36C24621Q1409.docx

36C24621Q1409

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

658-22-1-046-0002 36C24621Q1409 09-14-2021 Monique Cordero, Contract Specialist 757-315-3977 09-16-2021

11:00AM

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X 541690 $16.5 Million N/A X Department of Veterans Affairs Salem Veterans Affairs Medical Center 1970 Roanoke Blvd.

Salem VA 24153-6404 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Salem Veterans Affairs Medical Center 1970 Roanoke Blvd.

Salem VA 24153-6404 See CONTINUATION Page It is the intention of the Salem VA Medical Center to offers from a Board Qualified Diagnostic Medical Physicist A "qualified " medical physicist is an individual who is certified by the American Board of Radiology, American Board of Health Physics, or the Canadian College of Physicists in Medicine. The Individual is to be Board Certified in Diagnostic Medical Physics and meet requirements set for by the Joint Commission regard Physicist credentials.

See CONTINUATION Page X X X One(1) Mario L. Santiago Contracting Officer Table of Contents

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: Company Name Address City, State Zip Code

b. GOVERNMENT: Contracting Officer 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton, VA 23667

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Salem Veterans Affairs Medical Center 1970 Roanoke Blvd.

Salem VA 24153-6404

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

B.2 PRICE/COST SCHEDULE OF SERVICES

BASE PERIOD

Period of Performance: October 1, 2021 – September 30, 2022

OPTION YEAR 1

Period of Performance: October 1, 2022 – September 30, 2023

OPTION YEAR 2

Period of Performance: October 1, 2023 – September 30, 2024

OPTION YEAR 3

Period of Performance: October 1, 2024 – September 30, 2025

OPTION YEAR 4

Period of Performance: October 1, 2025– September 30, 2026

B.3 PERFORMANCE WORK STATEMENT (PWS)

I. REQUIREMENTS

1. INTRODUCTION: The Veterans Health Administration (VHA), Radiology and Nuclear Medicine Service of the Salem VA Medical Center, located at 1970 Roanoke Blvd., Salem, Virginia requires services of a Board Certified / Board Eligible M.S. or Ph.D. in Health Physics or a qualified medical physicist from an accredited University to perform radiation protection surveys on all diagnostic x-ray equipment tubes and x-ray tube for the Radiology and Nuclear Medicine Service located at the Salem VA Medical Center.

The Physicist must provide documentation of certification by one of the following boards: American Board of Radiology, American Board of Health Physics, or American Board of Medical Physics; contractor shall be insured and licensed to provide services in the geographic area covered in the scope of work.

2. SCOPE: The contractor shall be available, via telephone, to provide emergency telephone services during working hours. Response must be within one hour of request for assistance as needed. The contractor shall provide telephone consultation regarding radiation safety to the Radiation Safety Officer (RSO) or designee as needed within three (3) hours of notification by the RSO or designee. This program will adhere to the requirements and expectations of the Joint Commission, The VHA’s National Health Physics Program (NHPP), the American College of Radiology (ACR) and the internal requirements of the Salem VAMC.

3. CONTRACTOR DUTIES AND RESPONSIBILITIES:

3.1 The physicist will work with the facility’s Radiation Safety Officer (RSO) or his designee in the establishment and maintenance of a comprehensive x-ray compliance safety program. This program will adhere to the requirements and expectations of the Joint Commission, The VHA’s National Health Physics Program (NHPP), the American College of Radiology (ACR) and the internal requirements of the Salem VAMC.

3.2 The contractor shall perform an annual survey (not more than 14 months) of all diagnostic x-ray equipment in accordance with regulatory bodies such as the Joint Commission and ACR.

3.3 The physicist shall perform all work with his own equipment and shall provide a current certificate of calibration with the final report.

3.4 The contractor is expected to provide two (2) copies of the physicist report to the RSO within thirty (30) days of the completion of the work. Electronic reports may supplement the signed, original reports.

3.5 When a major repair is required on an x-ray unit or a replacement of a major certified component between physicist visits, the physicist will perform acceptance testing within 24 hours after notification, prior to first patient use.

3.6 The contractor will be available for consultation by phone and email for issues such as patient and staff radiation exposures, radiation safety issues, machine QA, etc.

3.7 The contractor will assist in the review of CT protocols for optimization on at least a calendar year basis. The contractor physicist will review the QA program for each CT unit on at least a calendar year basis. The contractor will perform dose measurement of up to three (3) protocols per CT unit, selected by the facility’s RSO or his designee, as benchmarks references.

3.8 The contractor will inspect x-ray equipment prior to the first clinical use of NEW or RELOCATED systems as per VHA’S NHPP guidelines. This needs to be performed in a timely manner (within two (2) business days of notification) and completion of system setup unless previous arrangements are made with BioMed personnel.

