36C24721Q1047.docx

36C24721Q1047

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

557-21-3-2443-0091 36C24721Q1047 Quincy Alexander 334-725-2819 07-26-2021 12pm

EDT

Department of Veterans Affairs Central Alabama Veterans Health Care 215 Perry Hill Road Montgomery

AL

36109-3798 X X 332510 750 Employees

NET 30

N/A X Carl Vinson VA Medical Center 1826 Veterans BLVD

DUBLIN, GA. 31021

Department of Veterans Affairs Central Alabama Health Care System East Campus 2400 Hospital Road Tuskegee

AL

36083-5001

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page

SEE SCHEDULE

See CONTINUATION Page X X

QUINCY ALEXANDER

CONTRACT 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 36C247 Quincy Alexander

Central Alabama Veterans Health Care

215 Perry Hill Road Montgomery AL 36109-3798

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

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EVALUATIONFACTORS

CarlVinsonVAMedicalCenter,Dublin,GA Pyxis MedStation ES 6 Drawer Main, Pyxis Anesthesia Station ES,Pyxis SmartLocks 557-21-3-2443-0091

1. Technical

· Contractor must provide documentation showing ability to provide theequipment/supplies listed in accordance with specifications identified in the salientcharacteristicsdocument.

· The following factors shall be used to evaluate offers: Lowest price Brand name orequal.

2. Past Performance

Contractors will provide three (3) references indicating prior satisfactory delivery andtestingoftherequestedproducts.

3. Price

The Government will evaluate the price by adding the total of all line item prices. All quotesmustremainvalidfor atleast(30)daysfromthe dateofsubmittal.

EVALUATION

EachfactorwillbescoredasAcceptableorUnacceptableasdefinedbelow.Eachquotationwillbe evaluated against the Specification and the stated evaluation criteria using the same “bestvalue” evaluationstandards.

Acceptable ALL the minimum acceptable criteria are clearly met by the proposal. The offerors proposalmeetsthe technicalcapabilityrequirementsasdefined intheSpecifications.

NOTE:Oncetheproposalshavebeendeterminedtobe"technicallyacceptable,"awardwillbased on cost/price, as well as availability to install the brand name product within thepreferredtimeframe.

Vendors must agree to be screened for COVID daily and wear appropriate PPE on 13B. PPE willbeprovidedby thevendor.

Page 1 of Page 1 of Unacceptable Not all of the minimum acceptable criteria are met by the proposal. An unacceptable proposalcontains one or more deficiencies. Proposal fails to meet specified minimum technicalcapabilityrequirementsdefinedinthespecification.

Basis ofAward The Government will award a contract resulting from this solicitation to the responsible offerorwhose quotation conforming to the solicitation will be most advantageous to the Government,price andotherfactors considered.

The non-post factors are technical and past performance. Technical and past performanceevaluation factors will be rated more important than price in the evaluation. Non-price factorsmustberatedasacceptabletobe consideredforpriceevaluation.

The following factors shall be used to evaluate offers:Lowest price, technically acceptableBrand name or Equal in reference to the specification listed, availability to install product byrequested date.

Page 1 of Page 1 of 3786 Statement of Work557-21-3-2443-0091 CarlVinsonVAMedicalCenter,Dublin,GA PyxisMedStationES6DrawerMain,PyxisAnesthesiaStationES,License

BACKGROUND:As the Carl Vinson VA Medical Center continues to expand itsservices, the pharmacy is required to procure Pyxis equipment to properly storemedications to support these expansions. The Pyxis MedStation ES 6 Drawer Main Unitwill provide medication storage for the expansion of the Macon CBOC. A medicationroom is available to store this unit. The Pyxis Anesthesia ES Cart will be used inOperating Room 1 to accommodate for upcoming procedures. An expansion to ourLicensing for Active Directory and Formulary Management will be made since we willnowhave over41 Pyxis MedStationESMainunits at ourfacility.

