36C24622Q0579_1.docx

36C24622Q0579

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.

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

36C24622Q0579 06-07-2022 harold mcquillia 757-315-3430 06-21-2022 12:00pm

EDT

Harold McQuillia harold.mcquillia@va.gov Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 339116 500 Employees

NET30

N/A X Department of Veterans Affairs Charles George VAMC 1100 Tunnel Road Asheville

NC

28805 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page

DENTAL LAB SERVICES

Period of Performance: Base Year - 7/1/2022 - 6/30/2023 with four (4) option years.

This RFQ is set aside 100% for verified Small Businesses.

See Section B2 for the Schedule of Services.

See Section B3 for the Performance Work Statement.

See Section E1 for the Instructions to Offerors.

See CONTINUATION Page X X X Harold L. McQuillia Jr.

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:

b. GOVERNMENT: Contracting Officer 36C246 Harold McQuillia Harold McQuillia harold.mcquillia@va.gov 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.

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

B.2 SCHEDULE OF SERVICES

The contractor shall furnish all personnel, equipment, tools, materials, supplies, and labor necessary to perform Dental Laboratory Services for the Charles George Veterans Affairs Medical Center (CG VAMC) in accordance with the terms and conditions herein.

The quantities specified in the Schedule are estimates only and are not purchased by this contract.

Base Period of Performance: July 1, 2022 through June 30, 2023.

BASE YEAR ESTIMATED COST (07/01/2022 - 6/30/2023)

BASE YEAR ESTIMATED AMOUNT:

OPTION YEAR 1 ESTIMATED COST (07/01/2023 - 6/30/2024)

OPTION YEAR 1 ESTIMATED AMOUNT:

OPTION YEAR 2 ESTIMATED COST (07/01/2024 - 6/30/2025)

OPTION YEAR 2 ESTIMATED AMOUNT:

OPTION YEAR 3 ESTIMATED COST (07/01/2025 - 6/30/2026)

OPTION YEAR 3 ESTIMATED AMOUNT:

OPTION YEAR 4 ESTIMATED COST (07/01/2026 - 6/30/2027)

OPTION YEAR 4 ESTIMATED AMOUNT:

B.3 PERFORMANCE WORK STATEMENT (PWS)

1.0 Background

The Charles George VA Medical Center (CGVAMC) Dental Service provides dental laboratory services that include, but are not limited to, complete dentures, removable partial dentures, crowns, and bridges and has a need to increase its ability to provide these services to eligible veterans in a reasonable amount of time and in adherence to the Veterans Health Administration’s (VHA) patient access and quality of care policies and initiatives.

2.0 Scope

The CGVAMC Dental Service is seeking a Requirements Type contract to augment its ability to provide prosthetic services to veteran patients as quickly as possible while ensuring the utmost quality of those items. There is no guarantee of the number and/or types of various cases that may be presented under this contract.

2.1 Objectives

This requirement includes the transportation, fabrication, repair, and realignment of complete and partial removable dentures, fixed partial dentures, crowns, and bridges and their return to the CGVAMC in accordance with (IAW) the specifications provided by the CGVAMC Dental Service and recommendations made by the Central Dental Laboratories in Washington, D.C. and Dallas, TX.

2.2 This contract is all-inclusive. Prospective offerors should read the requirements carefully to ensure a complete understanding of the contract requirements to ensure their proposal includes all expenses and costs associated with performance related to the contract. The Government will not reimburse offerors due to a failure on the offeror’s part to consider all costs associated with performance on this requirement.

3.0 Requirements

The Contractor shall provide dental protheses and all other resources required to meet the terms of this contract. This includes but is not limited to travel, transportation, packaging, shipping & handling, lodging, per diem, and any and all other incidental expenses incurred in the performance of this contract unless specified elsewhere in the terms of the order.

3.1 Deliverables

Deliverables are specific items required to be provided or submitted under the terms of this contract. The deliverables specific to this contract are listed in Attachment 1, Table of Deliverables.

