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FedBizOpps Combined Synopsis/Solicitation Notice
CLASSIFICATION CODE
SUBJECT
CONTRACTING OFFICE'S
ZIP-CODE
SOLICITATION NUMBER
RESPONSE DATE
(MM-DD-YYYY)
ARCHIVE
DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
SET-ASIDE
NAICS CODE
CONTRACTING OFFICE
ADDRESS
POINT OF CONTACT
(POC Information Automatically Filled from User Profile Unless Entered)
DESCRIPTION
See Attachment
AGENCY'S URL
URL DESCRIPTION
AGENCY CONTACT'S EMAIL
ADDRESS
EMAIL DESCRIPTION
ADDRESS
POSTAL CODE
COUNTRY
ADDITIONAL INFORMATION
GENERAL INFORMATION
PLACE OF PERFORMANCE
* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010
CLC MEDICATION CARTS
33410-6400 36C24818Q9526 08-03-2018 N 339113 Department of Veterans Affairs West Palm Beach VA Medical Center 7305 North Military Trail Palm Beach Gardens FL 33410-6400 Victor R. Abinader Department of Veteran Affairs Caribbean Healthcare System 10 Calle Casia Street San Juan, PR.
00921-3035
USA
victor.abinader@va.gov Contracting Officer
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. The Department of Veterans Affairs, 36C672 has a need to procure CLC Medication Carts for Nursing Home CLC. See SOW Deliverables for items required and specs.
(ii) The combined synopsis solicitation number is 36C24818Q9526. It’s issued as a Request for Quotation (RFQ).
(iii) This combined synopsis solicitation RFQ and the provisions and clauses incorporated are those in effect through Federal Acquisition Circular 2005-95.
(iv) The combined synopsis solicitation is 100% Set-Aside for Service Disabled Veteran Owned Small Business (SDVOSB) following - cascade procedures. The NAICS is 339113. Business size standard is 500 employees. Note, Interested Service Disabled/Veteran Owned Small Business [SDVOSB/VOSB] Offerors must be listed and registered in Vetbiz.gov to be considered for Award.
(v) This combined synopsis solicitation is for CLC Medication Carts for Nursing Home CLC. See SOW Deliverables for items required and specs; Brand Name or Equal to (Lionville Medication Carts Assembly) product in accordance with FAR 52.211-6. Any “or equal” response shall include manufacturer plus parts list, along with details on how such item(s) match or exceed the salient characteristics. Responses shall be on an all or none bases, no partial submission. The Government reserves the right to make no award at all.
(vi) A description of the items to be acquired is as follows:
See attached SOW Deliverables for items required and specifications.
(vii) The equipment is to be delivered on or before 60 days After Receipt of Order (ARO), at the expense of the offeror, FOB destination to Department of Veteran Affairs, Caribbean Healthcare System, C/O Interstate Warehouse, 3700 Port Parkway Suite #7, Jacksonville, Florida 32226-4406, final destination: Pulmonary Service Department of SAJVACHS.
(viii) Provision 52.212-1, Instructions to Offerors – Commercial (Oct 2015), applies to this acquisition.
Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items: Offerors are to submit their bids on FBO no later than 3 Aug 2018@ Noon EST. All provisions and clauses applicable to this solicitation can be viewed in full text using the following web addresses: http://www.acquisition.gov/far/index.html and http://www.va.gov/oal/library/vaar/
(ix) Provision 52.212-2, Evaluation – Commercial Items (OCT 2014), applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price considered. The following factors shall be used to evaluate offers:
· Technical Features
· Price
· Past Performance
Price and technical acceptability as applicable will be determined in accordance with the salient characteristics provided (Please see item description and statement of work). The Government has determined in advance that the Best Value will be the offer with the lowest evaluated price among those offers rated “technically acceptable”. “Government will conduct comparative evaluations of all quotes and award to the vendor which represents the best value on the basis of meeting the Technical, Price and Past Performance.
Once the government determines that there is a vendor that is the best suited to meet the requirements of this RFQ; the government reserves the right to communicate with only that vendor to address any remaining issues.“
ADDENDUM to 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
Small Business Set-aside – CASCADE PROCEDURE
1. Any award(s) resulting from this solicitation will be made using the following cascade order of precedence:
1.1. In accordance with FAR Subpart 19.14 and PL 109-461, award under this solicitation will be made on a competitive basis to qualified, responsible, eligible Service Disabled Veteran Owned Small Business (SDVOSB) concerns (see Section 15(k) of the Small Business Act (15 U.S.C. § 644(k)) FAR 52.219-1, “Small Business Program Representations” for small business size definition) who submits a responsive offer, provided that there is adequate competition among such firms and award can be made at a reasonable price.
1.2. Make award to an eligible SDVOSB at a fair and reasonable price in accordance with FAR 19.202-6.
1.3. If award cannot be made to a SDVOSB concern at a fair and reasonable price, award will be made to an eligible Veteran Owned Small Business (VOSB) concern at a fair and reasonable price.
1.4. If award cannot be made to a VOSB concern at a fair and reasonable price, award will be made to a HUBZone, Woman-Owned Small Business (WOSB) or small business concern.
1.4. If award cannot be made to a HUBZone or WOSB, or small business concern at a fair and reasonable price, award will not be made as a small business set-aside.
1. If fair and reasonable pricing cannot be established with any small business concern, then award will be made to other than a small business on the basis of full and open competition considering all responsive quoters submitted by responsible business concerns.
2. Award can be made if only one quote is received and that quote is a fair and reasonable price and from a vendor that is qualified, responsible, and eligible.
3. Pricing will be firm fixed price for each line item identified. After receipt of quotes, a determination shall be made of which quote(s) are in the competitive range for the purpose of conducting written and/or oral discussions, if necessary. Quoters should note that award may be made on the initial quote.
END OF ADDENDA TO 52.212-2
(x) 52.212-3 Offeror Representations and Certifications – Commercial items (MAY 2014) applies to this acquisition. It is advised that Offerors include a completed copy of the provision at 52.212-3 Offeror Representation and Certification – Commercial Items (FEB 2016) with their offer. Provision at 52.212-3 Offeror Representation and Certification can be accessed electronically at the following web address: http://www.acquisition.gov/far/index.html
(xi) Clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.
(xii) Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders—Commercial Items (APR 2015) applies to this acquisition.
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(41 U.S.C. 3509).
[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[x] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[] (5) [Reserved] [] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
[] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).
[x] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
[] (ii) Alternate I (NOV 2011) of 52.219-3.
[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (JAN 2011) of 52.219-4.
[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
[] (ii) Alternate I (NOV 2011).
[] (iii) Alternate II (NOV 2011).
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
[] (ii) Alternate I (Oct 1995) of 52.219-7.
[] (iii) Alternate II (Mar 2004) of 52.219-7.
[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).
[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (Oct 2001) of 52.219-9.
[] (iii) Alternate II (Oct 2001) of 52.219-9.
[] (iv) Alternate III (OCT 2014) of 52.219-9.
[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
[X] (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C 632(a)(2)).
[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).
[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
[X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
[X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).
[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-13.
[] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).
[] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (41) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).
[X] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate I (MAY 2014) of 52.225-3.
[] (iii) Alternate II (MAY 2014) of 52.225-3.
[] (iv) Alternate III (MAY 2014) of 52.225-3.
[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
[X] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-17, Non-displacement of Qualified Workers (MAY 2014) (E.O. 13495).
[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).
[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
(End of Clause)
VAAR 852.246-70 GUARANTEE (JAN 2008)
The contractor guarantees the equipment against defective material, workmanship and performance for a period of seven years, said guarantee to run from date of acceptance of the equipment by the Government. The contractor agrees to furnish, without cost to the Government, replacement of all parts and material that are found to be defective during the guarantee period. Replacement of material and parts will be furnished to the Government at the point of installation, if installation is within the continental United States, or f.o.b. the continental U.S. port to be designated by the contracting officer if installation is outside of the continental United States. Cost of installation of replacement material and parts shall be borne by the contractor.
(End of Clause)
(xiii) Statement regarding any Additional Provisions and Clauses, or other terms and conditions important to the requirement/procurement process consistent with commercial practices:
Provisions in full text:
52.225-18 Place of Manufacture (MAR 2015).
(a) Definitions. As used in this clause— “Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) FPSC 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.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) [] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [] Outside the United States.
(End of provision) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998).
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of provision) 852.252-70 Solicitation provisions or clauses incorporated by reference (JAN 2008).
The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.
(End of provision)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of one firm-fixed-price contract resulting from this solicitation.
(End of Provision)
52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Hand-Carried Address:
Department of Veterans Affairs West Palm Beach VA Medical Center Contracting Woodbine Suite 4 7305 North Military Trail Palm Beach Gardens FL 33410-6400
Mailing Address:
Department of Veterans Affairs West Palm Beach VA Medical Center Contracting Woodbine Suite 4 7305 North Military Trail Palm Beach Gardens FL 33410-6400
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)
(a) Any protest filed by an interested party shall:
(1) Include the name, address, fax number, and telephone number of the protester;
(2) Identify the solicitation and/or contract number;
(3) Include an original signed by the protester or the protester's representative and at least one copy;
(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;
(5) Specifically request a ruling of the individual upon whom the protest is served;
(6) State the form of relief requested; and
(7) Provide all information establishing the timeliness of the protest.
(b) Failure to comply with the above may result in dismissal of the protest without further consideration.
(c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.
(End of Provision)
VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)
As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.
(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:
| Deputy Assistant Secretary for Acquisition and Logistics, |
| Risk Management Team, Department of Veterans Affairs |
| 810 Vermont Avenue, N.W. |
| Washington, DC 20420 |
Or for solicitations issued by the Office of Construction and Facilities Management:
| Director, Office of Construction and Facilities Management |
| 811 Vermont Avenue, N.W. |
| Washington, DC 20420 |
VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (JAN 2008)
The supplies or equipment required by this invitation for bid or request for proposal must conform to the standards of the Federal, State, Local, Industry and manufacturer as to any and all applicable legal or otherwise doctrine. The successful bidder or offeror will be required to submit proof that the item(s) he/she furnishes conforms to this requirement. This proof may be in the form of a label or seal affixed to the equipment or supplies, warranting that they have been tested in accordance with and conform to the specified standards. Proof may also be furnished in the form of a certificate from one of the above listed organizations certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.
(End of Provision)
VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)
The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.
(End of Provision)
Provisions incorporated by reference are:
· 52.203-11 Certification and Disclosure regarding payments to Influence certain Federal Transactions (SEP 2007);
· 52.204-7 System for award management (JUL 2013)
· 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014)
· 52.204-17 Ownership or Control of Offeror (NOV 2014)
· 52.211-6 Brand Name or Equal (AUG 1999)
· 52.212-1 Instructions to Offerors – Commercial Items (APR 2014);
· 52.225-25 Prohibition on Contracting with entities engaging in certain activities or transactions relating to Iran – Representation and Certification (DEC 2012) Clauses in Full Text:
52.252-2 Clauses Incorporated by Reference (FEB 1998).
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ (End of clause) Clauses Incorporated by Reference:
· 52.204-13 System for Award Management Maintenance (JUL 2013)
· 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)
· 52.222-20 Contracts for materials, supplies, articles, and equipment exceeding $15,000.00 (MAY 2014);
· 52.232-1 Payments (APR 1984);
· 52.232-8 Discounts for prompt payment (FEB 2002);
· 52.243-1 Changes –Fixed Price (AUG 1987);
· 852.203-70 Commercial Advertising (JAN 2008);
· 852.246-71 Inspection (JAN 2008);
· 852.215-71 Evaluation Factor Commitments (DEC 2009)
(xiv) DPAS is N/A
(xv) The Bids are due NLT 3 August 2018@Noon EST., bids must be posted on FBO to be considered responsive by the due date.