SCOPE OFWORK:

Contractor shall provide all material, equipment, labor and supervision required to installthe additional equipment. The Contractor will install and connect the Pyxis equipment tothe hospital network. Contractor shall test/inspect the system after installation to ensurecorrect performance and provide written documentation in support of functionality andperformance.A 1-year warranty will cover 100% of equipment delivery, installation, andany necessary repairs within the first year of delivery of these goods.A separateservice agreement will be established for routine maintenance, part replacements, etc.,following theexpirationofthiswarranty.

REPORTING:For services performed during normal working hours, the contractors areto report to a member of Pharmacy management before starting any work.Vendor isrequiredto obtain aVAPIVbadge,which shallbewornatalltimeswhile onstation.

After work is completed, the contractor’s technician(s) are to submit in writing, acomplete report of equipment installed and services performed.A Pharmacy manager,or designee, must sign the service report upon completion of the installation and beforethe staffleavesthefacility.

PERFORMANCE:

The contractor shall deliver and install all components of the Pyxis system and link tothe hospital network.The contractor should also install any software required for theactivation or network connection.The contractor shall include training and instructionsfor use of the equipment and software.Contractor shall be responsible to verifyavailabilityofpowerinareaswhere equipment isbeing installedormoved.

Contractor shall comply with all requirements set forth by local leadership and policeadministration for conducting work on station.Contractor must also comply withNational Fire Protection Association (NFPA), Occupational Safety and HealthAdministration (OSHA) and The Joint Commission, to include NFPA 70: NationalElectric Code and NFPA 101: Life Safety Code.Further, the contractor shall followinfection control and safety precautions including the use of personal protectiveequipment(i.e.properattire,masks,gloves, andeye protection).

Page 1 of Page 1 of The contractor is to clean up and leave the area of work ready for hospital businessduring the next day.All tools shall be fully supervised by contractor technicians andfullysecuredwhennotinuse.

SECURITY:

The contractor, their personnel, and their subcontractors shall be subject to the Federallaws, regulations, standards, and VA Directives and Handbooks regarding informationand information systemsecurityasdelineatedin this contract.

Information made available to the contractor or subcontractor by VA for the performanceor administration of this contract or information developed by thecontractor/subcontractor in performance or administration of the contract shall be usedonly for those purposes and shall not be used in any other way without the prior writtenagreementoftheVA.Thisclauseexpresslylimitsthecontractor/subcontractor'srightstouse dataasdescribed in Rightsin Data-General, FAR52.227-14(d)(1).

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 contractand applicable Federal and VA information confidentiality and security laws, regulationsandpolicies.

EQUIPMENTDESCRIPTION:

1. PyxisMedStationES6-DrawerMainUnit Contains six drawers identical to the Pyxis MedStation ES main currentlylocated attheMaconCBOC 18-gaugesheetmetal Top panel, bottom panel, right panel, left panel, and middle shelf.Removable, locking rear panel covering the back of the cabinetPlastic top cover that fastens to the cabinet structural top panelTwodrawerslidebracketsforeachcabinetdrawerposition Drawer release lever at the rear of each bracket allowing removal of an entiredrawerfromthefrontof thecabinet Casters that allow the cabinet to be easily movedLevelers for leveling on an uneven floorDimensions:26.7" (L),22.8" (W),54.4"(H) Emergency release levers or a release button on the rear of each drawerBarcode scanningsystem BioIDfingerprintidentificationsystem

2. PyxisAnesthesiaStationES Contains drawers identical to the Pyxis Anesthesia Station ES currentlylocated inEndoscopy 18-gaugesheetmetal Top panel, bottom panel, right panel, left panel, and middle shelf.Removable, locking rear panel covering the back of the cabinetPlastictopcoverthatfastenstothecabinetstructuraltoppanel

Page 1 of Page 1 of Twodrawerslidebracketsforeachcabinetdrawerposition Drawer release lever at the rear of each bracket allowing removal of an entiredrawerfromthefront of thecabinet Casters that allow the cabinet to be easily movedLevelers for leveling on an uneven floorDimensions:26.7" (L),22.8" (W),54.4"(H) Emergency release levers or a release button on the rear of each drawerBarcode scanningsystem BioIDfingerprintidentificationsystem

3. An expansion to our Licensing for Active Directory and Formulary Managementwill be made since we will now have over 41 Pyxis MedStation ES Main units atourfacility.

