36C24420Q0072-001.docx

36C24420Q0072

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

693-20-1-086-0001

TBD

36C24420Q0072 11-07-2019 Rosa Rodgers | Rosa.rodgers@va.gov 878-271-6641 11-18-2019 12 noon EST 00244 Department of Veterans Affairs Network Contracting Office 4

X X 541690 $16.5 Million N/A X Service to be performed at:

U.S, Department of Veterans Affairs Wilkes-Barre VA Medical Center 1111 East End Blvd Wilkes-Barre, PA 18711 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 Re-soliciation for the following service: This is a Request for Quote (RFQ) for a 5-Year indefinite delivery/indefinite quantity (IDIQ) contract Radiation Physicist Services at Wilkes-Barre VA Medical Center and two (2) Outpatient Clinics in-accordance-with (IAW) the Performance Work Statment (PWS) Anticipated Period of Performance (POP): See Schedule This procurement is being competed in accordance with (IAW) FAR 13.5. Any reference to FAR 15 (i.e. proposal) is unintended and the contractor should seek clarification from the Contract Specialist /Officer This contract is subject to: FAR 52.219-14; Limitations on Subcontracting; see Section C: FAR 52.212-5 Important Submission Instructions; Review Section E:

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO QUOTERS See CONTINUATION Page X x Table of Contents

B.2 PERFORMANCE WORK STATEMENT (PWS | EQUIPMENT LIST | QASP…..4 -22 B.3 PRICE /COST SCHEDULE…………………………………………...…………..…24-38 B.4 VA INFORMATION AND INFORMATION SYSTEM SECURITY/ PRIVACY LANGUAGE | RECORDS MANAGEMENT LANGUAGE…………………….………..39-46

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO QUOTERS —COMMERCIAL ITEMS…………………………………………………………………..……………..72-78

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: to be determined (TBD)

b. GOVERNMENT: Contracting Specialist: Rosa R. 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 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.1 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

RADIATION PHYSICIST SERVICES (NON-PERSONAL SERVICE)

SECTION 1

DESCRIPTION OF SERVICES

1. SCOPE AND OBJECTIVES:

0. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and incidental services necessary to perform non-personal radiation physicist services. The Contractor shall be responsible for determining the number of personnel required to perform the duties specified in this Performance Work Statement (PWS).

Services shall be provided on-site at:

Wilkes Barre Veterans Affairs Medical Center (WBVAMC) located at 1111 East End Boulevard, Wilkes Barre, PA Services shall be provided off-site at:

· Allentown Outpatient Clinic (AOPC); 3110 Hamilton Boulevard, Allentown, PA

· Sayre Outpatient Clinic (SOPC); 1537 Elmira Street, Sayre, PA.

0. The resulting Contract is a non-personal services contract under which the Contractor is an independent contractor.

1. PERIOD OF PERFORMANCE: See Schedule

1. DESCRIPTION OF SERVICES:

2. The Contractor shall perform the tasks noted below during administrative hours (8:00 am to 4:30 pm) Monday through Friday. The Contractor shall schedule at least one (1) monthly visit to the WBVAMC and 1 yearly visit to the Sayre OPC and Allentown OPC to perform the tasks, unless otherwise noted.

Additional visits will occur as described below. The schedule for the visits shall be coordinated and agreed upon by both parties after award. The Contractor shall notify the Contracting Officer’s Representative (COR) of any changes to the agreed upon schedule as soon as possible, no later than forty-eight (48) hours prior to the scheduled visit.

0. Contractor personnel shall be required to check-in and check-in out with the COR or their designee.

2. In the course of performing the tasks identified below, the Contractor shall be provided with copies of all necessary data and reports, which may contain VA sensitive information. The Contractor shall be provided with these materials while on-site at the WBVAMC, Allentown OPC or Sayre OPC and cannot make copies or remove these materials from the facilities.

2. All evaluations, tests, incident reviews, and inspections noted below shall be accompanied by a written report within ten (10) days of the visit. In addition, all reports should contain the same exact verbage that is referenced in the Joint Commission Standard. As required by the Joint Commission, inspections on all equipment are due +/- 30 days one year from the last inspection. The Contractor is responsible for tracking these dates and scheduling an inspection in a timely manner. The Contractor shall provide same day notification of any negative findings to the RSO or designated point of contact at each of the locations. Reports shall be signed by the Radiation Physicist performing the task and shall be submitted either electronically via email to the Contracting Officer’s Representative (COR) or mailed to the WBVAMC. Contact information for the COR and a mailing address will be provided after award.

2. The Contractor shall perform the following tasks:

3. Assist the Wilkes Barre Veterans Affairs Medical Center (WBVAMC) Radiation Safety Officer (RSO) in conducting the facility’s Radiation Safety, Quality Management and ALARA (as low as reasonable achievable as defined in Title 10, Section 20.1003 of the Code of Federal Regulations) programs.

3. Ensure that all records are maintained as required by the State, Federal, Joint Commission, and American College of Radiology (ARC) standards as well as the requirements of the Nuclear Regulatory Commission (NRC) and the National Health Physics Program (NHPP).

3. Perform annual review of policies and procedure manuals to ensure compliance with the NRC and NHPP.

3. Perform dose calibrator evaluations per manufacturer’s guidelines and national standards to include accuracy, constancy, linearity and geometry testing.

3. Attend quarterly Radiation Safety Committee meetings as described in WBVAMC Policy “Radiation Safety Committee,” dated 15 March 2015(or subsequent revisions thereto), which is attached in Section D of the solicitation. The meetings are held during administrative hours (8:00 am to 4:30 pm) Monday through Friday and last approximately one (1) hour. An attempt will be made to schedule the meeting at a time that is convenient for all the committee members, including the Contractor. The meetings are typically held on the second Wednesday of the first month in each quarter. The Contractor shall be present at the agreed time for the meeting and assist in preparation of the meeting minutes. The Radiation Safety Committee minutes will be provided within seven (7) days of the meeting.

3. Evaluate nuclear medicine equipment annually to ensure compliance with the NHPP including scintillation cameras, positron emission tomography - computed tomography (PET CT) machine, thyroid uptake systems, well counters, and dose calibrators.

3. Assists in the preparation of the NHPP permit renewals, amendments and all other related licensing documents.

3. Prepare a checklist and conduct a quarterly inspection to ensure facility compliance with regulatory standards.

3. Review incidents, i.e. misadministration or medical events involving licensed materials. The WBVAMC will provide a copy of the incident report to the Contractor for review.

3. Review of radiopharmaceutical therapies to ensure documentation is compliant with the NHPP. The Contractor shall provide verbal feedback to the RSO the same day.

3. Assist in the annual preparation of the hospital’s radiation safety plan.

3. Perform quarterly compliance inspections of licensed activities dosing records.

3. Perform quarterly uptake probe and well counter resolution and reproducibility tests.

3. Perform radionuclide sealed source leak tests every six (6) months as required by regulatory standards. There are currently approximately six (6) radionuclide sealed sources at the WBVAMC.

3. Conduct Xenon-133 machine ventilation reviews as required every six months by regulatory standards. There is currently one machine at the WBVAMC.

3. Monitor personnel radiation badge monitoring records and assist the RSO in preparing quarterly ALARA reports in accordance with WBVAMC Policy “Personal Radiation Monitoring Devices and Exposure Level Review,” dated 25 Feb. 2016 (or subsequent revisions thereof), which is attached in Section of the solicitation. The WBVAMC will provide copies of the badge reading records to the Contractor while they are on-site each month. The Contractor brief the facility on their findings at the quarterly meeting, see Section 1.3.d.v, and draft a letter to notify the employee of a high reading (as defined by the NRC). The draft letter shall be provided to the RSO within one (1) week of the visit.

3. Calculate patient radiation dose estimates in accordance with the NHPP if an incident occurs. The calculations shall be completed during the regularly scheduled monthly visit or within five (5) business days of notification, whichever occurs earlier. The Contractor shall provide same day notification to the RSO of the findings and provide a written report with ten (10) calendar days.

3. Perform annual compliance evaluations and generate report of all imaging equipment, see Section 1.3.e.xxvi, on site at the WBVAMC as well as the Allentown Outpatient Clinic (OPC) located at 3110 Hamilton Boulevard, Allentown, PA and the Sayre OPC located 1537 Elmira Street, Sayre, PA. The written report shall include a table listing the equipment inspected, date of inspection, location of equipment, and any deficiencies noted. Verbiage will reflect the same as the Joint Commission Standards.

