36C24423Q1053.pdf

PAGE 1 OF1. 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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

503-23-3-225-0213

36C24423Q1053 08-07-2023

Bill MacDougall 610-857-3763 08-24-2023

11:00 AM EDT

36C244 Department of Veterans Affairs Network Contracting Office 4 Commodities 1 1400 Blackhorse Hill Rd.

Coatesville PA 19320

X 100

X

334290

800 Employees

N/A

X

See Delivery Schedule

36C244

Department of Veterans Affairs Network Contracting Office 4 Commodities 1 1400 Blackhorse Hill Rd.

Coatesville PA 19320

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

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

See CONTINUATION Page

Patient Elopement System - See Price/Cost Schedule and Statement of Need for details.

This is a total set-aside for Service-Disabled Veteran- Owned Small Businesses.

See Section E. Instruction to Offerors for quote requirements.

Questions must be emailed to william.macdougall@va.gov by 11am EST on August 15, 2023.

The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b) (3), where quotations will be compared to one another to determine which provides the best benefit to the Government.

A site visit will be conducted on August 14, 2023 at 10am.

Interested parties should meet at the Police desk at the front of the building.

See CONTINUATION Page

X X

William MacDougall Contracting Officer

36C24423Q1053

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF NEED

PART 13 ADDITIONAL REQUIREMENT

SECTION C - CONTRACT CLAUSES

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

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (OCT 2020)

E.4 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.5 52.212-2 EVALUATION—SIMPLIFIED ACQUISITION PROCEDURES

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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:

POC:

TEL:

EMAIL:

b. GOVERNMENT: William MacDougall, Contracting Officer Department of Veterans Affairs Network Contracting Office 4 Coatesville VA Medical Center 1400 Blackhorse Hill Rd., Code 90C Coatesville PA 19320

TEL: (610) 857-3763

EMAIL: William.MacDougall@va.gov

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

[X] 52.232-34, Payment by Electronic Funds Transfer—Other Than 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] Upon receipt, inspection, and acceptance by the Government.

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.

Tungsten Network https://www.tungsten-network.com/

5. CHANGE AUTHORITY:

Only a Warranted Contracting Officer, acting with the limits of his warrant, is authorized to change the terms and conditions of this contract. If any other than a Contracting Officer attempts to change the terms and conditions of this contract, contact the Contracting Officer signing this document immediately. Acting on direction from other than the Contracting Officer may result in the related performance being determined to be accomplished at risk.

6. 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

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 1.00 EA ________________

Patient Elopement System for Altoona VAMC- includes equipment, installation, programming, testing, and training.

0002 1.00 LT ________________

Door Controllers, Keypads & Contacts - all exits on covered floors

0003 1.00 LT ________________

Elevator Controller, Keypad & Contacts

0004 1.00 EA ________________

Tablet, Cover, Charger, Tag Detector

0005 1.00 EA ________________

Workstations and Software to Manage Doors & Elevators

0006 1.00 EA ________________

Client Software License

0007 25.00 EA ________________

Tags & Straps

0008 5.00 EA ________________

Tag and Strap Sizing and Removal tool

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs Altoona VA Medical Center 2907 Pleasant Valley Rd.

Altoona, PA 16602 4377

USA

1.00 11/30/2023

MARK

FOR:

Jordan Long 814-943-8164x14953 jordan.long@va.gov

0002 SHIP TO: Same as CLIN 0001 1.00 Same as CLIN

0003 SHIP TO: Same as CLIN 0001 1.00 Same as CLIN

0004 SHIP TO: Same as CLIN 0001 1.00 Same as CLIN

0005 SHIP TO: Same as CLIN 0001 1.00 Same as CLIN

0006 SHIP TO: Same as CLIN 0001 1.00 Same as CLIN

0007 SHIP TO: Same as CLIN 0001 25.00 Same as CLIN

0008 SHIP TO: Same as CLIN 0001 5.00 Same as CLIN

B.4 STATEMENT OF NEED

GENERAL

The Altoona Veteran Affairs Medical Center (AVAMC) has a requirement for all labor, materials, support, and travel to provide, install, and support a Patient Elopement System at its Altoona VAMC campus Blair County, at 2907 Pleasant Valley Blvd, Altoona, PA 16602. The Contractor shall install and support a patient elopement system in Building 1 floors 4, 5, 6, and the floor 1 Urgent Care Clinic (UCC).