3.9 Upon being given adequate notice, the contractor will provide radiation safety lectures or x-ray machine orientation to Salem VA personnel. Examples would be physicians needing addition instruction on fluoroscopy safety features on c-arm machines or fluoroscopy safety training to physicians and staff.

4. Miscellaneous Test/Evaluations (Radiography, Fluoroscopic, CT):

Prepare and supply tables of patient radiation exposure for representative examinations. These tables shall be prepared using measured radiation output data, measured in accordance with the appropriate ACR Technical Standards and the Salem VAMC will provide imaging techniques. These results shall he compared with the appropriate guidelines and or recommendations when they are available.

4.1 The survey of x-ray producing equipment shall include the following items.

4.1.1 Diagnostic x-ray equipment (ALL TYPES):

This survey is to include:

Light beam to x-ray beam alignment.

Accuracy of beam size indicators.

Performance of radiographic and fluoroscopic collimators.

Output versus kVp, mAs and distance Checks on interlocks, timers, and exposure switches Itemized checklist of equipment standards of various agencies CR imaging plates imaged at least annually for uniformity Annually image grids used for mobile examinations Review QA testing of the CR readers, including accuracy of the exposure index

4.1.2 For radiographic units, they shall also include:

Timer accuracy kVp accuracy Reproducibility of kVp time and output mA linearity Accuracy of distance indicators Half-value layer determination and appropriateness of total filtration Test the AEC response over the range of patient thickness Testing of CR readers Reviews ESEs, for a standard size patient, compared to DRLs and achievable doses for common radiographic exams

4.1.3 For Fluoroscopic units, they shall also include:

kVp accuracy Exposure rate vs kVp, mA set Exposure rate in auto brightness mode through use of appropriate phantoms Low contrast resolution of the imaging system High contrast resolution of the imaging system Half-value layer determination and appropriateness of total filtration Evaluation of output in other imaging modes Record doses for spot images Record accuracy of the displayed air kerma and kerma area product for fluoroscopic units Output testing of mobile fluoroscopic units, documenting modes set (ie: mag mode, frame rate and normal/lose dose rate) Record fluoroscopic outputs in various modes Appropriate indices of patient dose, measured by a physicist at clinical used technical factors, must be posted near the controls of each fluoroscopic unit. Indices include typical and maximum entrance skin dose or air kerma rate for each fluoroscopic mode of operation (e.g. pulse rate and magnification mode). For each image recording mode use clinically these include entrance skin dose or air kerma per image or the entrance skin dose or air kerma per second of imaging (e.g. cinefluorography in the Cardiac Cath Lab) for a patient of typical thickness.

Testing of fluoroscopes conforms to ACR technical standard; dose metrics measured for fluoroscopic and image recording modes used clinically for standard patient phantom and maximal output? (VHA Handbook 1105.04, Item 11a)

4.1.4 For CT equipment performance and compliance testing:

Accuracy of positioning lasers/lights Slice thickness accuracy Table-incrementing accuracy Noise levels of the systems (head and body modes) High contrast resolution (head and body modes, various slice thicknesses) Low contrast resolution (head and body modes, various slice thicknesses) Image uniformity of the system in head and body modes Determination of contrast scaled Determination of CT number linearity Verify relative independent of absolute CT number with respect to subject size and kVp General image quality with regards to imaging artifacts General safety of the unit

4.1.5 For CT dosimetry: Dosimetry measurements:

Physical location of acrylic phantom (32cm body and 16cm head) kVp mA Scan time Scan diameter Slice thickness Document the measurement of computed tomography dose index (CTDI-vol) for CT scanners using phantoms representing and adult abdomen and an adult head.

Document the assessment of the accuracy of the indicated CTDI-vol for both CT scanners

4.1.6 Mammography unit – Currently, no mammography unit is at the Salem VMC.

4.1.7 Community-Based Outpatient Clinics (CBOCs) - Currently, there are no CBOCs which possess a piece of equipment which emits x-ray radiation.

5. Annual Review of X-ray QC Program:

5.1 Establish personnel exposure investigational levels that, when exceeded will initiate a prompt investigation by the RSO of the cause of the exposure and a consideration of actions that might be taken to reduce the probability of recurrence.

5.2 It may be necessary for the Imaging Service to contact the contractor for support services.

Contractor shall be available to the RSO within three (3) hours of notification by the RSO (or designee).

5.3 Reviews all Quality Control/Quality Assurance records performed in Nuclear Medicine.

5.4 The Contractor shall check laboratory areas and hot lab with appropriate instrumentation.

5.5 Contractor shall provide support services, as requested by the RSO, relating to problems (exposures, spills, and disposal), equipment changes and regulation changes.

