36C24420Q0727.pdf

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 80

36C24420Q0727 08-26-2020

Daniel Johnson 717-228-6018 09-08-2020

12:00 P.M.EST

00244

Department of Veterans Affairs

Network Contracting Office 4

Lebanon VA Medical Center

1700 South Lincoln Avenue PA 17042

X 100

X

561621

$22 Million

N/A

X

Department of Veterans Affairs

Pittsburgh VA Healthcare System

1010 Delafield Road

Pittsburgh PA 15215

00244

Department of Veterans Affairs

Network Contracting Office 4

Lebanon VA Medical Center

1700 South Lincoln Avenue

Lebanon PA 17042

Austin Payment Center

PO Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

The requirement is for a Wandering Solution to be installed and serviced at the Pittsburgh VA Healthcare System.

The Contractor is responsible for selecting the correct work

Classification Code located in Section D.

Base Period: DATE OF AWARD-12/31/2020

Option Year One (1): 01/01/2021-12/31/2021

Option Year Two (2): 01/01/2022-12/31/2022

Option Year Three (3): 01/01/2023-12/31/2023

Option Year Four (4): 01/01/2024-12/31/2024

$0.00

See CONTINUATION Page

X X

Gregory Wizar

Branch Chief

36C24420Q0727

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERIOD OF PERFORMANCE

B.4 STATEMENT OF WORK

PART 13 ADDITIONAL REQUIREMENT

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 31

C.7 52.232-1 PAYMENTS (APR 1984)

C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 SEC 01 01 10 – MEDICAL CENTER REQUIREMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 SUBMISSION OF QUESTIONS AND QUOTES

E.2 SOLICITATION EVALUATION

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.5 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)

E.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAR 2020)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C244

Network Contracting Office 4

Lebanon VA Medical Center

1700 South Lincoln Avenue PA 17042

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Wandering System

Installation

1.00 JB

Contract Period: Base Period

POP Begin: DATE OF AWARD

POP End: 12-31-2020

1001 Wandering System

Ongoing Support and

Licensing

12.00 MO

Contract Period: Option 1

POP Begin: 01-01-2021

POP End: 12-31-2021

2001 Wandering System

Licensing

Contract Period: Option 2

POP Begin: 01-01-2022

POP End: 12-31-2022

3001 Wandering System

Ongoing Support and

Licensing

Contract Period: Option 3

POP Begin: 01-01-2023

POP End: 12-31-2023

4001 Wandering System

Licensing

Contract Period: Option 4

POP Begin: 01-01-2024

POP End: 12-31-2024

GRAND TOTAL

B.3 PERIOD OF PERFORMANCE

ITEM NUMBER QUANTITY

PERIOD OF

PERFORMANCE

1.00 JB DATE OF AWARD –

12/31/2020

12.00 MO 01/01/2021 – 12/31/2021

12.00 MO 01/01/2022 – 12/31/2022

12.00 MO 01/01/2023 – 12/31/2023

12.00 MO 01/01/2024 – 12/31/2024

B.4 STATEMENT OF WORK

STATEMENT OF WORK

VA PITTSBURGH HEALTHCARE SYSTEM

GENERAL

The VA Pittsburgh Healthcare System (VAPHS) has a requirement for all labor, materials, support and travel to provide, install, and support a Resident Wandering System (RWS) at its

H.J. Heinz campus in O’Hara Township, at 1010 Delafield Road, Pittsburgh, PA, 15215. The

Contractor shall install and support an RWS in Buildings 50, 51 and 71 of the H.J. Heinz campus.

The Contractor shall install, test and commission the system in Base Period of the contract and shall support the RWS for the life of the contract, including all Option Years.

SCOPE OF WORK:

The Scope of Work includes installation, system design, training, and support of a Resident

Wandering System (RWS). The Department of Veterans Affairs (DVA) seeks to acquire a RWS to be installed and maintained at the stated VA medical facility. The system shall monitor designated residents and notify VA clinical staff of any residents attempting to leave designated areas.

WORKING HOURS

If Contractor is required to be onsite, it must be between the hours of 8:00 A.M. EST – 4:00 P.M.

EST on Monday – Friday (EXCLUDING FEDERAL HOLIDAYS). If one of the planned days overlaps a holiday, the Contractor shall reschedule another day/time with the COR, at no additional cost to the Government.

PERIOD OF PERFORMANCE

Base Period: DATE OF AWARD – 12/31/2020

Option Year One (1): 01/01/2021 – 12/31/2021

Option Year Two (2): 01/01/2022 – 12/31/2022

Option Year Three (3): 01/01/2023 – 12/31/2023

Option Year Four (4): 01/01/2024 – 12/31/2024

Installation shall be conducted during the Base Period. Ongoing support and licensing shall be for Option Years One (1) – Four (4).

The contractor shall provide nine (9) system computer workstations at the locations listed below:

Building 50 - Ground South, Nurse Station

Building 50 - 1 North Nurse Station

Building 50 - 1 South Nurse Station

Building 51 - 1A PCC Office

Building 51 - 1A101 VA Security

Building 51 - 2A Nurse Station

Building 51 - 2B Nurse Station

Building 51 - 3A Nurse Station

Building 51 - 3B Nurse Station

RESIDENT WANDERING SYSTEM REQUIREMENTS

PART 1 REGULATORY COMPLIANCE REQUIREMENTS

1.1 Federal Communications Commission (FCC):

FCC (47 CFR 15) Part 15 – Limitations on the use of wireless.

1.2 National Fire Protection Association (NFPA):

NFPA70 - National Electrical Code.

1.3 Underwriters Laboratories (UL):

ITE UL 60950

PART 2 PROJECT REQUIREMENTS

2.1. APPLICABLE CODES & STANDARDS AND INSTALLATION

2.1.1. All penetrations made by the Contractor in fire and smoke walls, and other rated barriers shall comply with manufacturer’s requirements for the repair system utilized. Contractor shall present proof of compliance prior to making the penetration and notify the COR for inspection immediately after the penetration is repaired.

2.1.2. The Contractor shall provide a Resident Wandering System (RWS) that complies with HIPPA requirements.

2.1.3. The Contractor shall provide written proof from the system manufacturer authorizing the Contractor to install and support the RWS, if Contractor is not the

Original Equipment Manufacturer.

2.1.4. The Contractor shall ensure that all work provided under this section meets the minimum requirements of Codes and Standards listed in PART 1.

2.1.5. The Contracted Solution shall not require DVA (DEPARTMENT OF

VETERANS AFFAIRS) employees to maintain system infrastructure. The contractor is responsible for system maintenance and repairs during the installation and warranty periods as required in PART 4 of this Statement of Work and for infrastructure repairs for the duration of the contract unless damage has been caused by DVA.

2.1.6. The Contractor shall verify that all system component updates, upgrades, bug fixes and other recommended system modifications are rigorously tested and proven to be stable prior to installation and implementation.

2.1.7. The Contractor shall provide an initial list of any/all 3rd party software components included in the system and update this list whenever any 3rd party components are added, deleted or modified.

2.1.8. The Contracted Solution shall be a stand-alone system and shall operate without connection to the DVA computer network.

2.1.9. The Contracted Solution shall be integrated with notification systems necessary to provide centralized event management, notification and reporting capabilities.

2.1.10. The Contracted Solution shall provide multiple means of protecting against elopement, including generating an alarm when the door is open, and a tag is within the field. Visual and audible alarm notifications must be initiated both locally and at the resident’s assigned nurse station when a resident enters predefined areas and zones.

2.1.11. Any Radio Frequency (RF) energy generated during system operation shall not affect existing Wi-Fi, computer and network systems, building control equipment, medical equipment, physical security devices and any other medical center equipment and systems. “Leakage” of RF energy between floors is not acceptable.

2.1.12. The Contracted Solution shall be expandable to provide additional coverage.

2.2. SYSTEM CAPABILITIES

2.2.1. Provide the location of tagged individuals within the area covered by the RWS.

2.2.2. Exceptions to alarms initiated by resident tags may be applied on an individual basis. This is programmable by DVA staff.

2.2.3. Ability to set alarm parameters.

2.2.4. Ability to easily allow staff escort of monitored resident through protected areas without alarming system.

2.2.5. Provide alarm information presented in an intuitive visual format including location and resident identifier. All building areas should be included within assigned geo-boundaries with associated textual descriptions. These locations and descriptions shall be used to identify resident tag location at system workstations.

2.2.6. Alarms may be cleared at any RWS workstation or at the alarm locations.

2.2.7. The Contractor shall provide resident tags that shall be locatable within 25 feet inside the buildings covered by the RWS and within 40 feet outside the buildings.

PART 3 RESIDENT WANDERING SOLUTION CHARACTERISTICS

3.1. The Contractor shall provide items as follows:

3.1.1. All data cabling to be plenum-rated CAT 6. All cables are to be labeled.

3.1.2. Head end (server) equipment power supplies, server and software

3.1.3. Associated hardware, mounting equipment and connectors

3.1.4. Program and test all alarm devices and confirm area and zone.

3.1.5. Supply complete documentation of system infrastructure to correspond to as-built system components and cabling.

3.2. Physical configuration:

3.2.1. Power for all system devices such as door controllers, exciters, gateways and antennas should be provided from the head end of the system.

3.2.2. The Contractor shall provide and install exciters, gateways and other devices necessary to cover resident-accessible areas in Buildings 50, 51 and 71.

3.2.3. DVA will provide 120 VAC power receptacles for system workstation computers and monitors.

3.3. Alarms and Events:

3.3.1. The system should report an Alarm condition when an exit door is opened, and a resident tag is within the controller’s field.

3.3.2. The system should provide visual and audible alarm notifications both locally and at the resident’s assigned nurse station when a resident enters predefined areas or zones.

3.3.3. The system should be configured to report Loitering and Door Ajar events. Event notification shall be communicated in the same manner as alarms.

3.3.4. Settings such as schedules, users and event logs should be configurable from system workstations and from a wireless tablet or other smart device.

3.3.5. The Contracted Solution should provide alarm and notification for seventy-three

(73) exit doors and elevator locations shown in solicitation drawings including all required hardware and software required to meet solicitation requirements.

3.4. Elevator Configuration

3.4.1. The system shall integrate with the buildings’ elevators to restrict residents from leaving designated areas. Elevator access points shall include a means to allow elevator operation while a tag is present.

3.5. Tags:

3.5.1. The Contracted Solution shall be capable of tracking resident tags as described below:

3.5.1.1. Resident tags shall be minimally sized and be programmable to a unique user.

3.5.1.2. Shall be capable of being worn on either an ankle or wrist.

3.5.1.3. Should have a minimum of 12 months of battery life.

3.5.1.4. Additional tags should be able to be added after initial installation without expanding network hardware.

3.5.1.5. The resident tag should automatically signal low battery warning.

3.5.1.6. The resident tag should be able to be disinfected and sterilized for resident re-use.

3.5.1.7. The resident tag shall be resistant to tampering and removal

3.5.1.8. The resident tag should be uniquely identifiable by the system.

3.5.1.9. Means should be provided that activates the Tag(s), displays Tag battery level status and is used when scanning Tags.

PART 4 POST INSTALLATION REQUIREMENTS

4.1. The Contractor should provide around-the-clock, (24/7/365), direct access technical support to address any system problems. The Contractor shall offer remote technical support capability, including the ability to remotely access system resources and resolve issues. Contractor shall also respond within eight (8) hours, for any necessary onsite repairs.

4.2 The Contractor shall furnish a warranty for the resident wandering system, as follows:

4.2.1. Conditions: Abnormal deterioration and failure of the system to meet performance requirements.

4.2.2. Period: The Contractor shall guarantee all labor, workmanship, and materials for the resident wandering system for a period of a minimum of one (1) year from the date of Final Acceptance with the exception for certain products and batteries.