SECURITYREQUIREMENTS:

A. PositionSensitivity-Thepositionsensitivityhasbeendesignatedaslowrisk.

B. Background Investigation- The level of background investigationcommensurate with the required level of access isNational Agency Check withWrittenInquiries (NACI).

C. ContractorResponsibilities

(1) The contractor shall bear the expense of obtaining background investigations.Ifthe Office of Personnel Management (OPM) conducts the investigation, thecontractor shall reimburse VA within 30 days.If timely payment is not madewithin 30 days from date of bill for collection, then VA shall deduct the costincurredfrom thecontractors1stmonth’sinvoice(s)forservicesrendered.

(2) It is imperative for the contractor to provide, at the request of VA, a listing ofcontractor personnel performing services under the contract in order for thebackgroundinvestigationprocesstocommence. This list will include name(first, middle, last) social security number; date of birth; city, state, and country ofbirth.

(3) The contractor or their employees shall submit a complete backgroundinvestigation packet.Additional guidance and information in completing therequired forms, and examples of the forms, can be found athttp://www1.va.gov/VABackground_Investigations/page.cfm?pg=2.

The following required forms must be submitted to the VA Office of Security and LawEnforcementbeforecontractperformancebegins:

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(i) StandardForm85,QuestionnaireforNon-SensitivePositions

(ii) OptionalForm306,DeclarationforFederalEmployment

(iii) ElectronicFingerprintForm

Fingerprinting is required with the background investigation.Fingerprinting can be doneat the local VA Facility.The Electronic Fingerprint Verification Form must be submittedwith theaboverequiredforms.

(4) The Contractor shall inform the contract employee that when filling out StandardForm 85, that there should be no gaps in employment history.Any gaps inemployment history on Standard Form 85 may result in OPM rejecting thedocumentationforinvestigation and delaycontract performance.

(5) The contractor, when notified of an unfavorable determination by theGovernment, shall withdraw the employee from consideration from working underthe contract, and at the request of the VA, submit another employee forconsideration.

(6) The contractor may utilize a private investigating agency if such agencypossesses an OPM and Defense Security Service certification.A Cage Codenumber must be provided to the VA Office of Security and Law Enforcement.VAOffice of Security and Law Enforcement will verify the information and advise thecontracting officer whether contractor’s access to the computer systems can beauthorized.

(7) All contractor employees and subcontractors are required to complete VA’sPrivacy training annually.All Contractor employees and subcontractors requiringaccess to VA computer network are required to complete Cyber Security trainingcourses annually either on-line or hard copy.Documented proof must beprovidedtotheContractingOfficer.

(8) The contractor will notify the COTR immediately when their employee(s) nolongerrequireaccesstoVAcomputersystems.

D. GovernmentResponsibilities:

(1) The contracting officer will request the contractor employee’s backgroundinvestigationbythe Officeof SecurityandLaw Enforcement.

(2) The Office of Security and Law Enforcement will notify the contractor withinstructions for the contractor's employees, coordinate the backgroundinvestigations, and notify the contracting officer and contractor of the results of theinvestigations.

(3) The VA facility will pay for requested investigations in advance.A bill forcollectionwillbesenttothecontractortoreimbursetheVAfacility.Thecontractor

Page 1 of Page 1 of will reimburse the VA facility within 30 days.If timely payment is not made within 30days from date of bill for collection, then VA shall deduct the cost incurred from thecontractors1stmonth’sinvoice(s)forservicesrendered.

***Note*** The SAC (Special Agreement Check) section will be themechanism/documentationusedtoensureVAsensitiveinformationisprotected.

SAC(SpecialAgreementCheck)

All Contractor Employees who require access to the Department of Veterans Affairscomputer systems or who have access to sensitive information shall be required tohave, at a minimum, a Special Agreement Check (SAC) which includes electronicfingerprinting.A Contractor Employee shall not perform any contract work (except forany other required orientation and training that does not require access to a VAcomputer system) until fingerprinting is completed by the local Human ResourceManagement Service.Fingerprinting should take place on the first day that aContractor Employee enters on duty.The Contracting Officer’s TechnicalRepresentative shall facilitate the SAC process for the Contractor and ContractorEmployee.