3.2 The Contractor and their employees shall possess and maintain all Department of Transportation requirements for the appropriate registration, licensure, and insurance requirements of the State of Registration to operate a personally owned vehicle (POV) and/or commercial vehicle for the pick-up and delivery of medical and dental devices in the performance of this contract. The Contractor shall bear all expenses associated with any and all licensure requirements. The Contractor shall provide proof of insurance and personnel qualifications to the Contracting Officer (CO) (Deliverable 1).

3.3 The Contractor and their employees shall possess and maintain all certifications and licensure requirements IAW the American Dental Association’s (ADA) recommendations for operation of a dental prosthetics laboratory as supplemented by National and the State of North Carolina regulations. The Contractor shall provide proof of certification and licensure to the Contracting Officer (CO) (Deliverable 2).

3.4 The Contractor and their employees shall possess adequate experience to successfully perform the work required under this contract. Qualified personnel must be American citizens (or offer evidence of a “green card”) and be proficient in the English language. The Contractor shall provide proof of experience, citizenship, and “green cards” to the CO (Deliverable 3).

3.6.1 Acceptance Criteria

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing IAW the performance standards contained in the Performance Requirements Summary Matrix and all terms and conditions of this order, including all modifications.

3.6.2 Government Acceptance Period

The COR will have seven (7) calendar days to review dental lab cases and provide comments to the Contractor. The Contractor shall have five (5) business days to make corrections (Deliverable 5). Upon receipt of the final deliverables, the COR will have two (2) business days for final review prior to acceptance or providing documented reasons for non-acceptance. Should the Government fail to complete the review within the review period, the deliverable will become acceptable by default, unless prior to the expiration of the seven (7) business days the Government notifies the Contractor in writing to the contrary. The final submission should be deemed approved if the Government has not rejected it in thirty (30) calendar days.

3.6.2.1 The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted quote. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor shall have five (5) business days to correct the rejected deliverable and return it per delivery instructions.

4.0 Specific Tasks

4.1 The Contractor shall provide all labor, materials, transportation, and supervision necessary to provide these services.

4.2 Delivery Schedule

Delivery times shall be negotiated and agreed upon by the Contractor and the Government (Deliverable 5). Delivery times shall not include time allowed for shipping. The Contractor shall notify the Government in writing as far in advance as possible when the delivery schedule can’t be met. The Contractor shall be liable when a failure to meet the delivery schedule was in the Contractor’s control.

4.2.1 The Contractor in coordination with the CGVAMC Dental Service shall establish a pre-determined time for daily pick-up and return of all dental laboratory cases, to include the pouring of impressions, fabrication of dies when indicated, fabrication of custom trays, bite rims, frameworks, and wax try-ins as indicated in an attached prescription. This shall also include pick-up and return of dental prosthetic devices that require repair, realignment, etc.

4.2.2 The CGVAMC Dental Service will coordinate with the Contractor for the pick-up and return of dental prosthetic devices that by fault of the Contractor require repair, realignment, refabrication, or any other actions to correct discrepancies. The Contractor shall bear all expenses associated with the corrections of those devices.

4.3 Contingency Plan

The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract whenever pickup/delivery cannot be completed due to interruption of service or failure of equipment. The Contractor shall incur all costs associated with fulfilling this contingency plan as well as alternate contingency plans at no additional expense to the Government. Written documentation shall be made available to the Government that the contingency plan is IAW all Federal, State, and local specifications for dental laboratory operations.

5.0 Management & Supervision of Contractor Personnel

The Contractor shall be responsible for supervising the daily services provided under this contract. The Contractor shall provide the name and contact information for a person designated to manage and supervise performance under this contract to the CO upon contract award.

5.1 The Contractor shall use reasonable care to avoid damage to the facility and the grounds while in performance of the tasks associated with this contract. If the Contractor’s failure to use reasonable care results in damage to any Government, private, or personal property, the Contractor shall replace or repair the damage at no expense to the Government or other private parties as directed by the CO. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

5.2 COVID 19

Contractor employees who work in or travel to VHA locations must comply with the following:

5.3 In addition, contractor employees shall comply with the following at all times while on CGVAMC property, regardless of their vaccine status:

· Wear protective face coverings at all times while inside the CGVAMC facility to include all outbuildings and outdoors when social distancing can’t be maintained.

· Maintaining social distancing of at least six (6) feet from other individuals.