Should failure occur within the first year to the system, the Contractor shall provide with shorter termed warranty period all labor and materials necessary to restore the system to the condition required for the final test and acceptance for this Contract, at no cost to the DVA.

4.2.3. The Contractor’s warranty shall include all costs related to troubleshooting, repair and replacement of defective work, including costs of labor, transportation, materials, equipment and other costs as necessary to restore the system to a complete and operational state.

4.2.4. Tie-ins: During the Warranty period, additional components should be connected to the installed systems. New devices will be connected in the same manner as described in the contract and the existence of the new connections shall not void this guarantee. Where software is part of the system, new information should be entered in the database to extend operation of the system.

4.2.5. The Contractor shall provide local service by factory trained personnel from an authorized distributor/reseller of the equipment. The dealer shall have available stock or have parts readily available of the manufacturer’s standard parts for the primary system components and devices. The inventory of spare parts requirement is assuming availability of components through a dealer network and/or obtained from respective manufacturers within the required time frame.

4.2.6. The Contractor shall correct any software or firmware defects identified during the Warranty period without additional cost to the DVA.

4.3. The Contractor should furnish training for the Resident Wandering System, as follows:

4.3.1. Clinical training shall cover all end-user features of the software application.

Follow up training may occur three (3) to nine (9) months after system startup.

4.3.2. Technical training shall be provided during the day shift (8am-4pm) to the DVA.

Technical training shall cover review of hardware (including troubleshooting tips for repair), end-user features of the software application and administrative features of the software application (including troubleshooting tips to repair software).

4.4. The Contractor should offer an extended service and maintenance program from the

Manufacturer to the DVA for future years of operability. The DVA shall inform the

Contractor of the acceptance or rejection of the program at the time of Final Acceptance.

4.5. The Contractor should warrant that all work furnished under this Contract will be of good quality, free from faults and defects, and in conformance with the Contract

Documents.

4.6. The Contractor should implement and maintain a Quality Control System that results in correction of potential and actual problems throughout the scope of the contract performance. The Quality Control System shall contain processes for corrective actions without dependence upon Government direction and shall maintain records of all contractor quality control inspections and corrective actions.

PART 5 INFECTION CONTROL AND SAFETY REQUIREMENTS

5.1 The Contractor shall adhere to all OSHA, EPA, NFPA Life Safety Codes, and all other regulatory requirements contained in VAPHS Medical Center Requirements (MCR), Sec.

01 01 10, see Section D.2 for more details. VAPHS MCR outlines general safety, confined space, dust control, permits, hazardous materials handling, environmental protection and other safety and health requirements.

5.2 In performance of this contract, the Contractor shall follow VAPHS safety policies and standards for safe work practices and take such safety precautions as the VAPHS Safety

Officer or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with VAPHS smoking policy, which designates all interior space as non-smoking areas.

5.3 Patient, employee, visitor, and Contractor’s personnel safety best practices shall be adhered to at all times. The Contractor is responsible for the safety and health of his/her employees.

The Contractor shall comply with all applicable OSHA safety and health standards. The

Contractor shall replace all safety guards, equipment, devices, etc., removed during service or repair immediately after completion of work or when leaving a job unattended.

5.4 The Contractor is responsible for identifying, providing and maintaining all personal protective equipment (PPE) required to perform the duties outlined in the contract.

Additionally, the Contractor is responsible for identifying and adhering to all applicable safety program guidelines (lockout/tag out, confined space entry, universal precautions, etc.) required to perform the work. Contractor is responsible for providing and documenting any and all required safety training and proper use of PPE to their employees.

Training documentation will be provided to the COR upon request.