If the SAC identifies “potentially actionable issues” in connection with a ContractorEmployee and it is determined that the Contractor Employee needs to be removed, theContracting Officer shall notify the Contractor and the Contractor shall immediatelyremove that Employee from contract work. The removal of the Employee shall notexcuseanyfailuretomeet contractrequirements.

SACs and fingerprinting of Contractor Employees will be required even when anEmployee will not be working on site at a VA Facility.The Contracting Officer canidentifyotheroptionsforaccomplishingtheseSACs.

E. VAInformationandInformationSystemsSecurity/PrivacyLanguage

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall besubject to the same Federal laws, regulations, standards, and VA Directives andHandbooks as VA and VA personnel regarding information and information systemsecurity.

2. ACCESSTOVAINFORMATIONANDVAINFORMATIONSYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical accessto VAinformation andVA information systemsfortheiremployees, Page 1 of Page 1 of subcontractors, and affiliates only to the extent necessary to perform the servicesspecifiedinthe contract,agreement, ortask order.

b. All contractors, subcontractors, and third-party servicers and associatesworking with VA information are subject to the same investigative requirementsas those of VA appointees or employees who have access to the same types ofinformation. The level and process of background security investigations forcontractors must be in accordance with VA Directive and Handbook 0710,Personnel Suitability and Security Program. The Office for Operations, Security,andPreparednessisresponsibleforthesepoliciesandprocedures.

c. Contract personnel who require access to national security programs musthave a valid security clearance. National Industrial Security Program (NISP) wasestablished by Executive Order 12829 to ensure that cleared U.S. defenseindustry contract personnel safeguard the classified information in theirpossession while performing work on contracts, programs, bids, or research anddevelopment efforts. The Department of Veterans Affairs does not have aMemorandum of Agreement with Defense Security Service (DSS). Verification ofa Security Clearance must be processed through the Special Security Officerlocated in the Planning and National Security Service within the Office ofOperations,Security,andPreparedness.

d. Custom software development and outsourced operations must be in the U.S.to the maximum extent practical. If such services are proposed to be performedabroad and are not disallowed by other VA policy or mandates, thecontractor/subcontractor must state where all non-U.S. services are provided anddetail a security plan, deemed to be acceptable by VA, specifically to addressmitigation of the resulting problems of communication, control, data protection,and so forth.Locationwithin theU.S.maybeanevaluationfactor.

e. Thecontractor orsubcontractor mustnotifytheContractingOfficerimmediately when an employee working on a VA system or with access to VAinformation is reassigned or leaves the contractor or subcontractor’s employ. TheContracting Officer must also be notified immediately by the contractor orsubcontractorpriortoanunfriendly termination.

3. VAINFORMATIONCUSTODIALLANGUAGE

a. Information made available to the contractor or subcontractor by VA forthe performance or administration of this contract or informationdeveloped by the contractor/subcontractor in performance oradministration of the contract shall be used only for those purposes andshallnotbeusedinanyotherwaywithoutthepriorwrittenagreementof

Page 1 of Page 1 of the VA. This clause expressly limits the contractor/subcontractor's rights tousedataasdescribedinRightsinData-General,FAR52.227-14(d)(1).

b. VA information should not be co-mingled, if possible, with any other dataon the contractors/subcontractor’s information systems or media storagesystems in order to ensure VA requirements related to data protection andmedia sanitization can be met. If co-mingling must be allowed to meet therequirements of the business need, the contractor must ensure that VA’sinformation is returned to the VA or destroyed in accordance with VA’ssanitization requirements. VA reserves the right to conduct onsiteinspections of contractor and subcontractor IT resources to ensure datasecurity controls, separation of data and job duties, and destruction/mediasanitizationproceduresareincompliancewithVAdirectiverequirements.

c. Prior to termination or completion of this contract, contractor/subcontractormust not destroy information received from VA, or gathered/created by thecontractor in the course of performing this contract without prior writtenapproval by the VA. Any data destruction done on behalf of VA by acontractor/subcontractor must be done in accordance with NationalArchives and Records Administration (NARA) requirements as outlined inVA Directive 6300,Records and Information Managementand itsHandbook 6300.1Records Management Procedures, applicable VARecords Control Schedules, and VA Handbook 6500.1,Electronic MediaSanitization. Self-certification by the contractor that the data destructionrequirements above have been met must be sent to the VA ContractingOfficerwithin30daysof terminationofthecontract.

d. The contractor/subcontractor must receive, gather, store, back up,maintain, use, disclose and dispose of VA information only in compliancewith the terms of the contract and applicable Federal and VA informationconfidentiality and security laws, regulations and policies. If Federal or VAinformation confidentiality and security laws, regulations and policiesbecome applicable to the VA information or information systems afterexecution of the contract, or if NIST issues or updates applicable FIPS orSpecial Publications (SP) after execution of this contract, the parties agreeto negotiate in good faith to implement the information confidentiality andsecuritylaws, regulations and policiesinthiscontract.

e. The contractor/subcontractor shall not make copies of VA informationexcept as authorized and necessary to perform the terms of theagreement or to preserve electronic information stored oncontractor/subcontractorelectronicstoragemediaforrestorationincaseanyelectronicequipmentordatausedbythecontractor/subcontractor

Page 1 of Page 1 of needs to be restored to an operating state. If copies are made forrestorationpurposes,aftertherestorationiscomplete,thecopiesmustbeappropriatelydestroyed.

f. If VA determines that the contractor has violated any of the informationconfidentiality, privacy, and security provisions of the contract, it shall besufficient grounds for VA to withhold payment to the contractor or thirdparty or terminate the contract for default or terminate for cause underFederalAcquisitionRegulation (FAR)part12.

g. IfaVHAcontractisterminatedforcause,theassociatedBAAmustalsobe terminated and appropriate actions taken in accordance with VHAHandbook 1600.01,Business Associate Agreements. Absent anagreement to use or disclose protected health information, there is nobusinessassociaterelationship.

h. The contractor/subcontractor must store, transport, or transmit VAsensitive information in an encrypted form, using VA-approved encryptiontoolsthatare,at aminimum,FIPS140-2validated.

i. The contractor/subcontractor’s firewall and Web services security controls,if applicable, shall meet or exceed VA’s minimum requirements. VAConfigurationGuidelinesareavailable upon request.

j. Except for uses and disclosures of VA information authorized by thiscontract for performance of the contract, the contractor/subcontractor mayuse and disclose VA information only in two other situations: (i) inresponse to a qualifying order of a court of competent jurisdiction, or (ii)with VA’s prior written approval. The contractor/subcontractor must referall requests for, demands for production of, or inquiries about, VAinformation and information systems to the VA contracting officer forresponse.

k. Notwithstandingtheprovisionabove,thecontractor/subcontractorshallnot release VA records protected by Title 38 U.S.C. 5705, confidentiality ofmedical quality assurance records and/or Title 38 U.S.C. 7332,confidentiality of certain health records pertaining to drug addiction, sicklecell anemia, alcoholism or alcohol abuse, or infection with humanimmunodeficiency virus. If the contractor/subcontractor is in receipt of acourt order or other requests for the above-mentioned information, thatcontractor/subcontractor shall immediately refer such court orders or otherrequeststotheVAcontractingofficerforresponse.

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l. For service that involves the storage, generating, transmitting, orexchanging of VA sensitive information but does not require C&A or anMOU-ISA for system interconnection, the contractor/subcontractor mustcomplete a Contractor Security Control Assessment (CSCA) on a yearlybasisandprovideittotheCOTR.

4. SECURITYINCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resultedin unauthorized access to, loss or damage to VA assets, or sensitiveinformation, or an action that breaches VA security procedures. Thecontractor/subcontractor shall immediately notify the COTR andsimultaneously, the designated ISO and Privacy Officer for the contract of anyknown or suspected security/privacy incidents, or any unauthorized disclosureof sensitive information, including that contained in system(s) to which thecontractor/subcontractorhasaccess.

b. To the extent known by the contractor/subcontractor, thecontractor/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 considersrelevant.