The Contractor shall install, test and commission the system in Base Period of the contract and shall support the patient elopement system 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 Patient Elopement System. The Department of Veterans Affairs (DVA) seeks to acquire a patient elopement system 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. The contractor shall provide four (4) system computer workstations at the locations listed below:

Building 1 Floor 4 – Short Term Stay, Nurse Station Building 1 Floor 5 – Community Living Center (CLC) 5, Nurse Station Building 1 Floor 6 - Community Living Center (CLC) 6, Nurse Station Building 1 Floor 1 – Urgent Care Clinic (UCC), Nurse Station

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 Contracting Officer’s Representative (COR), at no additional cost to the Government.

PATIENT ELOPEMENT 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.

2.1.1.1. In addition, any installations (data, power, etc) cannot touch the sprinkler lines or sprinkler support lines.

2.1.2. The Contractor shall provide a Patient Elopement System 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 patient elopement system 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 Contractor 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 system shall be a stand-alone system and shall operate without connection to the DVA computer network, unless the system has proper FIPS 140-2, and an approved Enterprise Risk Assessment.

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

2.1.10. The system 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 Contractor shall be expandable to provide additional coverage.

2.2. SYSTEM CAPABILITIES

2.2.1. Provide the location of tagged individuals within the area of Building 1 Floors 1, 4, 5, and 6 that are accessible to patients covered by the patient elopement system.

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 patient elopement system workstation or at the alarm locations.

2.2.7. The Contractor shall provide resident tags that shall be locatable (ability to locate patient) within 25 feet inside building 1 covered by the patient elopement system.

2.2.8. Notification of the patient location in the event of an elopement as well as monitoring of location of patient in the designated area.

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 1.

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 Contractor should provide alarm and notification for Twenty-Two (22) 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 Contractor shall be capable of tracking resident tags as described below:

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

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

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

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

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

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

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

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

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

3.6. Communication requirements

3.6.1. The Contractor shall make use of technology that will not be interfered with by the LED lighting in any of the clinical areas.

3.6.2. There shall be no interference resulting in false alarms.

3.6.3. There shall be no interference resulting in dead spots and potential for patient elopement.

PART 4 POST INSTALLATION REQUIREMENTS

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.

4.1.1. Remote connection to the system will need to be determined based upon the patient elopement system solution offered.

The Contractor shall furnish a warranty for the Patient Elopement 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 Patient Elopement 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 Patient Elopement 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 Altoona VAMC MCPs and SOPs

A. MCP10F.04 Hazardous Materials B. SOP 10F.05 Confined Space

C. SOP 10F.09 ISLM

D. SOP 10F.04 Lock out Tag out E. SOP10F.06 Hot Work F. MCP 10F.19 Construction Safety management program

5.2 Altoona VAMC MCPs and SOPs outlines general safety, confined space, dust control, permits, hazardous materials handling, environmental protection and other safety and health requirements.

5.3 In performance of this contract, the Contractor shall follow Altoona VAMC safety policies and standards for safe work practices and take such safety precautions as the Altoona VAMC Safety Officer, Kerin Stefanko or designee may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contractor shall comply with Altoona VAMC smoking policy, which designates all interior space as non-smoking areas.

5.4 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.

5.5 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.

5.6 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 Altoona VAMC Safety Officer Kerin Stefanko, 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.

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

All Contractors 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 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 employ. The Contracting Officer must also be notified immediately by the contractor or prior to an unfriendly termination.

PART 9 VA INFORMATION CUSTODIAL LANGUAGE

Information made available to the contractor by VA for the performance or administration of this contract or information developed by the Contractor 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'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 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 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 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 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.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[X] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause)

C.4 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219– 73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fillin—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer.

Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting…