles per run

(M-Fri: 2 trips per day) 17 miles per run

Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 trips per day) 7 miles per run

(M-Sun: as needed) 5 miles per run

(M-Fri: 1 trips per day) 1 mile per run

(Tue and Fri : 1 trip per day) 1 mile per run

300.00

20.00

YEAR 2

Period of Performance:

3/25/2019- 3/24/2020 Pick-up from Burlington Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 Trips per day) 20 miles per run

(M-Fri : 2 trips per day) 22 miles per run

(M-Fri: 2 trips per day) 17 miles per run

Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 trips per day) 7 miles per run

(M-Sun: as needed) 5 miles per run

(M-Fri: 1 trips per day) 1 mile per run

(Tue and Fri : 1 trip per day) 1 mile per run

300.00

20.00

YEAR 3

Period of Performance:

3/25/2020- 3/24/2021 Pick-up from Burlington Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 Trips per day) 20 miles per run

(M-Fri : 2 trips per day) 22 miles per run

(M-Fri: 2 trips per day) 17 miles per run

Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 trips per day) 7 miles per run

(M-Sun: as needed) 5 miles per run

(M-Fri: 1 trips per day) 1 mile per run

(Tue and Fri : 1 trip per day) 1 mile per run

300.00

20.00

YEAR 4

Period of Performance:

3/25/2021- 3/24/2022 Pick-up from Burlington Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 Trips per day) 20 miles per run

(M-Fri : 2 trips per day) 22 miles per run

(M-Fri: 2 trips per day) 17 miles per run

Outpatient Clinic and deliver to CMCVAMC (M-Fri: 2 trips per day) 7 miles per run

(M-Sun: as needed) 5 miles per run

(M-Fri: 1 trips per day) 1 mile per run

(Tue and Fri…