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

d. In instances of theft or break-in or other criminal activity, thecontractor/subcontractor must concurrently report the incident to theappropriatelaw enforcemententity(orentities)ofjurisdiction,includingtheVA OIG and Security and Law Enforcement. The contractor, its employees,and its subcontractors and their employees shall cooperate with VA and anylaw enforcement authority responsible for the investigation and prosecution ofany possible criminal law violation(s) associated with any incident. Thecontractor/subcontractor shall cooperate with VA in any civil litigation torecover VA information, obtain monetary or other compensation from a thirdparty for damages arising from any incident, or obtain injunctive relief againstanythird partyarising from,orrelatedto,theincident.

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5. LIQUIDATEDDAMAGESFORDATABREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may requireaccess to sensitive personal information.If so, the contractor is liable to VAfor liquidated damages in the event of a data breach or privacy incidentinvolving any SP/ the contractor/subcontractor processes or maintains underthis contract.However, it is the policy of VA to forgo collection of liquidateddamages in the event the contractor provides payment of actual damages inan amountdeterminedtobe adequatebytheagency.

b. The contractor/subcontractor shall provide notice to VA of a “security incident”as set forth in the Security Incident Investigation section above. Upon suchnotification, VA must secure from a non-Department entity or the VA Office ofInspector General an independent risk analysis of the data breach todetermine the level of risk associated with the data breach for the potentialmisuse of any sensitive personal information involved in the data breach. Theterm 'data breach' means the loss, theft, or other unauthorized access, or anyaccess other than that incidental to the scope of employment, to datacontaining sensitive personal information, in electronic or printed form, thatresults in the potential compromise of the confidentiality or integrity of thedata. Contractor shall fully cooperate with the entity performing the riskanalysis. Failure to cooperate may be deemed a material breach and groundsforcontracttermination.

c. Each risk analysis shall address all relevant information concerning the databreach,includingthefollowing:

(1) Natureoftheevent(loss,theft,unauthorizedaccess);

(2) Descriptionoftheevent,including:

(a) dateofoccurrence;

(b) data elements involved, including any PII, such as full name,social security number, date of birth, home address, accountnumber,disability code;

(3) Numberofindividualsaffectedorpotentiallyaffected;

(4) Namesofindividualsorgroupsaffectedorpotentiallyaffected;

(5) Ease of logical data access to the lost, stolen or improperly accesseddata in light of the degree of protection for the data, e.g., unencrypted,plain text;

(6) AmountoftimethedatahasbeenoutofVA control;

(7) The likelihood that the sensitive personal information will or has beencompromised(madeaccessibletoandusablebyunauthorizedpersons);

(8) Known misuses of data containing sensitive personal information, ifany;

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(9) Assessmentofthepotentialharmtotheaffectedindividuals;

(10) Databreachanalysisasoutlinedin6500.2Handbook,ManagementofSecurityandPrivacyIncidents,as appropriate;and

(11) Whether credit protection services may assist record subjects inavoiding or mitigating the results of identity theft based on the sensitivepersonalinformation thatmayhavebeencompromised.

d. Based on the determinations of the independent risk analysis, the contractorshallberesponsibleforpayingtotheVAliquidateddamagesintheamountof $37.50 per affected individual to cover the cost of providing credit protectionservicestoaffectedindividualsconsistingof the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic dailymonitoringofatleast 3relevantcreditbureaureports;

(3) Databreachanalysis;

(4) Fraud resolution services, including writing dispute letters, initiatingfraud alerts and credit freezes, to assist affected individuals to bringmatterstoresolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0deductible;and

(6) Necessary legal expenses the subjects may incur to repair falsified ordamaged credit records,histories,orfinancialaffairs.