5.5 The Contractor shall be notified of any non-compliance with the provisions of the contract.

The Contractor shall, after receipt of such notice, immediately correct the condition and notify the COR/contracting officer in writing that the condition has been corrected. If, in the opinion of the VAPHS Safety Officer or designee, the compliance condition is considered to be life threatening, he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the contracting officer may issue an order halting all or any part of the work, and Contractor may be held in default. The Contractor will bear all costs associated with a stoppage of work or time spent correcting any safety hazards.

PART 6 VHA HEALTHCARE DIRECTIVE

Flu Vaccination Program - VHA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Health care personnel is defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers, and trainees who work in VHA locations. HCP covered by the policy are expected to receive annual influenza vaccination. Those HCP unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.

It is the responsibility of the contractor to ensure that all contract staff are compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:

• Documentation of vaccination, e.g., signed record of immunization from a health care provider or pharmacy, or a copy of medical records documenting the vaccination.

• Completed Health Care Personnel Influenza Vaccination Form (Attachment B of VHA

Directive 1192) if unwilling or unable to receive the vaccine.

The Contractor is required to submit annual certification to the Contracting Officer’s

Representative (COR) that all contract staff performing services at VA facilities are in compliance with VHA Directive 1192.

6.1 Standard Personnel Testing/Infection Control

The Contractor shall provide proof of the following tests for their staff within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer.

Tests shall be current within the past year.

• TUBERCULOSIS TESTING: Contractor shall provide proof of a negative reaction to PPD testing for all Contractor staff. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

• RUBELLA TESTING: Contractor shall provide proof of immunization for all

Contractors staff for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR

• OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS; Contractors shall provide generic self-study training for all Contractors staff; provide their own Hepatitis B vaccination series at no cost to the

VA if they elect to receive it; maintain an exposure determination and control plan;

maintain required records; and ensure the proper follow-up evaluation is provided following and exposure incident

VAPHS shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractors shall adhere to current CDC/HICPAC Guidelines for Infection Control in healthcare personnel (as published in American Journal for Infection Control- AJIC 1998;

26:289-354.

PART 7 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

All Contractor’s employees and subcontractor employees requiring unescorted access to VA facilities and/or access to VA Technology resources (network and/or protected data) must complete a Special Agreement Check (SAC) investigation conducted by the FBI National

Criminal History Check (NCHC).

The following forms are required for a SAC: Fingerprints and OF306 Declaration for Federal

Employment.

The employee must be fingerprinted as part of the investigation. Electronic fingerprinting can be performed at the VAPHS and will be coordinated through the COR and Human Resources

Office.

The Contractor shall bear the expense of the background investigation(s), regardless of the final adjudication determination. A Bill of Collections shall be generated by the VA after final adjudication determination has been received.

PART 8 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

A Contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

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.

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.

PART 9 VA INFORMATION CUSTODIAL LANGUAGE

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).

PART 10 SECURITY INCIDENT INVESTIGATION

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.

PART 11 LIQUIDATED DAMAGES FOR DATA BREACH

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.

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.

PART 12 TRAINING

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.]

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 one (1) week of the initiation of the contract and annually thereafter, as required.

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.

PART 13 ADDITIONAL REQUIREMENT

HIPAA-Focused Training" prior to the performance of the contract and annually thereafter.

Training must be completed in VA’s TMS system (https://www.tms.va.gov/) or via hard copy training documents.

PART 14 POINT-OF-CONTACT

COR: TBA

Phone: TBA

Email: TBA https://www.tms.va.gov/

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.202-1 DEFINITIONS NOV 2013

52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.204-19 52.204-25

INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

DEC 2014

AUG 2019

52.213-2 INVOICES APR 1984

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2018

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DEC 2015

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2017

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-25 PROMPT PAYMENT JAN 2017

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.233-3 PROTEST AFTER AWARD AUG 1996

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AUG 2019

52.247-34 F.O.B. DESTINATION NOV 1991

52.249-1 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (SHORT FORM)

APR 1984

52.249-2 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE)

APR 2012

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING

AND COMPLIANCE

JUL 2018

852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE

JUL 2018

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE OCT 2019

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting…