36C24421Q1115_1.docx

36C24421Q1115

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

08-25-2021 Brandi Shellhammer 412-822-3797 09-07-2021

11:00AM

EDT

00244 Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh PA 15215

X

339116 500 Employees

N/A

Department of Veteran Affairs Veterans Health Administration Erie VA Medical Center 135 est 38th Street Boulevard Erie PA16504 00244 Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh PA 15215

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429

See CONTINUATION Page

This Request for Quote is being completed IAW FAR PART 13.

Offsite Dental Lab Services shall be in accordance with the Statement of Work.

Award is intended to be a five (5) year Indefinite Delivery

Requirements Contract. Individual task orders will be placed against this contract to fund a specific period of performance contingent upon availability of funds.

The anticipated award date is 10-1-2022

See CONTINUATION Page

Mark Knorr Contracting Officer

Table of Contents

D.1 Wage Determination 2015-4223 Rev 16……………………………………...…………50

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 Mark Knorr; Email: Mark.Knorr@va.gov Department of Veteran Affairs Network Contracting Office4 1111 East End Blvd.

Wilkes-Barre, PA 18711 Contract Specialist; Brandi Shellhammer; Email: Brandi.Shellhammer@va.gov Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh PA 15215

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: 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. Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp.

Secure Fax - 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.

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

B.2 PRICE/COST SCHEDULE

***Quantities below are estimates only. Estimated Quantities are based on a five year ordering period. The ordering period will run from October 1, 2021 – September 30, 2026. Task orders will be issued annually, contractor shall only be paid for completed and accepted work by the VA. The individual unit prices will be utilized for ordering.

ITEM INFORMATION

Basic Acrylic Repair (i.e., crack or broken flange) Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2026

Charge for adding one (1) tooth in addition to basic repair (lab determines tooth brand)

Additional charge per tooth using IPN anterior

Additional charge per tooth using IPN posterior

Adding clasp in addition to basic repair: Wrought wire

Adding clasp in addition to basic repair: Cast clasp

Wire reinforcement in addition to acrylic repair

Mesh reinforcement in addition to acrylic repair

Weld to partial with repair

Relines Traditional: Complete Denture

Relines Traditional: Partial Denture

Relines Traditional: Lab processed soft reline material that should last up to five (5) years

Rebases: Complete Denture

Rebases: Partial Denture

All acrylic partial (flipper) one (1) tooth (IPN)

Additional charge for each IPN anterior tooth

Additional charge for each IPN posterior tooth

All acrylic partial additional charge for each cast clasp

All acrylic partial additional charge for each wrought iron clasp

Repairable flexible acrylic partial such as Duraflex: 1 tooth (IPN)

Additional charge for each IPN anterior tooth

Additional charge for each IPN posterior tooth

Custom Trays: Crown and bridge (4 stops and should end 1 mm above line scribed by dentist made from TRIAD material no shellac vacuform)

Custom Trays: Complete denture (4 stops and should end 1 mm above line scribed by dentist made from TRIAD material no shellac vacuform)

Custom Trays: Partial denture (4 stops and should end 1 mm above line scribed by dentist made from TRIAD material no shellac vacuform)

Bite Block/Bite Rim for Dentures (TRIAD material not shellac Vacuform)

Partial Dentures:

Cost for metal framework (chrome cobalt with clasps) Contract Period: Base

Partial Dentures: Basic Set-up charge

Partial Dentures: Additional charge for each IPN anterior tooth

Partial Dentures: Additional charge for each IPN posterior tooth

Partial Dentures: Process and finish charge

Partial Dentures: Identification Charge

Complete Dentures: Set-up charge

Complete Dentures: Additional charge for IPN teeth (1x14)

Complete Dentures: Process and finish

Complete Dentures: Identification Charge

Crown: porcelain with noble metal

Crown: full cast high noble metal (dental gold)

Crown: Additional charge per pennyweight used

Bridge Abutment: Crown porcelain with noble metal

Bridge Abutment: Crown full cast high noble metal (dental gold)

Bridge Abutment: Additional charge per pennyweight used

Diagnostic wax up and stint for a: Crown Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2026

Diagnostic wax up and stint for a: Bridge Contract Period: Base POP Begin: 10-01-2021

10.00 EA __________________

Diagnostic wax up and stint for a: Full Mouth Reconstruction Contract Period: Base POP Begin: 10-01-2021

Duratemp Temporary Bridge (or comparable lab process temporary bridge) Contract Period: Base POP Begin: 10-01-2021

Porcelain with ceramic substrate (Zirconia- Monolithic or equivalent)

Layered substrate: Zirconia

Anterior substrate: Emax

Posterior substrate: Emax

Mouth guards currently made at VA. Flexible (soft) to be discussed as required.