6. TRAINING

a. All contractor employees and subcontractor employees requiring access to VAinformation and VA information systems shall complete the following beforebeinggrantedaccessto VA informationand its systems:

(1) Sign and acknowledge (either manually or electronically)understanding of and responsibilities for compliance with theContractorRules of Behavior, Appendix D relating to access to VA information andinformation systems;

(2) Successfully complete theVA Cyber Security Awareness and Rules ofBehaviortrainingandannuallycompleterequiredsecuritytraining;

(3) Successfully complete the appropriate VA privacy training and annuallycomplete requiredprivacy training;and

(4) Successfully complete any additional cyber security or privacy training,as required for VA personnel with equivalent information system access[to be defined by the VA program official and provided to the contractingofficer for inclusion in the solicitation document – e.g., any role-basedinformation security training required in accordance with NIST SpecialPublication 800-16, Information Technology Security TrainingRequirements.]

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b. The contractor shall provide to the contracting officer and/or the COTR acopy of the training certificates and certification of signing the ContractorRules of Behavior for each applicable employee within 1 week of theinitiationofthe contract and annuallythereafter, asrequired.

c. Failure to complete the mandatory annual training and sign the Rules ofBehavior annually, within the timeframe required, is grounds forsuspension or termination of all physical or electronic access privilegesand removal from work on the contract until such time as the training anddocumentsarecomplete.

SECURITYCONTROLSCOMPLIANCETESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right toevaluate any or all of the security controls and privacy practices implemented by thecontractor under the clauses contained within the contract. With 10 working-days’notice, at the request of the government, the contractor must fully cooperate and assistin a government-sponsored security controls assessment at each location wherein VAinformation is processed or stored, or information systems are developed, operated,maintained, or used on behalf of VA, including those initiated by the Office of InspectorGeneral. The government may conduct a security control assessment on shorter notice(to include unannounced assessments) as determined by VA in the event of a securityincidentoratanyothertime.

HOURS OF WORK:Work is to be performed during normal hours, between the hoursof 7:00am – 4:30pm, Monday through Friday, excluding federal holidays, and shall becompleted within1week of starting.

VendorElectronicInvoiceSubmissionMethods

Facsimile, e-mail, and scanned documents are not acceptable forms of submission forpayment requests. Electronic form means an automated system transmitting informationelectronicallyaccordingtotheacceptedelectronicdatatransmissionmethodsbelow:

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses athird-party contractor, Tungsten Network (Formerly OB10), to transition vendorsfrom paper to electronic invoice submission. Please go to this websitehttp://www.tungsten-network.com/us/en/veterans-affairs-us/tobeginsubmittingelectronicinvoices,freeof charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formatsestablished by the Accredited Standards Center (ASC) chartered by theAmerican National Standards Institute (ANSI). The X12 EDI Web site(http://www.x12.org).

3. Aproperlypreparedinvoicewillcontain:

Page 1 of Page 1 of

· InvoiceNumberandDate

· Contractor’sNameandAddress

· AccuratePurchaseOrderNumber

· SupplyorServiceprovided

· Invoicemustshowserviceprovidedandamountdue,byCLIN

· Totalamountdue

Vendore-InvoiceSet-UpInformation:

Please contact OB10 at the phone number or email address listed below to beginsubmitting your electronic invoices to the VA Financial Services Center for paymentprocessing, free of charge. If you have question about the e-invoicing program or OB10,pleasecontacttheFSCatthe phone numberoremailaddresslisted below:

· OB10e-InvoiceSetupInformation:1-877-489-6135

· OB10e-Invoiceemail:VA.Registration@ob10.com

· FSCe-invoiceemail:vafsccshd@va.gov

DELIVERY:

This equipment will be delivered to Carl Vinson VA Medical Center, 1826 VeteransBLVD, Dublin,GAwithin90days.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

MES-6B--0H--0N6U0M0B0V MEDSTATION, ES, MAIN, 6DR

LOCAL STOCK NUMBER: 323

MES--S--1A1N0P3M0B PYXIS ANESTHESIA SYSTEM ES

LOCAL STOCK NUMBER: 327

134802-01 LOCALIZED USER/FORM MGMT LIC 4

LOCAL STOCK NUMBER: 134802-01

Operator's Manual Hardcopy/Electronic

Service Manual Hardcopy/Electronic

B.3 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records.