36C24720Q0442-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 86

36C24720Q0442 04-15-2020

Darlene Chase 04-24-2020

4pm EST.

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

X

339112

1000 Employees

N/A

X

Charlie Norwood VAMC

1 Freedom Way

Augusta GA 30904

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

The Government will award a Firm Fixed-Price contract resulting from this RFQ to the responsible contractor whose quote is determined to be Technically Acceptable and is price reasonable in accordance with Comparativie Analysis of the information requested in the Performance Work Statement and the solicitation at FAR 52.212-2. Failure to provide ALL requested items is a reason to determined unresponsive.

Evaluation is based on a Comparative Analysis of All Factors

See CONTINUATION Page

X X

James Boles

Cotracting Officer

36C24720Q0442

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

PERFORMANCE WORK STATEMENT

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

B.5 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—

REPRESENTATION AND CERTIFICATIONS (AUG 2018)

B.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

C.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

C.4 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019)

C.5 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.6 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020)

C.10 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.11 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) .68

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

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

1998)

E.4 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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: TBD

b. GOVERNMENT: Contracting Officer 36C247

Department of Veterans Affairs

VISN 7 Network Contracting Office LaVista Business Park - Bldg A 2008 Weems Road Tucker GA 30084

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [Upon receipts of services]

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

FMS-VA-2 (101)

Financial Services Center

WWW.FSC.VA.GOV/EINVOICE.ASP

Austin TX 78714-9971

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

AMENDMENT NO DATE

PERFORMANCE WORK STATEMENT

Atlanta VA Health Care System (AVAHCS), Decatur, Georgia

30033

Specialty Bed Rental

1. General

1.1. Services:

The contractor shall provide specialty and bariatric bed and mattress rentals to the Atlanta VA Health Care System for the sole purpose of patient care within defined time frames for services.

Work will be performed over the period of five years, with an anticipated base period of 12 months and four option periods of 12 months each. Estimated Award Date: May 15, 2020.

1.2 Place Performance:

Atlanta VA Health Care System Eagles’ Nest

Community Living Center

1670 Clairmont Road 1670 Clairmont Road

Decatur, Georgia 30033 Decatur, Georgia

30033

1.3 Background:

Specialty beds are specialized medical beds that adhere to the needs of patients by size, specific care needs, or treatment requirements. These beds are designed with exacting specifications, and because of this, each bed serves a very different purpose in a patient’s treatment. Specialty hospital beds provide the high-level of comfort expected in other hospital beds while also adhering to the unique needs of the patient. Because each bed is tailored to the type of patient that uses it, this category can be notably expansive. Pressure injuries and the prevention of pressure injuries are treated by reducing pressure on the areas intact and of alterations in skin integrity. Special support surfaces (including beds, mattresses, and cushions) designed to redistribute pressure, are widely used as treatments. The development of a pressure injury creates several difficulties (psychologically, physically, and clinically) for those affected, caregivers, and their families.

Treatment should use initiatives based on the best available evidence of clinical- and cost-effectiveness. Therefore, the use of specialty beds for treatment and prevention of skin breakdown should use initiatives based on individualized patient needs.

Support surfaces are used with the aim of redistributing pressure, reducing shearing forces, and controlling the local microclimate. It is of great importance that bariatric patients are placed on bariatric specialty beds with weight tolerance and scales, specialized to accommodate weights of up to 1,000 pounds.

1.4 Acronyms and Definition

1.4.1.1. C&A – Certification and Accreditation

1.4.1.2. AVAHCS –Atlanta VA Health Care System

1.4.1.3. COR – Contracting Officer’s Representative

1.4.1.4. ISO – Information Security Officer

1.4.1.5. PII – Personally Identifiable Information

1.4.1.6. PIV – Personal Identification Verification

1.4.1.7 QASP – Quality Assurance Surveillance Plan

1.4.1.8. VA – Veterans Affairs or Department of Veterans Affairs

1.4.2. Publications

1.4.2.1. VA Handbook 6500.1

1.4.2.2. VA Handbook 6500.2

2. Hours of Operation

2.1. Business Hours

8:00am – 4:30pm, Monday – Friday, excluding Federal Holidays.