3. Perform annual Lead Apron evaluation at the WBVAMC, Allentown OPC and Sayre OPC in accordance with WBVAMC Policy “Annual Apron Evaluations,” dated 14 September 2017 (or subsequent revisions thereto), which is attached in Section of the solicitation. There are approximately one-hundred eighty (180) lead aprons at all three locations. The written report shall include a table listing the aprons inspected (aprons will be labeled by the WBVAMC), date of inspection, location of apron(s), and any deficiencies noted.

3. Assist the facility with maintaining NHPP compliance.

3. Perform acceptance testing of new radiographic & fluoroscopic equipment for the WBVAMC, Allentown OPC and Sayre OPC, as requested including reporting on the radiation levels for the area. The acceptance testing shall be performed one (1) business day after the equipment is installed unless the RSO and/or COR decides otherwise. The WBVAMC will provide a schedule of anticipated equipment installation and any changes as needed.

3. Perform quarterly Management Audit for Administration of Radioactive Materials and quarterly Review of Security Guidelines following NHPP guidelines for presentation at quarterly Radiation Safety Committee.

3. Perform Annual Radiation Protection Audit Summary for Nuclear Medicine and Annual Radiation Protection Audit for Diagnostic and Interventional X-ray Imaging. Reports shall be presented through Radiation Safety Committee and follow NHPP guidelines.

3. Provide lead shielding design input for new rooms containing imaging equipment at the WBVAMC, Allentown OPC and Sayre OPC. The input shall be provided during the regularly scheduled monthly visit or within five (5) business days of notification, whichever occurs earlier. The Contractor shall provide a written report within ten (10) days of the visit. In addition, the Contractor shall provide same day notification of any negative findings to the RSO or designated point of contact at each of the OPCs. Reports shall be signed by the Radiation Physicist performing the task and shall be submitted either electronically via email to the Contracting Officer’s Representative (COR) or mailed to the WBVAMC. Contact information for the COR and a mailing address will be provided after award.

3. Training: All trainings noted below will be performed on-site at the WBVAMC during administrative hours (8:00 a.m. to 4:30 p.m.) Monday through Friday.

24. Provide several annual in-service lectures to nuclear medicine personnel on the following topics. The number of trainings shall be proposed by the Contractor:

0. Applicable regulations and license conditions

0. Areas where radioactive material is used and stored

0. ALARA Program Review

0. Appropriate Radiation Safety procedures

0. Licensee’s in-house work rules

0. Worker’s obligation to report unsafe conditions to Radiation Safety Officer

0. Emergency Procedures

0. Worker’s right to be informed of occupational radiation exposure results

0. Trigger level review

0. These trainings shall be scheduled as mutually agreed upon by both parties at any time during the Fiscal Year (1 October through 30 September).

24. Provide Annual Radiation Safety Training for Housekeeping, Nursing, Warehouse, VA Police and Research Staff.

1. These trainings shall be scheduled as mutually agreed upon by both parties at any time during the Fiscal Year (1 October through 30 September).

24. Provide radiation safety training on fluoroscopy and/or nuclear medicine to physicians and other medical staff as requested by Radiation Safety Officer or Imaging Service Chief.

2. The training shall be scheduled as requested by the COR and/or RSO at a time and date to be mutually agreed upon by both parties. The training shall be scheduled within five (5) business days of the request.

24. The WBVAMC shall allocate training space. The Contractor shall develop and maintain course rosters and record training completions. The Contractor shall provide to the COR documentation of completed training sessions that include the names of employees in attendance, dates training was conducted, course name, course length, instructor’s name, and other pertinent information as required by the COR within five (5) business days after course completion. The Contractor shall ensure attendance is taken during the course.

3. Telephonic Consultations: The Contractor shall be available to provide both telephonic consultation services as needed twenty-four (24) hours a day, seven (7) days per week. If not available immediately via telephonic, the Contractor shall return phone calls within sixty (60) minutes. The Contractor shall provide a local or toll-free number where they can be reached.

i. Emergent Radiation Safety Issues: The Contractor shall resolve emergent radiation safety issues via telephonic consultation, if possible. If an on-site visit is deemed necessary by the RSO, Contractor must be onsite within 24 hours for any emergent radiation safety issue. Contractor must be available by telephone for any emergent radiation safety issues within one hour.

ii. Contractor must provide timely services to meet the clinical needs of the medical center for any routine radiation safety issues. Contractor must be onsite within five business days for any routine health physics or radiation safety issue.

iii. Radiation Exposure: The Contractor shall comply with WBVAMC Policy “Radiation Exposure,” dated 9 April 2015 (or subsequent revisions thereto), which is attached in Section D of the solicitation.

iv. Equipment Listing:

Radiographic Equipment List

WILKES-BARRE

VA Medical Center (WBVAMC), Wilkes-Barre, PA

Upgraded 2019

Upgraded 2019

Upgraded 2019

Upgraded 2019

Room 1 C-arm

OEC 9900

Cysto-OR c-arm

GE

Bronch OR c-arm

26770

ALLENTOWN, PA

Outpatient Clinic (AOPC)

SAYRE, PA

Sayre Outpatient Clinic (SOPC)

WILKES-BARRE

VA Medical Center

(WBVAMC),

Wilkes-Barre, PA

Upgraded

SECTION 2

SERVICE SUMMARY

1. SERVICE SUMMARY – PERFORMANCE MEASURES:

Contractor must be available by telephone for any emergent radiation safety issues within one hour.

95%

95%

Positive: A Past-Performance rating well-written and detailed in-relationship to performance

95%

Positive: A Past-Performance rating well-written and detailed in-relationship to performance

Positive: A Past-Performance rating well-written and detailed in-relationship to performance

a. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no additional cost to the Government. When the defective services cannot be corrected by re-performance, the Government may:

i. Obtain the service from another source and charge the contractor with any resultant charges plus actual administrative costs.

ii. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

iii. Reduce the contract price to reflect the reduced value of the services performed.

iv. Take other actions as appropriate, including but not limited to termination of the contract

SECTION 3

GOVERNMENT FURNISHED PROPERTY AND SERVICES

1. GOVERNMENT FURNISHED PROPERTY AND SERVICES:

a. PROPERTY: The Contractor shall have joint use of the WBVAMC for performance of this contract.

b. EQUIPMENT: Contractor personnel shall be provided with survey monitors.

SECTION 4

GENERAL INFORMATION

1. PERSONNEL REQUIREMENTS: The personnel provided by the Contractor to perform the services shall meet the following requirements:

a. Education:

Possess at least a bachelor’s degree in physics or a related field Have at least five (5) years’ experience performing radiation physicist duties in a healthcare facility Board certification in diagnostic radiologic physics or radiologic physics by the American Board of Radiology, or in Diagnostic Imaging Physics by the American Board of Medical Physics, or in Diagnostic Radiological Physics by the Canadian College of Physicists in medicine, or meet all of the following requirements:

A graduate degree in physics, medical physics, biophysics, radiologic physics, medical health physics, or a closely related science or engineering discipline from an accredited college or university

College coursework in the biological sciences with at least one course in biology or radiation biology and one course in anatomy, physiology, or a similar topic related to the practice of medical physics.

Documented experience in a clinical CT environment conducting at least 10 CT performance evaluations under the direct supervision of a board-certified medical physicist.

b. HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor shall check the Health and Human Service – Office of Inspector General, List of excluded individuals/entities on the OIG website (www.hhs.gov/oig) for each person providing services under the contract. Further the contractor shall be required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are not listed.

c. All contract employees must be United States citizens or permanent residents.

d. Contractor personnel shall read, understand, speak, and write English well enough to effectively communicate with patients and WBVAMC staff.

e. Contractor personnel shall maintain open and professional communication with members of the WBVAMC staff, patients and visitors.

f. The contractor shall not have any schedule personnel until written notification is received from the CO advising that the candidate(s) presented has met all requirements for contract performance.

2. CONTINUITY OF SERVICES: The contractor shall ensure sufficient staffing and resources to provide all required services and support through the term of the contract.

3. POST AWARD CONFERENCE: The contractor shall not commence contract performance until the Contracting Officer (CO) has conducted a post award conference or has advised the contractor that a kick off meeting is waived.

4. CONTRACT ADMINISTRATION:

a. Government

· Contracting Officer (CO): The CO has the overall responsibility for the Administration of this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify or deviate from the contract terms, conditions requirements, specifications, detains and/or delivery schedule; make final decisions on disputed deductions from contract payment for non-performance; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. However, he/she may delegate certain other responsibilities to his/her authorized technical representative(s).

· Contracting Officer Representative (COR): A COR will be designated to handle the day-to-day operation of the contract. The responsibilities of the COR include but are not limited to: determining the adequacy of performance by the contractor or in accordance with the terms and conditions of this contract; acting as the Government’s ensuring compliance with contract requirement insofar as the work is concerned; advising the contractor of non-performance or unsatisfactory performance; and advising and documenting to the CO of any issues regarding non-performance, non-compliance or elements of any issues that affect deductions. A designation letter naming the COR and his/her duties will be provided after award.

1. The COR will be the Supervisor, Imaging Service.

b. Contractor: After receipt of contract award, the contractor shall provide the name and telephone number of an individual to act as his/her representative. The designated representative shall be responsible for the administration and coordination of this contract and shall be available to respond to questions/requests Monday through Friday from 8:00 a.m. to 4:30 p.m.

5. KEY PERSONNEL:

a. Except as provided in par. d. below, during the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least fifteen (15) days prior to making any permanent substitutions

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution and complete Curriculum Vitae for the proposed substitute. Proposed substitute shall have comparable qualifications to those of the person being replaced. The Contracting Officer shall notify the Contractor within fifteen (15) calendar days after receipt of all required information of the decision on the proposed substitution.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated in paragraph c. above. All temporary substitutions must have prior credentialing and privileging (as required) at VA.

6. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

a. All Contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation. This requirement is applicable to all subcontractor personnel requiring the same access. The Contracting Officer shall include applicable requirements from the Information System Security and Privacy Language expressed in VA Handbook 6500.6 (Appendix C) in Section of the PWS. In all cases, access (physical and computer) cannot be granted until officially notified by Security Investigations Center (SIC), Little Rock, Arkansas. Access can be granted prior to receiving final adjudication results.

· Position Sensitivity – The position sensitivity for each Contractor position is determined by the VA utilizing the Position Designation System and Automated Tool (PDAT). Each position will be designated at the high, moderate, or low risk level, depending on the position’s potential for adverse impact to the integrity and efficiency of the services (CFR 731.106). Risk levels determine what level of investigation is required.

Note: The Department of Veterans Affairs (VA) Personal Identity Verification (PIV) Program Office began implementing the rollout of the PIV Program across the enterprise to more than 200 VA sites in 2009. This new policy will most likely require all contractors to be fingerprinted at a minimum, regardless of their position at VA.

· Background Investigation - The level of background investigation commensurate with the required level of access may be either a Special Agreement Check (SAC), National Agency Check with Written Inquiries (NACI) (low risk), Moderate Background Investigation (MBI) (moderate risk), or Background Investigation (high risk). Non-citizen contract personnel appointed to low risk positions will be subject to a National Agency Check with Law Enforcement and Credit Check (NACLC).

· Contractor Responsibilities:

*RECIP stands for reciprocation meaning an existing VA clearance can be used.

2. The amounts stated above are current for fiscal year 2012 but are subject to annual price changes as established by the Office of Personnel Management (OPM) in the Federal Investigations Notices. Contractors shall be billed per OPM/SIC guidelines and should anticipate annual increases. All fee schedule questions should be directed to the SIC at 501-257-4490 or VHALITBackgroundInvestigations@va.gov.

3. The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they are able to read, write, speak, and understand the English language.

4. The Contractor employees shall download, complete, and mail the documents required for any risk positions within forty (40) calendar days of receipt of e-mail or the investigation will be cancelled. E-mail notifications will be received by the Contractor from the VA Security Investigations Center (SIC) explaining specific instructions once an investigation has been ordered. Access to the VA cannot be granted until the SIC has received all the required documents from the Contractor. Documents and further instruction will be provided after award.

a. The employee must be fingerprinted as part of an investigation. Electronic fingerprinting can be performed at the nearest VA Medical Center. Please contact the Contracting Officer so he/she can make arrangements. The VA uses electronic fingerprint machines which require the employee to fill out the Electronic Fingerprint Verification Letter on the VA's Security Investigations Website. If electronic fingerprinting is not feasible, please contact the local police department or sheriff’s office. If you choose to utilize the local police department or sheriff’s office, you must use the FD 258 fingerprint cards which must be requested from the SIC. (Fingerprint cards are not mailed unless requested.) The hard fingerprint card or verification letter must be included in the same package with all the other forms when sent to the Security Center for processing. Do not send packages without the hard card prints or verification letter, or the package will be returned.