Mouth guards currently made at VA. Combination Flexible with hard biting surface, to be discussed as required.

Page 1 of Page 1 of

B.3 Statement of Work – Off-site Dental Lab Services

The Department of Veterans Affairs in Erie, Pennsylvania requires a contract for dental services for patients at the Erie VA Medical Center (EVAMC), which is located at 135 East 38 Street, Erie, PA 16504. The Contractor shall provide all labor, supervision and all other resources required to deliver dental lab services to include work by qualified dental lab personnel, materials, repairs, and finished products, for and pertaining to the items listed in the schedule, in accordance with the contract documents. The contracted dental lab will fulfill the standards set by our current responsiveness to the Veterans of the Erie VAMC population as determined by current standards of customer satisfaction or established wait times for dental products. The contractor must be capable of meeting and maintaining the Turn-Around Times (TAT) stated in the Statement of Work.

The Erie VAMC intends to award a contract for one base period beginning 10/1/2021 – 09/30/2022 with four, one-year option periods thereafter.

OBJECTIVES: The Erie VAMC has a need to continuously utilize offsite dental lab services for Veterans requiring special dental lab work.

SCOPE, TASKS, OR REQUIREMENTS:

The general work the contractor will be performing is to provide off-site dental lab services to the Erie VAMC by qualified dental laboratory technicians.

SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES:

The following specifications will be provided on finished denture units:

1. Maxillary Denture:

· Palatal thickness of not more than 2.5-3.0mm.

· Denture borders to be thickness prescribed by the dentist based on order placed from the EVAMC Dental Clinic

· The gingival contours to duplicate the appearance of the normal gingiva with gingival papillae festooned in a convex contour to simulate normal anatomy.

· Posterior buccal portion of denture should develop a concavity approaching the border.

· Post palatal seal, butterfly or design approved by dentist to extend just beyond the junction of the hard and soft palate.

· Palatal lingual area of denture should exhibit a definite convexity in the molar region directly above the teeth.

· No stippling on appliances unless prescribed by the dentist.

· All scratches in acrylic to be removed; all foreign debris removed from acrylic; no porosity in acrylic.

· Midline matches line marked on the occlusal rim

· Identification in dentures

2. Mandibular Denture:

· Posterior buccal section of the denture should develop a concavity approaching the border.

· Lingual section is not to be bulky. It should develop a very slight concavity for tongue space.

· No stippling unless requested by prescribing dentist.

· All scratches removed, foreign debris removed, and no porosity.

· Mandibular molars set over the ridges.

3. Custom trays and base plates will be of TRIAD (a visible light cure denture base material for denture base fabrication and custom trays that is monomer free and comes in 2mm thick sheets), or equal material NOT SHELLAC VACUFORM. Custom trays for dentures should have 4 stops, made over 1 layer of pink baseplate wax, and be trimmed 1mm above the line scribed by dental (no overextension).

4. Other appliances will meet the finished denture specifications that apply (i.e. thickness, borders, contours, and finish).

5. All appliances shall be re-articulated after processing and equilibrated to restore vertical dimension, centric occlusion, and balance. Contractor shall accomplish a final wax-up of the articulated denture units.

6. Contractor shall utilize a fibered acrylic resin similar to Caulk’s Characterized Lucitone or a material equal to it as listed in the ADA Standards. All dentures (not including repairs) are to utilize DENTSPLY Trubyte Portrait IPN teeth an equal quality agreed upon by the treating dentist.

7. Lab soft heat cured reline capable of lasting five (5) years (vendor’s brand choice specified) (in addition to standard acrylic reline).

8. Occlusal Bite Rims will have acrylic or TRIAD (a visible light cure denture base material for denture base fabrication and custom trays that is monomer free and comes in 2mm thick sheets), or equal bases and the occlusal rims will be made of bases and the occlusal rims will be made of DENTSPLY Truwax Baseplate wax, regular hardness, or a material that is equal to it as listed in the ADA Standards. Crowns and bridges will have good contact with adjacent teeth and opposing teeth, with appropriate finish, shade, and margins.

9. A contractor representative will be assigned to the Erie VA Dental Clinic account and will be available by phone during EVAMC Dental Clinic normal business hours and if the line is busy a return call will occur within 30 minutes of receiving a voice mail from the EVAMC agent.

10. Finish/Polish of Fixed Partial Denture/Crown

· Axial contours within normal limits for a particular crown and/or arch form

· A uniform transition exists between the metal and veneer material

· No unsupported veneer material remains on the substructure

· All margins are closed on the die

· Proper contact points with adjacent teeth

· The established vertical dimension occlusion is maintained when the FPD/crown is articulated

· The veneer material is appropriately finished (glazed, polished, etc.)

· The substructure metal is highly polished

· Survey crowns have appropriate rests, guide planes, and clasp undercuts

· Noble and high noble metals are to be used for all metal and porcelain fused to metal crowns and bridges Any items that are found to be non-compliant will be redone at no additional cost to the government.

General Information --

QUALITY OF WORK:

Communication back and forth between the Erie VAMC and the vendor is important to maintain and coordinate the quality assurance aspects of this contract.

1. Remakes: If it is found that any laboratory item is not compliant with the prescription, the contractor shall remake the item at no additional cost or as mutually agreed upon.

2. Prostheses returned to Contractor for rework due to Contractor error shall have necessary corrections, adjustments, or remakes performed at no cost to VA. Prostheses returned to Contractor for rework due to VA error will have necessary corrections, adjustments or remakes performed at contract rates – payable by VA. The Contractor must provide proof that the error was due to VA error for consideration of payment under the contract.

3. The Contracting Officer Representative (COR) will notify the vendor in writing as needed of any issues concerning quality complaints of dental laboratory items providing detailed information for the vendor to correct identified discrepancies.

4. The contractor, when sending dental lab items back to the Erie VAMC will be responsible for ensuring models are wrapped safely to prevent breakage during transport by courier. All cases should be disinfected. For dental lab cases involving wax, it will be the contractor’s responsibility to ensure that the dental products, being transported, will not be subjected to heat during transport and cause possible melting.

5. All dental prostheses returned from the contracted laboratory will be evaluated by the authorizing customer. Returned prostheses that fail to meet patient requirements will be returned to the contractor for correction, adjustment, or remake.

DELIVERY SCHEDULE:

Contractor shall provide delivery of products ordered through the Erie VAMC Dental Clinic, according to the schedule for each component as described herein. To ensure continued compliance with customer service standards, the following turn-around time schedule must be adhered to:

· The dental lab will provide courier services to be included with the pricing for the contracted dental products/services with anticipated usage of one or two pickups/deliveries per day, as needed by Erie VAMC each day Monday through Friday between the hours of 8:00A-4:30PM, EST.

· Pick-ups and deliveries may vary due the workload changes and the current pandemic situation as the dental lab is currently experiencing a significant decrease in volume.

· Contractor personnel will be required to transport dental lab work to and from the Erie VAMC via a protected box/bag/container. Commercial carriers, such as, UPS, Fed Ex, and USPS are unacceptable substitutes for contractor provider couriers. Contents of the item being transported will only contain the patient’s last name. Contract personnel will be required to sign in/out upon arriving at the Erie VAMC dental clinic.

· Basic denture repairs involving acrylic only or reattaching loose existing denture tooth shall be processed with a TAT of 24 hours, unless mutually agreed upon by the Erie VAMC Dental Clinic. The importance of having courier services provided by the vendor is required to achieve this TAT of 24 hours specified in the delivery schedule. Pick-up and delivery times are included in the TAT.

· Other repairs such as adding multiple teeth or clasps shall be completed with a TAT of 48 hours with the exception of Flex material partials, unless mutually agreed upon by the Erie VAMC Dental Clinic and the vendor.

· New denture set up for “try in” TAT of no more than five (5) business days i.e., sending a case on a Monday, means that it would be received the following Monday.

· Re-line dentures must be completed with a TAT of 24 hours. Custom trays delivered within a TAT of three (3) business days i.e., sending a case on a Monday, means that it would be received on Thursday.

· Bite blocks delivered within a TAT of three (3) business days.

· Process finished dentures after “try in” within a TAT of five (5) business days.

· Crown and bridge cases delivered within a TAT of ten (10) business days. If the crown is being made to retrofit a partial denture with an existing clasp and rest, it is the Erie VAMC Dental Clinic practice to allow the denture to remain with the patient until the appliance is made and ready to install. The Erie VAMC typically does not make the patients go without their partial for more than seven (7) calendar days.

· Contingency Plan: Because continuity of care is an essential part of the Erie VAMC’s medical services, the contractor shall have a contingency plan in place to be utilized in the event equipment or supplies are unavailable for scheduled dental work in accordance with the terms and conditions of the resulting contract.

GOVERNMENT RESPONSIBILITES:

The Erie VAMC Dental Clinic will provide lab prescriptions for impressions and/or models as required under normal dental office process and criteria in a timely manner and comply with delivery timelines. The Erie VAMC Dental Clinic will respond within 120 minutes of an informational request during the Erie VAMC Dental Clinic normal business hours and return products for repair and adjustment as required by the contract. All timelines in this contract are based on Eastern Standard Time (EST).

PLACE OF PERFORMANCE: The dental lab work will be performed at the contractor’s location.

CONTRACTOR REQUIREMENTS:

Qualifications of key personnel:

· Work must be performed or supervised by qualified Dental Lab Technicians in the area of expertise included in this contract.

· The Contracting Officer or designee reserves the right to thoroughly inspect and investigate the contractor’s and/or sub-contractors’ facilities and other qualifications.

· The contractor facility shall have all licenses, permits, and certification required by law. Contractor shall provide documents upon request of the CO/COR to verify current and ongoing competency, skills, and training related to the provision of care, treatment and/or services performed. Contractor shall provide verifiable evidence of all educational and training experiences including any gaps in educational history. Current copies of these must be provided to the COR upon request.

· All contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

· Include: Technical Proficiency – The Dental Laboratory Technician(s) shall be technically proficient in the skills necessary to fulfill the government’s requirements, including the ability to speak, understand, read and write English fluently.

WORK HOURS:

The services covered by this contract shall be furnished by the Contractor as defined herein. The Contractor will not be required, except in case of emergency, to furnish such services during off duty hours as described below.

Work Hours: Monday – Friday, 8:00 a.m. – 4:30 p.m.

Federal Holidays Observed by the VAMC: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Off-Duty Hours: Friday at 4:30 p.m. through Monday – 8:00 a.m.

Monday - Friday, 4:30 p.m. – 8:00 a.m.

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by the U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

Also included would be any other day specifically declared by the President of the United States to be a National Holiday

PERSONNEL POLICY:

All Contractor employees who will be on-station at the Erie VAMC are required to comply with the facility's flu vaccine policy. As such, contract employees must submit proof of health care requirements per VA policy. No contract employees that have a need to be on-station will be authorized to commence work until the flu vaccine requirement is met and cleared by the VA Employee Health. If the contracted vendor chooses not to obtain the flu vaccine, the contracted vendor will be required to wear a mask.

CONTRACTOR’S RESPONSIBILITY:

A. The contractor is responsible for keeping their equipment in good working order and shall provide all maintenance, repairs and upgrades to their equipment as required, keeping it in optimal condition.

B. The contractor will provide services in accordance with ethical, professional, and technical standards of the health care industry.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

A. 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.

TRAINING:

A. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following mandatory trainings before being granted access to VA information and its systems:

• Sign and acknowledge via paper copy understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems.

• Successfully complete the VA Cyber Security Awareness and Rules of Behavior training via paper copy annually.

• Successfully complete the VA Privacy training via paper copy annually.

B. The contractor shall provide to the COR (Contracting Officer Representative) a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable contracted employee within one week of the initiation of the contract and annually thereafter. These materials will be provided by the VAMC.

C. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. Contractor will be required to provide substitution of personnel.

CONTRACTOR SECURITY REQUIREMENTS (HANDBOOK 6500.6):

A. All contracted employees who require unsupervised/unescorted, logical and/or physical access to the Department of Veterans Affairs facilities, computer systems or have access to sensitive information shall be subject to a Special Agreement Check (SAC) (fingerprinting only). Contractor personnel performing work under any 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.

B. At a minimum a Special Agreement Check (SAC) (fingerprinting) will be required for all contracted personnel prior to transporting dental services to and from the Erie VAMC requiring unsupervised/unescorted logical and/or physical access to the facility or having access to sensitive information.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE:

A. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B. 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.

C. 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.

D. The contractor or subcontractor must notify the Contracting Officer Representative (COR) 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.

E. The C&A requirements do not apply, and that a Security Accreditation Package is not required.

VA INFORMATION CUSTODIAL LANGUAGE:

A. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

B. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

SECURITY INCIDENT INVESTIGATION

A. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

B. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

LIQUIDATED DAMAGES FOR DATA BREACH

A. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

B. 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.

INVOICING/BILLING:

A. Invoice requirements and supporting documentation: Supporting documentation and a properly prepared invoice must be submitted no later than the 15th workday of the following month of services rendered. If the COR refuses an invoice due to incorrect billing, subsequent changes or corrections to the monthly invoice shall be resubmitted by the vendor with a corrected invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

● Name and Address of Contractor

● Invoice Date and Invoice Number

● Contract Number and Purchase/Task Order Number

● Date of Service

● Total price

B. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, OB10, to transition vendors from paper to electronic invoice submission. Please go to this website: http://ob10.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

2. The Contractor may contact FSC at the phone number or email address listed below with any questions about the e-invoicing program or OB10:

OB10 e-Invoice Setup Information: 1-877-489-6135 OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov

C. Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this contract as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the contract.

D. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this contract. It shall be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this contract.

DELIVERABLE TABLE:

Task

Deliverable Title

Delivery Schedule

According to the Turn-Around Times (TAT) as described in SOW

SECTION C - CONTRACT CLAUSES

C.1 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…