5.6 Contractor shall provide technical direction and makes recommendations to the RSO on controls and procedures of radionuclides requested by Investigators and other uses at this Medical Center.

5.7 Contractor shall provide technical guidance in the disposition of all radioactive waste and inspect all records of radiation use and disposal and certify to the RSO that all such materials have been disposed of in accordance with all regulatory agencies’ policies.

5.8 Contractor shall review NHPP licensing specifications on a regular basis with regard to current and new regulation required by NRC. Contractor shall provide technical direction to the RSO in the development of VAMC safety manual changes to assure that safety manual procedures are in accordance with NRC licensing specifications at all times. Contractor shall verbally notify RSO of any violations at the time of visit. A review of all areas for violation of non-compliance of NHPP licensing regulations shall be reported and documented to the RSO. This written report is due by the fifth (5th) working day after the date of the visit.

5.9 Contractor shall attend Radiation Safety Committee Quarterly Meeting and review minutes for completeness and accuracy.

5.10 Contractor shall review records of quality control and corrective actions taken for any equipment used for detecting and measurement of radioactivity. Contractor shall review and oversee the quality assurance program in Nuclear Medicine, ensuring it is consistent with all regulatory agencies’ requirements. Any deficiencies shall be verbally communicated to the RSO at the time of discovery followed by a written report within twenty (20) calendar days.

5.11 Contractor shall review VAMC Quality Control Procedures for two (2) Gamma Cameras, one (1) well/uptake probe, one (1) dose calibrator to ensure compliance with established NHPP and other appropriate standards. Any discrepancies shall be verbally reported to the RSO at the time of the visit, followed by a written report within twenty (20) calendar days of discovery so that corrective action can be initiated by the VAMC.

5.12 Contractor shall review all required ALARA audit in accordance with establish policies, procedures, regulations, and statutes required by Nuclear Regulatory Commission.

5.13 Contractor shall perform Dose Calibrator Linearity at least quarterly in Nuclear Medicine.

5.14 Contractor shall perform Dose Calibrator Calibration and Accuracy at least annually in Nuclear Medicine.

5.15 Contractor shall perform Well Counter/Thyroid Probe Chi Square at least quarterly in Nuclear Medicine.

5.16 Contractor shall perform Well Counter/Thyroid Probe Efficiency at least annually in Nuclear Medicine.

5.17 Contractor shall conduct an inventory and perform wipe tests of sealed sources in Nuclear Medicine at least quarterly. A written report shall be provided to the RSO, within twenty (20) calendar days after date the Inventory wipe test was accomplished, documenting any deficiencies and recommendations for corrective action.

Contractor shall provide the RSO, a summary of all work performed under the contract, including recommended corrective actions and support services. Report is due by the fifth (5) workday of the month which follows the month the work was done.

5.18 Contractor must provide documentation that their on-site health physicist has completed an NRC recognized training course, specific to changes included in the new Part 20 of the NRC regulation.

5.19 Contractor shall provide the Imaging Support Team (Nuclear Medicine) a comprehensive radiation protection safety survey of this facility.

5.20 Contractor shall provide approximately one hour of education training sessions during each visit.

5.21 Contractor shall provide support services by phone, fax, or e-mail at a no additional charge.

5.22 Contractor shall monitor, analyze, and identify over-exposures, and provide annual ALARA reviews of Individual radiation dosimetry reports for monthly and quarterly body badges, waist badges, and TLD ring badges.

5.23 Contractor shall follow the protocols for performing diagnostic x-ray protection surveys at all times.

5.24 Contractor shall follow the protocols for performing diagnostic x-ray protection surveys at all times.

5.25 Contractor will ensure accuracy of displayed dose metrics (e.g., CTDIvol, AK, DAP, EI) is assessed

5.26 Contractor will review the technical QA program for x-ray imaging at least annually

5.27 Contractor will review CT protocol dose optimization program annually.

5.28 Contractor will review CT QA program (including daily testing of uniformity, CT number accuracy, and noise) annually.

6. Personnel Qualifications:

All health physicists performing services under the contract shall be certified by one of the following boards: American Board of Radiology, American Board of Health Physicist or American Board of Medical Physics. Certification must be maintained throughout the contract performance period. Health physicist shall possess a Master of Science or Doctorate in health physics from an accredited university. Personnel must also have experience in hospital medical physicist. Documentation of the aforementioned personnel qualifications must be submitted with offer.

7. Comprehensive Service:

7.1 The contractor shall provide comprehensive reports documenting their performance of services in support of the Nuclear Regulatory Commission’s ALARA Program.

7.2 The contractor shall audit radiation worker’s exposure history. Audits shall include reviews of exposure records, analysis of the highest exposure in each service and shall provide written recommendations to the RSO.

7.3 Contractor shall conduct all NRC required radiation training of VA employees, including radiation safety training.

7.4 Contract shall review all required licenses.

7.5 Contractor shall provide for the calibration and linearity of dose calibrators.

7.6 Contractor shall provide all survey meter calibrations.

7.7 Contractor shall calculate and provide patient dose measurements for diagnostic radiology and nuclear medicine.

8. Performance:

8.1 The majority of work determined under this contract shall be performed during the Medical Center’s normal administrative working hours of 08:00am to 04:30pm, Monday through Friday excluding Federal holidays.

8.2 There may be times when the contractor may be needed after regular working hours.

8.3 All work shall commence within twenty-four (24) hours after receipt of telephonic, written, or verbal notification and will proceed progressively without undue delay.

8.4 All work shall be performed by competent technicians, experienced and qualified to work on the specific equipment.

8.5 All work performed shall be in accordance with established commercial practices.

8.6 Contractor’s representative shall report to the Radiation Safety Officer prior to starting all services and upon completion of services. In order the certify payment requests, the representative must leave with the RSO a complete report of the type of services rendered.

9. Annual Health Physics Requirements:

Contractor shall provide the RSO an annual summary of work performed under the contract, including recommended corrective actions and support services.

Contractor shall perform an annual review of VAMC radiation safety policies and procedures to assure compliance with all applicable laws/regulations/statutes governing the facility’s NHPP license. This review shall be conducted during the month of May during the contracting period. A written report documenting any deficiencies and recommendations for corrective action shall be provided to the RSO no later than June 30th of the contract period.

The current inventory of x-ray producing equipment is listed below along with other equipment that will be subject to physicist inspection. The statement of work will be amended as necessary to reflect new or modified equipment or changes in regulatory requirements and expectations.

MRI Scanner x 2 CT Scanner x 2 Radiographic Room x 4 R/F Room x 2 Portable Radiographic Unit x 3 Cardiac Cath Lab x 1 Mobile C-Arm x 4 Dental Unit x 9

B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP is a living document and may be updated by the Government as necessary.

2.0 HOURS OF OPERATION:

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

Normal working hours are Monday through Friday, 8:00am – 4:30pm, excluding federal holidays which are as follows:

Any other day specifically declared by the President of the United States to be a federal holiday. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

3.0 BACKGROUND INVESTIGATIONS:

A full background check is not required for this position; however, all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility.

Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

4.0 BILLING AND PAYMENT:

Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov

Invoices shall be submitted quarterly in arrears. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:

Date of Service

5.0 CONTRACT ADMINISTRATION:

5.1 Contract Administration/Performance Monitoring: After award of contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to:

5.1.1. CONTRACTING OFFICER RESPONSIBILITIES:

Contracting Officer Mario L Santiago 100 Emancipation Drive Hampton, VA 23667 Phone: 757-251-4254 Email: Mario.santiago@va.gov

Administrative Contracting Officer Monique Cordero 100 Emancipation Drive Hampton, VA 23667 Phone: 757-215-3977 Email: monique.cordero@va.gov

5.1.2. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.

5.1.2.1. The Contracting Officer shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred as a result thereof.

5.1.2.2. In the event that contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services; consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.

5.2. Contracting Officer Representatives (COR)

5.2.1. COR Responsibilities:

The COR for this contract is: Donna Young Administrative Officer Imagine Department Salem VAMC 1970 Roanoke Blvd Salem, VA 24153 540-982-2463 Ext. 1719 donna.young2@va.gov

5.2.1.1. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

5.2.1.2. The COR will be responsible for monitoring the Contractor’s performance to ensure all specifications and requirements are fulfilled. Quality Improvement data that will be collected for ongoing monitoring includes but is not limited to: enter data that may be collected.

5.2.1.3. The COR will maintain a record-keeping system of services by electronic storage. The COR will review this data monthly when invoices are received and certify all invoices for payment by comparing the hours documented on the VA record-keeping system and those on the invoices. Any evidence of the Contractor's non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

5.2.1.4. The COR will review and certify monthly invoices for payment. If in the event the Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.

5.2.1.5. All contract administration functions will be retained by the VA.

6.0 RECORDS REQUIREMENTS:

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

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

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

6.4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

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

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

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

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

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

6.10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

7.0 KEY PERSONNEL:

Key personnel will be identified in the offer and shall be considered key personnel essential for the successful completion of the work performed under the contract. The contractor agrees that such personnel shall not be removed, diverted, or replaced from the work without prior written approval of the Contracting Officer. The contractor shall submit written notice of proposed personnel changes to the Contracting Officer for approval at least thirty (30) business days in advance.

8.0 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY:

8.1. GENERAL

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

8.2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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.

b. 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.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

8.3. VA INFORMATION CUSTODIAL LANGUAGE

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

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

8.4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 30 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the…