5. The Contractor, when notified of an unfavorable determination by the Government, will withdraw the employee from consideration from working under the contract.

6. Failure to comply with the Contractor personnel security requirements shall result in termination of the contract for default.

7. Upon contract award, the Contractor shall furnish the Information Security Office and the Contracting Officer a list of personnel performing work on the contract. The list will include a brief description of the work to be performed and degree of access to information management systems required. The description of the required degree of access will address if remote access is required. The Contractor will update and submit the list of personnel performing work on the contract to the Information Security Office every year, throughout the contract period. Furthermore, it is the Contractor's responsibility to notify the Information Security Office immediately when personnel performing work under this contract no longer require access to information management systems.

· Government Responsibilities:

1. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

2. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances, the Contractor will reimburse the VA facility within 30 days of receiving the Bill of Collections.

3. The VA Office of Security and Law Enforcement will notify the contracting officer and Contractor after adjudicating the results of the background investigations received from OPM.

4. The contracting officer will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

b. Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information and information systems belonging to or being used on behalf of the Department of Veterans Affairs. The Contractor will be responsible for the actions of those individuals they provide to perform work for the VA under this contract. If damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor will be responsible for all resources necessary to remedy the incident. Printed output containing sensitive VHA data will be stored in a secured area and disposed of properly by shredding using a NIST-compliant shredder or other VA approved method. Under the provisions of the Privacy Act of 1974 as amended, personnel performing work under this contract have an obligation to protect VA information indefinitely. Furthermore, it is the Contractor's responsibility to notify the Information Management staff when access to Information Management systems is no longer needed by personnel performing work under this contract.

c. Contractor personnel are required to complete the online training classes entitled “VA Privacy and Information Security Awareness and Rules of Behavior” and “Privacy and HIPAA Training.” The necessary link and instructions to gain access are found at https://www.tms.va.gov/plateau/user/logout.do. A certificate of successful completion will be generated for each course. Copies of the certificates shall be faxed to the Information Security Officer, contact information to be provided after award, and to the COR. Completion of these training courses is required on an annual basis based on the VA’s fiscal year (1 October through 30 September).

d. If deemed required under this agreement, the Contractor shall be considered part of the Department of Veterans Affairs (VA) for purposes of 38 U.S.C. §§ 5701 and 7332. Contractor personnel may have access to patient medical records to the extent necessary to perform this contract. Notwithstanding any other provision of this agreement, the Contractor and its personnel may disclose patient records and individually-identified patient information, including information and records generated by the Contractor in performance of this agreement, only pursuant to explicit disclosure authority from VA.

e. The VA may provide Contractor and subcontractor employees with access to VA automated patient records maintained on VA computer systems only to the extent and under the same conditions and requirements as VA provides access to these records to its own employees.

f. All Contractor personnel and any subcontracted employees, if applicable, accessing the VISTA system will be required to sign and abide by all VA security policies, and applicable VA confidentiality statutes, 38 U.S.C. §5701, 38 U.S.C. §7332, and the Privacy Act, 5 U.S.C. §552a, as well as 45 C.F.R. Parts 160, 162 and 164 (Health Insurance Portability and Accountability Act). The VA will provide access applications and security agreements. Contractor shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality. Due to the confidential nature of medical reports, all transcription must be completed in areas that provide reasonable security. All documents are confidential and are protected under the Privacy Act of 1974, as amended. All vendor personnel shall be required to observe the requirements imposed on sensitive data by law, federal regulations, VA statutes and policy, DM&S policy and the associated requirements to insure appropriate screening of personnel.

g. If deemed required under this agreement, the database utilized by the Contractor, the adverse drug event reports provided to the Contractor by VA, and documents created from analyzing this database, the adverse drug event reports, and patient medical records are medical quality assurance records protected by 38 U.S.C. § 5705, its implementing regulations at 38 U.S.C. §§ 17.500-.511 and VHA Directive 2002-043, Quality Management (QM) And Patient Safety Activities That Can Generate Confidential Documents. These records may be disclosed only as authorized by § 5705 and the VA regulations. Disclosure of these records in violation of § 5705 is a criminal offense under 38 U.S.C. § 5705(e).

h. If deemed required under this agreement, the treatment and administrative patient records created by, or provided to, the Contractor under this agreement are covered by the VA system of records entitled "Patient Medical Records - VA (24VA136).

i. All quality data maintained by the Contractor and/or its employees shall be shared with designated Service Line Staff.

j. No VA data is permitted to be stored on Contractor portable media, including but not limited to flash drives, CDs/DVDs, external hard drives, etc., without obtaining a waiver. Waiver request forms can be obtained from the VA Information Security Officer. Any portable media which is granted approval to be utilized by the Contractor under this contract must be encrypted in accordance with the security requirements identified in FIPS 140-2. Only flash drives and encryption software explicitly approved by the VA may be used if granted a waiver.

k. No VA data is permitted to be stored on a desktop or laptop computer hard drive. Use of any portable computer under this contract must be approved by the ISO, and the computer’s hard drive must be encrypted in accordance with FIPS 140-2.

l. Non-VA equipment is not permitted to be connected to the VA network without prior approval. If a laptop or desktop computer must be connected, a security check must be completed by the VA IT Staff. If unapproved equipment is detected, it will be immediately disconnected from the network.

m. Contractor employee shall always be required to wear a facility provided photo identification badge while on WBVAMC property.

n. VA Handbook 6500 requires the following statement be included on all fax cover sheets: “This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.”

7. SUBCONTRACTOR PROVIDED SERVICES: Individuals that provide services under this contract who are not employees of the contractor shall be regarded as subcontractors. The contractor shall be responsible and accountable for the quality of care delivered by any of its subcontractors and for subcontractors’ strict compliance with all contract terms and conditions.

8. TORT CLAIMS: The Federal Tort Claims Act does not cover Contractor employees. When a Contractor’s employee has been identified as a provider in a tort claim, the Contractor employee is responsible for notifying the Contractors’ legal counsel and/or insurance carrier. Any settlement or judgment arising from a Contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

9. CONFLICT OF INTEREST: The Contractor and/or sub-contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor and/or sub-contractor shall not employ any person who is an employee of the Department of Veterans Affairs, unless such person seeks and receives approval in accordance with applicable policy.

10. COMMUNICATION: The Contractor shall maintain open and professional communication with WBVAMC staff members. Complaints validated by the COR, shall be reported in writing to the contract administrator and the Contractor for action. Failure of the Contractor to correct validated complaints raised by the WBVAMC staff and the CO will be considered a failure to perform.

11. APPEARANCE: Contractor personnel shall present a neat appearance and be easily recognized as contractor personnel. Clothing shall be appropriate for the duties specified in this PWS.

12. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT of 1996 (HIPAA): Contractor shall adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor is not required to enter into a Business Associate Agreement (BAA) with VA under this contract.

13. THE JOINT COMMISSION AND OTHER SPECIAL REQUIREMENTS:

a. The Contractor will be responsible to ensure that contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

b. Although this contract does not require Joint Commission accreditation or other regulatory requirements regarding worker competency, the contractor shall perform the required work in a manner that meets or exceeds requirements of Joint Commission. If proposing a non-Joint commission accreditation, the Contractor shall provide justification that this accrediting body meets or exceeds the standards set by Joint Commission. The Contractor is required to provide a current performance evaluation (proficiency or competency) on all Contractor employees providing services under the contract. The Contractor will provide current copies of the performance evaluations at the time of contract award and annually on the anniversary date of contract award to the VA Contracting Officer, or upon request.

c. The Contractor will provide and document a general orientation for all Contractor personnel who provide work on this contract before commencement of work. Documentation of the orientation will be provided to the Contracting Officer. This orientation will include the following topics:

· Fire and safety policy and procedure

· Infection control policy and procedure

· Emergency Preparedness/Disaster policy and procedure

d. The VA will monitor the contractor employees’ work to ensure contract compliance.

e. Notwithstanding other contract requirements, upon request of the Contracting Officer, the Contractor will remove from the work site, any Contractor employee who does not comply with orientation requirements or meet competency requirements for the work being performed.

f. Where the contract does not require Joint Commission accreditation or other regulatory body requirements, the Contractor shall perform the required work in a manner that meets or exceeds requirements of Joint Commission. A copy of these standards may be obtained from the Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL, 60181.

14. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

a. As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing.

To fulfill this requirement VA uses an online database,

· CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

· PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS).

· FAPIIS is a web-enabled application accessed via CPARS for…