36C24418Q0277-001.docx

36C24418Q0277

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

646-18-1-081-0001

01-31-2018 Donna Cooper 412-822-3750 02-14-2018 2:pm EST 00244 Department of Veterans Affairs Network Contracting Office 4 Acquisition (90C) 1010 Delafield Road Pittsburgh PA 15215

X

621991 $32.5 Million

N/A

Department of Veteran Affairs VA Pittsburgh Healthcare System P&LMS Core Laboratory University Drive C Pittsburgh PA 15240 00244 Department of Veterans Affairs Network Contracting Office 4 Acquisition (90) 1010 Delafield Road Pittsburgh PA 15215

Austin Payment Center Department of Veterans Affairs

PO#

PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429

See CONTINUATION Page Please see attached

Period of Performance:

Base Year: 04/01/2018 - 03/31/2019 Option Year 1: 04/01/2019 - 03/31/2020 Option Year 2: 04/01/2020 - 03/31/2021 Option Year 3: 04/01/2021 - 03/31/2022

See CONTINUATION Page

Donna Cooper Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

No Text/Intentionally Blank

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: Contracting Officer 36C244 Donna Cooper Department of Veterans Affairs Network Contracting Office 4 Acquisition (90C) 1010 Delafield Road Pittsburgh PA 15215

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#

PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK (SOW)

Blood/Blood Products

The Department of Veteran Affairs, VA Pittsburgh Healthcare System has the following requirement for Blood/Blood Products.

Contracting Officer’s Representative (COR).

Contract Title. Pittsburgh Blood/Blood Products

Background.

Service: Pathology and Laboratory Medicine Service, Core Laboratory has a requirement for the following:

This SOW is for four ordering periods

Base Year: April 1, 2018 – March 31, 2019 Estimated Cost _________________

Option Period 1: April 1, 2019 – March 31, 2020 Estimated Cost _________________

Option Period 2: April 1, 2020 – March 31, 2021 Estimated Cost _________________

Option Period 3: April 1, 2021 – March 31, 2022 Estimated Cost _________________

Total Estimated Cost for All Periods _____________________

Quality of the Product

1. The Contractor will furnish all personnel, supplies, and facilities necessary to collect, process, store, and deliver human blood components and derivatives. The contractor must submit proof that he holds an unrevoked U.S. License which is issued by the Director of Biologics, Food and Drug Administration (FDA) as a source of supply for while blood.

a. All whole blood and blood components provided to patients in VA medical centers must meet the requirements of the American Association of Blood Banks (AABB) and/or the FDA, and Department of Health and Human Services.

b. Specimen and blood components must be transported/ shipped in such a way to ensure the integrity of specimens and blood components and comply with accreditation standards and requirements as defined by FDA and AABB. If interstate shipment of blood and blood components is involved, the Contractor must submit with the offer a statement that such FDA approval has been authorized.

c. If the Contractor fails to meet FDA requirements at their facility, the Contractor will continue to be responsible for supplying VA Pittsburgh with blood products obtained and tested at another FDA accredited facility as stated herein at the agreed upon pricing. No additional charges shall be imposed on VA Pittsburgh if the Contractor must import products.

d. If the Contractor is unable to recruit enough donors to meet the community needs and the needs of VA Pittsburgh, it shall be the Contractor’s responsibility to import blood components in order to meet VA Pittsburgh requirements at no additional cost.

2. Allogeneic blood/blood components must be typed for ABO and Rho(D) in accordance with licensed methodologies, and must be tested for all transfusion transmitted disease markers currently required by both the FDA and AABB.

a. All blood must be collected by the closed system under aseptic conditions, processed in appropriate solutions and the container so labeled. The label must also bear the expiration date of the contents, which must not exceed the Food and Drug Administration (FDA) allowable limit for the type of anticoagulant in which the blood component is drawn.

b. All blood supplied must be free of hemolysis, clots, and excessive chyle.

3. Autologous blood/blood components must be typed for ABO and Rho(D) in accordance with licensed methodologies, and must be tested for all transfusion transmitted disease markers currently required by the FDA.

4. All written deliveries shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

5. The offeror must be capable of providing the blood components and specialized testing detailed in the SOW attachments on a 24-hour per day, seven days per week basis. The Contractor shall modify products as requested and as necessary for the protection of the patient to include but not limit to leukocyte reduction and irradiation.