Federal Holidays

New Year’s Day January 1st

Martin Luther King’s Birthday 3rd Monday in

January

President’s Day 3rd Monday in

February

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day 1st Monday in

September

Columbus Day 2nd Monday in

October

Veteran’s Day November 11th

Thanksgiving Day Last Thursday in

November

Christmas Day December 25th

2.1.2. Work schedule

The Contractor shall be available during normal business hours of

8:00am – 4:30pm, Monday – Friday, excluding Federal Holidays.

3. Rental Equipment Specifications

3.1. The following equipment will be delivered as needed on a rental basis to the Atlanta VA Health Care System and Eagle’s

Nest Community Living Center.

a. Support surface with combined immersion, or low air loss immersion therapy, or fluid immersion simulation, and/or deep cell low air loss therapy beds that supports prevention and pressure reduction for compromised skin by minimizing causes of skin breakdown including pressure, shear, friction, heat, and moisture.

Beds shall have hi-low adjustments for patient positioning and provide a safe working height for caregivers. These beds should also include electric head of bed articulation to accommodate patients with respiratory complications and motorized/powered transport.

Shall also include the following salient characteristics:

Integrated scale

Bed exit alarm

CPR release

Overall bed dimensions

Low position must not exceed 22”

High position must not exceed 34”

Overall length must be at least 80”

Overall width must be at least 35”

b. Bariatric Beds

Shall also include the following salient characteristics:

Up to at least 1000 pounds weight capacity

Bed exit alarm

Integrated scale

CPR release

Overall bed dimensions

Low position must not exceed 22”

High position must not exceed 34”

Overall length must be at least 80”

Overall width must be at least 35”

4. Contractors Responsibilities

4.1. The contractor shall provide beds, mattresses, and accessories on an as needed basis in the styles and quantities ordered by the authorized personnel.

4.2. The contractor shall remove beds, mattresses, and accessories on an as needed basis in the styles and quantities ordered by the authorized personnel.

4.3. All requested items shall be delivered by the contractor within

6 hours after receipt of the request.

4.4. All items delivered shall be clean, sanitized, and ready for immediate patient use.

4.5. Upon request for removal, the contractor shall remove the items from the premises of the Atlanta VA Health Care System and Eagle’s Nest Community Living Center within 6 hours after receipt of the request.

4.6. Only authorized staff are to place orders with the contractor.

4.7. Schedule for returns: Equipment to be returned will be

picked-up in 6 hours after receipt of the request unless mutual agreement to hold in event unusual circumstances and delivery will be within same day if request is made by 12 noon. If the request is made after 12 noon, delivery is expected by 12 noon of the following day. Broken equipment must be picked-up as soon as possible.

4.8. Identification/Parking: The contractor’s employee(s) shall wear visible identification at all times while on the premises of the

Atlanta VA Health Care System and Eagle’s Nest Community

Living Center. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the Police and Security Section.

The Contractor, at his/her own expense, shall provide all employees with a Contractor Identification Card (ID), prior to performing work under this contract. Contractor employees are required to display this card at all times when performing under this contract. The Contractors employee shall sign each card issued. Employees released from service by the Contractor shall have their card collected by the Contractor. All cards shall contain an expiration date and photograph of the employee. All cards shall be destroyed upon contract completion or termination of the contract. The contractor's onsite supervisor shall ensure that all employees carry and display their card when on duty and are prepared to present them upon request. The Contracting Officer

Representative (COR) shall periodically verify cards of contract employees match their personal identification.

4.9. Permits and Responsibilities: The Contractor shall obtain and maintain all permits, licenses, and appointments required for the execution of work under this contract at no additional cost to the

Government. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws.

In addition, contract termination shall result if the required documents are subsequently denied or withdrawn by the local authorities. Application, justification, fees, and certifications for any licensure required are entirely the responsibility of the

Contractor. The Contractor shall ensure that all employees receive the mandatory training, if applicable to this contract, as required by

OSHA, Joint Commission, etc., and shall comply with all standards and/or requirements.

4.10. Conduct of Personnel: The Contractor shall be responsible for the performance and conduct of its employees. Personnel employed by the Contractor in the performance of this PWS or any representative of the Contractor entering the VA premises shall be subject to inspections by the Government as deemed necessary.

The Contractor shall not employ for performance under this PWS any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

4.11. Personnel Removal: Government rules, regulations, laws, directives, and requirements that are issued during the Contract term relating to law and order, and security shall be applicable to all employees or representatives who enter the VA premises.

Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site.

Removal of employee does not relieve the Contractor from the responsibility for the work defined in this PWS.

The Contracting Officer or designated representative (COR) may require the Contractor to remove any employee performing requirements under this PWS for reasons of misconduct, safety, or security risk posed. Contractor employees shall be subject to immediate dismissal from the premises upon determination by the

COR that such action(s) is in the best interest of the Government.

4.12. Personnel Appearance: Contractor employees shall be well-groomed, clean, and neat in appearance; clothes properly fitted, uniform appearance with nametags, and appropriately dressed for the work to be done. Contractor employees shall not wear clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, racially offensive, sexually suggestive, and anti-American or which advocates the use of illegal drugs or other unlawful conduct.

4.13. Personnel Courtesy: Contractor employees shall not exhibit rude behavior. Loudness, vulgarity, rudeness, or other similar offensive conduct by an employee of the Contractor will be ground for denying the employee further access to the VA premises.

4.14. Alcohol and Illegal Drug Use: Contractor employees shall not consume alcohol or illegal drugs during working hours or at any other time the employees are performing work under this contract. The contractor shall not allow any employee to perform work if the employee is under the influence of alcohol or illegal drugs. Contractor employees found to be under the influence of alcohol or illegal drugs during working hours will be immediately removed from duty. For the purpose of this provision, the threshold for being under the influence of alcohol or illegal drugs is the same as that established by current laws for vehicle operations. The

Contractor is responsible for establishing the method(s) by which employees will be determined to be under the influence of alcohol or illegal drugs.

4.15. Vehicle Conditions and Markings: All Contractor-owned

vehicles shall be maintained in a neat, presentable, and operational condition as determined by the Contracting Officer or COR.

Contractor vehicles shall be clearly marked so as to be distinguishable from Government Equipment. Markings shall include, but not limited to, the Contractor's name and telephone number on all equipment and vehicles used to carry out the requirements of the contract. Contractor vehicles will follow parking rules while on US government property and is subject to tow if illegally parked.

4.16. Insurance: The Contractor shall procure and maintain for the entire contract period, Workmen's Compensation and employers

Public Liability Insurance in accordance with laws of the State of

Florida. Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. See FAR 52.228-5, Clauses Section. Contractor shall provide the CO with an original signed copy of Insurance Certification with appropriate coverage, no later than ten (10) calendar days after notice of award. The contractor will notify the VA immediately of any changes in insurance coverage. Failure to submit documentation regarding the above insurance requirement shall be grounds to terminate the contract for default.

6. Maintenance of Rental Beds

6.1. Vendor will provide manufacturer’s cleaning instructions and insure all rental property is cleaned and decontaminated prior to bringing to AVAHCS and Eagle’s Nest Community Living Center and must be tagged with name of Vendor for ownership/identification purposes.

7. Government Responsibilities

7.1. The Government will provide a list of points of contact and authorized personnel to place requests for delivery and pick up.

7.2. The Government will designate a Contracting Officer’s

Representative (COR) who will furnish technical guidance and advice or generally monitor the work to be performed under this contract.

8. CONTRACT PERFORMANCE MONITORING

9. Invoicing

9.1 Payment will be made monthly in arrears upon receipt of a properly prepared detailed invoice and validated by the COR.

Invoices must be sent electronically through OB10 Payment

System in Austin, Texas.

9.1.1. A properly prepared invoice shall contain:

• Invoice Number and Date services were provided

• Contractor’s Name and Address

• Accurate Purchase Order Number

Performance Indicators

PWS

Ref

Performance Measure

Acceptable Level of Quality

Method of Assessment

Incentives

Product Availability and Accuracy

Para

4.1. & 4.2.

Contractor shall have products available and accurately fill request for specialty beds and surfaces.

100% Surveillance will include periodic inspection and customer input.

Contractor performance will be considered when future contract selections are made.