· Maintaining good handwashing practices.

5.4 Contract employees found in violation of COVID-19 Pandemic safety precautions and practices will be asked to leave the CGVAMC property immediately, not to return. In the event contractor employees are removed from the facility, the Contractor may replace that employee(s) or continue the task.

5.5 Personnel Policy

The Contractor shall be responsible for protecting the personnel furnishing products and/or services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

· Workers’ compensation

· Professional liability insurance

· Health examinations

· Income tax withholding, and

· Social security payments.

5.6 Smoking Policy

Smoking is strictly prohibited while on the CGVAMC campus. Violations can result in a fine of $50.00 or more.

6.0 Contract Security

6.1 Contractor Requirements, Confidentiality, and Non-Disclosure The Contractor and their employees shall adhere to all VA Information Security requirements and practices to guard against the disclosure of sensitive information to unauthorized individuals or organizations, the Privacy Act of 1974, and the HIPPA act as described in subsequent paragraphs to this order.

6.2 Contractors are advised that all printed and electronic documents are for government internal use only. They are not to be copied or released without written permission form the Director, MACPAC or his authorized representatives, and remain the sole property of the United States Government. All or portions of these materials may be protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38, United States Code. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

7.1 General

7.1.1 All information and records provided to the Contractor by the VA, in whatever medium, as well as all information and documents, including drafts, emails, back-up copies, hand-written notes and copies that contain such information and records gathered or created by the Contractor (collectively referred to as “VA information”) in the performance of this contract, regardless of storage media, are the exclusive property of VA. The Contractor does not retain any property interest in these materials and shall not use them for any purpose other than performance of this contract.

7.1.2 Upon completion or termination of the contract, Contractor shall either provide all copies of all VA information to VA or certify that it has destroyed all copies of all VA information as required by VA in a method specified by VA, at VA’s option. The Contractor shall not retain any copies of VA information. Where immediate return or destruction of the information is not practicable, Contractor shall return or destroy the information within 30 days of completion or termination of the contract. All provisions of this contract concerning the security and protection of the VA information that is the subject of this contract will continue to apply to the VA information for as long as the Contractor retains it, regardless of whether the contract has been completed or terminated.

7.1.3 Prior to termination or completion of this contract, Contractor shall not destroy VA information received from VA or gathered or created by Contractor in the course of performing this contract without prior written approval by VA.

7.1.4 Contractor shall receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in accordance with the terms of this contract and applicable Federal and VA information confidentiality and security laws, regulations and policies.

7.1.5 The Contractor shall not make copies of VA information, electronic or hard copy, except as necessary to perform this agreement or to preserve electronic information stored on Contractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor needs to be restored to an operating state.

7.1.6 Contractor shall provide access to VA information only to employees, Subcontractors, and affiliates only to the extent necessary to perform the services specified in this Contract; to perform necessary maintenance functions for electronic storage or transmission media necessary for performance of this contract; and only to individuals who first satisfy the same conditions, requirements and restrictions that comparable VA employees shall meet in order to have access to the same VA information. These restrictions include the same level of background investigations, where applicable.

7.1.7 Contractor shall store, transport or transmit VA information only in an encrypted form, using an encryption application that meets the requirements of Federal Information Processing Standard (FIPS) 140-2, and is approved for use by VA.

7.1.8 Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor may use and disclose VA information only in two other situations: in response to an order of a court of competent jurisdiction, or with VA’s prior written authorization. The Contractor shall refer all requests for, demands for production of, or inquiries about, VA information to VA for response. Contractor shall not release information protected by Title 38, United States Code (USC), Section 5705 or either Section 7332 in response to a court order and shall immediately refer such court orders to VA for response.

7.1.9 Prior to any disclosure pursuant to a court order, the Contractor shall promptly notify VA of the court order upon its receipt by the Contractor, provide VA with a copy by fax or email, whichever is faster, and notify by telephone the VA individual designated in advance to receive such notices. If the Contractor cannot notify VA before being compelled to produce the information under court order, the Contractor shall notify VA of the disclosure as soon as practical and provide a copy of the court order, including a description of the records provided pursuant to the court order, and to whom the Contractor provided the records under the court order. The notice shall include the following information to the extent that the Contractor knows it, if it does not show on the face of the court order: the records disclosed pursuant to the order, to whom, where, when, and for what purpose, and any other information that the Contractor reasonably believes is relevant to the disclosure. If VA determines that it is appropriate to seek retrieval of information released pursuant to a court order before Contractor notified VA of the court order, Contractor shall assist VA in attempting to retrieve the VA information involved.

7.1.10 The Contractor shall inform VA by the most expeditious method available to Contractor of any incident of suspected or actual access to, or disclosure, disposition, alteration or destruction of, VA information not authorized under this Contract (“incident”) within one hour of learning of the incident. An incident includes the transmission, storage or access of VA information by Contractor or Subcontractor employees in violation of applicable VA confidentiality and security requirements. To the extent known by the Contractor, the Contractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information was placed at risk or compromised), and any other information that the Contractor considers relevant.

7.1.11 Contractor shall simultaneously report the incident to the appropriate law enforcement entity (ies) of jurisdiction. The Contractor, its employees, and its Subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor shall also cooperate with VA in any civil litigation to recover VA information, to obtain monetary or other compensation from a third party for damages arising from any incident, or to obtain injunctive relief against any third party arising from, or related to, the incident.

7.1.12 VA will provide the Contractor with the name, title, telephone number, fax number and email address of the VA official to whom the Contractor shall provide all notices required by this Contract. This information will be provided upon implementation of the contract.

7.1.13 VA has the right during normal business hours to inspect the Contractor’s facility, information technology systems and storage and transmission equipment, and software utilized to perform the contract to ensure that the Contractor is providing for the security of VA data and computer systems in accordance with the terms of this Contract.

7.1.14 Contractor shall receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with all applicable FIPS and Special Publications (SP) issued by the National Institute of Standards and Technology (NIST) concerning VA information that is the subject of this contract. If NIST issues or updates an applicable FIPS or SP after execution of this contract, the parties agree to negotiate in good faith to implement the FIPS or SP in this contract.

7.1.15 A determination by VA that the Contractor has violated any of the information confidentiality and security provisions of this contract, including a violation of any applicable FIPS or SP, shall be a basis for VA to terminate the contract for cause.

7.1.16 Anyone performing under the terms of this contract, including employees of Subcontractors, accesses VA computer systems or data in the performance of the contract, VA may monitor and record all such access activity. If VA monitoring reveals any information of suspected or potential criminal law violations, VA will refer the matter to the appropriate law enforcement authorities for investigation.

7.1.17 The Contractor shall inform its employees and other individuals performing any part of this contract that VA may monitor their actions in accessing or attempting to access VA computer systems and the possible consequences to them for improper access, whether successful or not. The Contractor shall ensure that any Subcontractors or others acting on behalf of or for the Contractor, in performing any part of this contract inform their employees, associates or others acting on their behalf, that VA may monitor their access activities. Execution of this contract and any subcontract or agreement constitutes consent to VA monitoring.

7.1.18 The Contractor shall ensure that all individuals who will access VA data or systems in performing the contract are appropriately trained in the applicable VA confidentiality and security requirements. Contractor may do this by requiring and documenting that these individuals have completed the VA training for its employees. The Contractor shall provide documentation of required training to the COR prior to the Contractor staff accessing VA records.

7.1.19 Contractor shall mitigate any harmful effect on individuals whose VA information was accessed or disclosed in an incident to the extent practicable.

7.1.20 Contractor shall require Subcontractors, agents, affiliates or others to whom Contractor provides access to VA information for the performance of this contract to agree to the same VA information confidentiality and security restrictions and conditions that apply to the Contractor before providing access.

7.2. The Contractor shall utilize only employees, Subcontractors or agents who are physically located within a jurisdiction subject to the laws of the United States. Contractor shall ensure that it does not use or disclose Protected Health Information (PHI) received from Covered Entity in any way that will remove the PHI from such jurisdiction.

8.0 Liquidated Damages for Data Breach

8.1 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 security and privacy incidents (SPI) the Contractor/Subcontractor processes or maintains under this contract.

8.2 The Contractor/Subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

8.3 Each risk analysis shall address all relevant information concerning the data breach, including the following:

· Nature of the event (loss, theft, unauthorized access);

· Description of the event, including: date of occurrence; data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; number of individuals affected or potentially affected; names of individuals or groups affected or potentially affected; ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; amount of time the data has been out of VA control; the likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); known misuses of data containing sensitive personal information, if any; assessment of the potential harm to the affected individuals; a data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

8.3.1 Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to the VA liquidated damages per each affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: notification; one (1) year of credit monitoring services consisting of automatic daily monitoring of at least three (3) relevant credit bureau reports; data breach analysis; fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; one (1) year of identity theft insurance with $20,000.00 coverage at $0 deductible; and associated legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

9.0 Contractor Personnel Security Requirements

All Contractor employees who require access to the Department of Veterans Affairs’ computer systems or data shall be the subject of a background investigation and shall receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to Subcontractor personnel requiring the same access. If Contractor staff will require access to detailed Veteran data for the purpose of completing the tasks described in this statement of work, they shall adhere to the following Contractor personnel security requirements:

· Position Sensitivity – The position sensitivity has been designated as Low Risk.

· Background Investigation – The level of background investigation Commensurate with the required level of access is Minimum Background Investigation.

9.1 Contractor responsibilities

9.1.1 The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak and understand the English language.

9.1.2 The Contractor shall submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt.

9.1.3 The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

9.1.4 The Contractor shall notify the COR in advance of any Contractor staff that will require access to the Department of Veterans Affairs’ computer systems or data in order for the COR to request the background investigation. The notification shall include the following: full name of the individual, justification for the request which includes the task number, the date and place of birth, email address, social security number, and occupation. In addition, the Contractor shall provide the COR with its point of contact’s email address, business address, and phone number.

9.2 Government Responsibilities

9.2.1 The VA Office of Security and Law Enforcement will provide the necessary forms to the Contractor, or to the Contractor’s employees, after receiving a list of names and addresses.

9.2.2 Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

9.2.3 The VA Office of Security and Law Enforcement will notify the CO, and Contractor, of adjudication results received from OMB.

9.2.4 Upon being notified about a favorable determination, the CO may issue a notice to proceed to the Contractor.

9.2.5 The Department of Veterans Affairs will specify and/or provide, in some cases at the Contractors expense, the necessary guidance and training, necessary to support the specific work.

9.3 Contractor Information Security Training Requirements

Prior to beginning work on this contract, all contractor employees performing work under this contract shall complete the following Information Security Training in VA’s Talent Management System at: https://hcm03.ns2cloud.com

· Privacy and HIPAA Training - Department of Veterans Affairs Course #10203

· VA Privacy and Information Security Awareness and Rules of Behavior - Department of Veterans Affairs Course #10176

9.3.1 The Contractor shall forward copies of training completion certificates to the CO within five (5) days of contract award.

10.0 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

1. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor must immediately notify their POC/COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

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B.4 SPECIAL CONTRACT REQUIREMENTS

1.0 WORK HOURS or 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:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

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.

2.0 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.

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the requirement in the performance work statement is Special Agency Check (SAC). This requirement is applicable to all subcontractor personnel requiring the same access. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements.

3.0 BILLING AND PAYMENT: The contractor shall submit invoices electronically in accordance with VAAR Clause 852.232-72, Electronic Submission of Payment Requests, via VA’s Electronic Invoice Presentment and Payment System. (See Web site http://www.tungsten-network.com/us/en/veterans-affairs-us/ )

All contractors shall be registered as a vendor to submit invoices in accordance with the Department of Veterans affairs e-Invoicing System at time of award.

4.0 CONTRACT ADMINISTRATION: Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

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 changes that shall affect price, quantity or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

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.

POINTS OF CONTACT:

Contracting Officer’s (CO)

Harold L. McQuillia, CO Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Building 27 Hampton, Virginia 23667 Tel: 757-315-3430 Fax 757-251-4261 harold.mcquillia@va.gov

Point of Contact (POC)

TBD

Department of Veterans Affairs Charles George Veterans Affairs Medical Center 1100 Tunnel Road Asheville, North Carolina 28805 Tel: TBD Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

(B) Affected…