6. Government reserves the right to inspect Contractor’s facilities to monitor contract compliance but the Contractor shall still remain fully liable for contract compliance absent any government inspections. The Contracting Officer’s Representative (COR) shall inspect the blood components and has the authority to inspect quality, quantity, and verify adherence to the technical and delivery requirements of the contract. The government reserves the right to reject any blood or blood components that do not meet FDA regulations.

7. The Contractor will supply the VA with assurance of the follow:

a. Traceability of all products from collection to delivery.

b. Quality Control (QC) procedures and QC data made available for review.

c. Quality management systems are in place.

d. Current good manufacturing practices are followed.

8. The Contractor’s records pertaining to potency, safety, compatibility testing, and quality of units transfused to VA Pittsburgh patients will be available to VA Pittsburgh upon request with the exception of the identity of the donor.

9. VA Pittsburgh shall not be required to provide confidential patient information unrelated to patient care unless it relates to the transfusion. All confidential patient information must be requested by the Contractor through “Release of Information.”

Changes in Testing Requirements for Transfusion Transmitted Diseases

In the event that additional testing for transfusion transmitted diseases is nationally mandated by the FDA during the contract period, specific price adjustments may be requested by the supplier to address the cost for the additional testing. In the event that this should occur, a letter detailing the rationale for the price increase must be submitted to the Contracting Officer at least 30 days before the intended implementation date.

Donor Requirements

1. The contractor shall maintain readily available blood donor lists, including names, addresses, and social security numbers. Such lists must indicate whether, and on what date, blood of a particular donor was furnished to the VA under this contract.

Offeror’s donor identification numbers must be unique to the donor unit and must have a FDA-approved numbering schematic.

2. Donor selection must be in accordance with criteria established by the FDA and/or the AABB.

3. Contractor prior to delivery will complete the following tests:

· ABO Grouping

· Rho(D) Testing

· Irregular Red Blood Cell Antibody detection

· hepatitis B surface antigen (HBsAg)

· antibodies to hepatitis B core (anti-HBc)

· antibodies to hepatitis C (anti-HCV)

· antibodies to human immunodeficiency virus, type 1 and type 2 (anti-HIV1 and anti-HIV2)

· antibodies to human T-lymphotropic virus, type 1 and type 2 (anti-HTLV-I and anti-HTLV-II)

· genetic viral material to detect HIV type 1 and HCV by nucleic acid amplification

· syphilis

· Zika virus

4. Each platelet component must be tested for bacterial contamination in accordance with AABB standards.

5. Whole blood, red blood cells and components will be supplied in standard FDA licensed collection containers.

6. The above work will be completed on all blood and its components prior to shipment.

Orders/Deliveries/Invoices

1. Orders will be categorized into three types: routine, as soon as possible and STAT. These categories are defined as follows:

a. Routine-Shipments of blood products to maintain minimum inventory levels or blood products ordered to fulfill a standing request. This should be a daily delivery.

b. As Soon As Possible (ASAP) – Shipments of blood products to fill a request for a waiting outpatient, or a non-life threatening need, or to replenish a depleted inventory of a particular blood product which has been used since the previous routine delivery. ASAP orders must be delivered within 4 hours.

c. STAT – A need for blood products so acute that a patient’s life could be jeopardized if the request for blood products is unfulfilled. STAT orders must be delivered within 3 hours of the order being placed. The Contractor shall be responsible for the cost of delivery. In the event there is an issue with antibodies and/ or compatibility of the blood available, the delivery time may be longer than 3 hours at the Government’s discretion. The Contractor shall notify the VA immediately in the event the requirement will not be delivered within 3 hours if the 3 hour delivery time will not be met due to antibodies present or compatibility issues. The Contractor shall notify VA Pittsburgh Blood Bank and advise them of the estimated delivery time. Based on he estimate delivery time, VA Pittsburgh Blood Bank will determine the effect on patient care and advise the Contractor accordingly. VA Pittsburgh Blood Bank reserves the right to contact another vendor if the estimated delivery time is not acceptable to patient care. It is the responsibility of the Contractor to arrange for pickup of specimens and delivery of blood products in an emergency.

2. Contractor shall make delivery services for blood and blood components available 24 hours per day, seven days a week, 365 days a year, subject to blood product availability and a lack of force majeure events as set forth in 48CFR52.212-4(f).

3. The specific volumes distributed in a routine order will be established by VA Pittsburgh medical center. See below for the current inventory minimums. Within ten days after contract award, the contractor shall submit a proposed delivery and route schedule, identifying specific times and room numbers for approval. Schedule may be adjusted periodically.

Minimal Inventory

Red Blood Cells

Leukoreduced Red Blood Cells

8 pool of random platelets

4. Either leukoreduced or non-leukoreduced blood will be ordered on a specific basis.

5. Once units are received by a VA medical center, those units become the property of the VA medical center, and payment will be made appropriately, based on contract terms and proper invoicing. They are not to be treated as though they are on consignment. However, for inventory control purposes, efforts will be made by each VA medical center to assist the contractor and other facilities in meeting patient transfusion needs.

6. The VA will comply with all requirements and regulations associated with the recall and withdrawal of blood or blood components from its inventory due to health and safety risks. . The Contractor shall participate in look back procedures initiated by VA Pittsburgh so as not to impede the ability of the Medical Center to identify if a patient has contracted a transfusion associated disease as a result of a transfusion. The Contractor shall promptly send copies of the recall request to the Blood Bank Medical Director at the VA medical center where the blood product was issued.

7. Efforts will be made to assist the supplier in hosting two blood donor drives at the VA medical center in those cases where it can be reasonably accommodated by the hosting VA site.

8. The Contractor shall invoice VA Pittsburgh bi-monthly (monthly is acceptable) in arrears. The electronic invoicing is done using OB-10 format and sending to Department of Veterans Affairs, Financial Services Center, Austin, Texas.

A detailed invoice shall list the total quantities of each product or service provided during a particular month including date, description, amounts, and quantity. By the 10th of each month, the Contractor shall provide the COR with the detailed invoice in addition to the totals of items and services used, during the preceding calendar month, using the item numbers and descriptions exactly as they are listed in the contract. Credits issued and used each billing cycle will be listed on the invoice.

9. Orders are placed daily into the vendor supported website by the Blood Bank staff.

10. Products are delivered to University Drive C, Bldg 1 Room 2NE105, Pittsburgh, PA 15240.

Shelf Life

1. All blood/blood components must be labeled, stored, and shipped in accordance with the current regulations of both the FDA and the AABB. In the event that these regulations change during the course of the contract, the contractor shall implement the necessary changes as directed/recommended by the regulatory and accrediting agencies.

2. For routine orders, allogeneic blood/blood components must be supplied with appropriate remaining shelf life, as detailed below.

3. For ASAP and STAT orders, the contractor shall provide units with the appropriate remaining shelf life whenever possible however, the VA understands that the urgency of the situation and the availability of the blood product may preclude this possibility.

4. When the VA returns units prior to expiration in accordance with the contractors return policy, the contractor shall credit the VA for units which are returned, as detailed in the Price Schedule.

Value Added Services

1. Contractor shall provide physician consultative services to the VA Pittsburgh Healthcare System that are consistent with the services offered to other non-VA contracted customers. A description of the services must be included with the offeror’s proposal.

2. Contractor shall provide educational programs to the VA Pittsburgh Healthcare System that are consistent with the programs offered to other non-VA contracted customers. A description of the educational programs must be included with the offeror’s proposal.

Definitions

ALLOGENEIC: Blood or blood components drawn from a non-related donor for subsequent transfusion to a patient (synonymous with homologous).

ANTIBODY WORK-UP: Serological work-up performed on potential transfusion recipients, per patient per episode (set of examples); may be defined as simple or complex.

AUTOLOGOUS: Blood drawn from a donor-patient for subsequent transfusion; in this case, restricted to pre-deposit units of blood, i.e., not including intra-operative or post-operative blood salvage.

BLOOD GROUP: ABO Blood group plus the Rho(D) type of the unit, specifically O+, O-, A+, A-, B+, B-, AB+, AB-.

CMV SAFE: Use of CMV safe blood components are indicated in those patients who are undergoing transplantation or are otherwise severely immunocompromised.