Response and Delivery

Para

4.3., 4.4.

4.5. &

4.7.

Contractor responds to calls for products 24 hours a day, 7 days a week and deliver clean, sanitized specialty beds and surfaces.

100% Surveillance will include periodic inspection and customer input.

Contractor performance will be considered when future contract selections are made.

Administrative Compliance

Para

4.6.

Contractor accepts orders only from individuals authorized to place the orders 100% of the time.

100% Surveillance will include periodic inspection and customer input.

Contractor performance will be considered when future contract selections are made.

Service Quality Para

4.10., 4.12., &

4.13.

Satisfaction with quality of service is evidenced by valid customer inputs.

100% Surveillance will include periodic inspection and customer input.

Contractor performance will be considered when future contract selections are made.

• Description of Supply or Service provided

• Total amount due

10. Special Contract Requirements

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.

ACCESS TO VA INFORMATION AND VA INFORMATION

SYSTEMS

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

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).

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 comply with VA directive requirements.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Security Incident Investigation:

The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated

ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident

(including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. 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/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. The C&A requirements do not apply, and that a Security Accreditation Package is not required.

Liquidated Damages for Data Breach:

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

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.

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;

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.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Notification;

One year of credit monitoring services consisting of automatic daily monitoring of at least 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 year of identity theft insurance with $20,000.00 coverage at

$0 deductible; and

Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of

Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

Training:

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

Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the

Contractor Rules of Behavior, Appendix E relating to access to

VA information and information systems;

Successfully complete the VA Privacy and Information Security and Rules of Behavior training and annually complete required security training;

Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

Successfully complete any additional information security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication

800-16, Information Technology Security Training Requirements.]

The contractor shall provide to the contracting officer and/or the

COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

Failure to complete the mandatory annual training and sign the

Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

Low Air Loss Bariatric Beds 221

Low Air Loss w/ Max Weight 304

Bariatric Foam/Mattress 265

Support Surface with Combined Immersion 351

Low Air Loss Immersion Therapy 1587

Fluid Immersion Simulation 779

Deep Cell Low Air Loss 89

Base:

POP Begin: 05-15-2020

POP End: 05-14-2021

Low Air Loss w/ Max Weight 304

Bariatric Foam/Mattress 265 Support Surface with

Combined Immersion

Low Air Loss Immersion

Therapy

Option Year 1:

POP Begin: 05-15-2021

POP End: 05-14-2022

Low Air Loss w/ Max Weight 304

Bariatric Foam/Mattress 265 Support Surface with

Combined Immersion

Low Air Loss Immersion

Therapy

Contract Option Year 2:

POP Begin: 05-15-2022

POP End: 05-14-2023

Low Air Loss w/ Max Weight 304

Bariatric Foam/Mattress 265 Support Surface with

Combined Immersion

Low Air Loss Immersion

Therapy

Fluid Immersion Simulation 779

Contract Option Year 3

POP Begin: 05-15-2022

POP End: 05-14-2023

Low Air Loss w/ Max Weight 304

Bariatric Foam/Mattress 265 Support Surface with

Combined Immersion

Low Air Loss Immersion

Therapy

Contract Option Year4

POP Begin: 05-15-2024

POP End: 05-14-2025

GRAND TOTAL

B.3 DELIVERY SCHEDULE

ITEM NUMBER

QUAN

TITY

DELIVER

Y DATE

Low Air Loss Bariatric Beds 221

Low Air Loss w/ Max Weight 304

Bariatric Foam/Mattress 265

Support Surface with Combined Immersion

Low Air Loss Immersion Therapy 1587

B.4 52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

Economically disadvantaged women-owned small business

(EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United

States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family https://www.sam.gov/ members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry

Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in

Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan

Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the

Office of Foreign Assets Control in the Department of the

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C.

1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38

U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part

121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR

124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR

124.103) and economically disadvantaged (as defined at 13 CFR

124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women;

or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in

SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212–3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including http://www.sam.gov/ the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern.

[Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in

13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [

] is, [ ] is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program.

[Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB

Program, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

___________.] Each WOSB concern eligible under the WOSB

Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business

(EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in

(c)(6) of this provision.] The offeror represents that—

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each…