COMPONENT (BLOOD COMPONENT): Portion of a unit of whole blood which has been physically separated by some mechanical means, e.g., centrifugation.

CRYOPRECIPITATE: Plasma component which has been prepared to contain high concentrations of Factor VIII and fibrinogen. It is stored in the frozen state and thawed immediately prior to transfusion. Product is used for the treatment of specific coagulation factor deficiencies, such as von-Willebrand’s Disease, hypofibrinogenemia and uremic thrombocytopenia which have been shown to be irresponsive to DDAVP treatment.

DERIVATIVE: Portion of a unit of whole blood or blood component which has been chemically separated by some type of fractionation process. Examples include albumin, plasma protein fraction, intravenous gamma globulin, and various coagulation products.

FRESH FROZEN PLASMA (FFP): Plasma component that is stored in the frozen state and is thawed immediately prior to transfusion. Used for the treatment of significant multiple coagulation factor deficiencies or congenital factor deficiencies not treatable by cryoprecipitate. These may be associated with massive transfusion, severe liver disease, disseminated intravascular coagulation, hemolytic uremic syndrome, or thrombotic thrombocytopenia purpura, but not as a volume expander. Fresh frozen plasma 24 (FP24) is plasma frozen within 24 hours of collection and contains reduced levels of Factor VII and normal levels of Factor V. FP24 may be used interchangeably with FFP unless used to treat Factor VII deficiency.

HOMOLOGOUS: Blood or blood component drawn from a non-related donor for subsequent transfusion to a patient (synonymous with allogeneic).

IRRADIATED COMPONENT: Blood component that has been subject to a minimum central dose of 2500 cGy of irradiation.

LEUKOCYTE-REDUCED BLOOD COMPONENTS: Cellular products prepared by an approved filtration method.

PLATELETPHERESIS: Platelet component which is drawn from a donor using apheresis equipment, is stored in the liquid state, and is roughly equivalent to six to eight units of random platelets. Used for the treatment of significant thrombocytopenia as indicated for random platelets; however, it offers the advantage of minimizing donor exposures to prevent the patient from becoming refractory and/or contracting a transfusion transmitted disease.

PLATELETS (RANDOM): Platelet component that is prepared from a single unit of whole blood and is stored in the liquid state. Used for the treatment of significant thrombocytopenia associated with a variety of other clinical conditions, including active bleeding, massive transfusion, disseminated intravascular coagulation, and scheduled invasive procedures.

RECALL: A request from the supplier of blood component to return a specific unit(s) which was inadvertently issued to the VA medical center, regardless of the reason, or was issued to the VA medical center prior to the receipt of information about a donor which would have prevented such release.

RED BLOOD CELLS (RBC): Red cell components that remain in the liquid state, i.e., not frozen, regardless of anticoagulant. Used for the treatment of anemia which is not treated pharmacologically either due to etiology or time constraints.

ROUTINE ORDERS: Orders that are generally placed on a regular basis at a pre-established time to provide adequate inventory of specific blood components of specific blood groups.

SHELF LIFE: Number of days remaining prior to the expiration date from the date received in the facility.

SPECIAL TYPINGS: Typings for RBC antigens other than ABO and Rho(D); performed in order to find red blood cell units appropriate for patients who have developed unexpected antibodies.

STANDING ORDER: A type of routine order which allows for shipment of a specific volume of specific blood components according to an established delivery schedule; assists the supplier in projecting volumes of components required in order to improve recruitment and minimize waste.

VOLUNTEER DONOR: Person who does not receive monetary payment for blood donation. Benefits, such as monetary time off from work, membership in blood assurance programs, and cancellations on non-replacement fees that are not readily convertible to cash, do not constitute monetary payment.

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.

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).

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.

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.

6. 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.

7. 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:

8. 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.

Records Management Language for Contracts

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

1. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

1. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

1. 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 by the Freedom of Information Act.

1. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

1. The Government Agency owns the rights to all data/records produced as part of this contract.

1. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

1. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

1. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

1. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

END

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Base POP Begin: 04-01-2018 POP End: 03-31-2019

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

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Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

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Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

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Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End: 03-31-2020

0.00

Contract Period: Option 1 POP Begin: 04-01-2019 POP End:…