(xvi) For further information contact Contract Officer Victor Abinader by phone at 561-702-1885, but preferably by email to victor.abinader@va.gov.
Contracting Office: West Palm Beach Point of Contact(s): Victor R. Abinader
Contracting Officer: Victor R. Abinader
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Department of Veterans Affairs, San Juan VA Medical Center has a need to procure 11 Medication Carts for the CLC.
See attached document for: Statement of Work.
See attached document for: Combined Synopsis Solicitation.
See attached document for: Price Schedule.
Performance Work Statement (PWS)
672-18-08 MOBILE WORKSTATION MEDICATION CART
12/04/2017 Version 1.0
| Vision Statement | 17 |
| 1 Background | 17 |
| 1.1 Scope | 17 |
| 2 General Requirements | 17 |
| 2.1 Non-Personal Services | 17 |
| 2.2 Business Relations | 18 |
| 2.3 Contract Administration and Management | 18 |
| 2.3.1 Contract Administration | 18 |
| 2.4 Location and Hours of Work | 18 |
| 3 Performance Requirements | 19 |
| 3.1 Specifications as set forth in this proposal are minimum specifications and shall not be construed as limiting the overall quality, quantity, or performance characteristics of items furnished. The vendor shall meet or exceed the minimum requirements and shall be held responsible for the supply, performance and overall quality of the product. | 19 |
| 3.2 Equipment shall meet the following specifications | 19 |
| 4 Special Requirements | 25 |
| 4.1 Security | 25 |
| 5 Quality | 34 |
| 5.1 Quality Control | 34 |
| 5.2 Quality Assurance Surveillance Plan (QASP) | 34 |
| 6 Deliverables | 35 |
Performance Work Statement (PWS)
672-18-08 MOBILE WORKSTATION MEDICATION CART
Vision Statement
To procure Medication Carts Assembly for VA Caribbean Healthcare System Community Living Center, (CLC) needed by Nursing Service.
1 Background VA Caribbean Healthcare System needs several Medication Carts Assembly since the existing ones are not in compliance this was an outcome measure from RCA M-17. The Medication Carts Assembly are important equipment used for direct patient care by the Nursing Service. The flexibility for nursing providers when giving medications and interacting with the patient, is a great piece for the healthcare environment.
This procurements to provide the Medication Carts Assembly needed for the Nursing Service to provide the appropriate equipment required for the medical services. The existing Medication Carts Assembly are not in compliance which affects medical services and compliance with patient safety. The Medication Carts Assembly requested considers RCA M-17 results, sustainability and ergonomic features for long service hours. This project also look to improve the experience and improve the service to patients.
Medication Carts Assembly has been selected and specified in compliance of the following:
IRM Requirements Infection Control Health informatics Ergonomic
1.1 Scope
This package is to procure Medication Carts Assembly for VA Caribbean Healthcare System Community Living Center, (CLC) needed by Nursing Service. The necessary healthcare equipment (enclosed in the following specifications) includes new medical cart monitors, rugged Mini PC, Silver Seal Medical Keyboards, Wireless Area-Imaging Scanners, Smart Card Reader Terminals and the 16 drawers Cart. With the new carts VACHS capabilities will meet the government needs and the service intent. This Equipment will be placed in VA San Juan Main facility located in San Juan, Puerto Rico.
Equipment needed: 11 Medication Carts Assembly 2 General Requirements
2.1 Non-Personal Services
The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.
2.2 Business Relations
The contractor shall successfully accomplish and coordinate all activities described in Section 3 of this PWS to execute the requirement. The contractor shall manage the timeliness described in Section 3 of this PWS, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.
2.3 Contract Administration and Management
The following subsections specify requirements for contract, management, and personnel administration.
2.3.1 Contract Administration
The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions within 24 hours.. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.
2.4 Location and Hours of Work
Contractor performance will take place outside Caribbean Healthcare System facility.
Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).
There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:
Under current definitions, four are set by date:
· New Year's Day January 1
· Independence Day July 4
· Veterans Day November 11
· Christmas Day December 25 If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.
The other six are set by a day of the week and month:
· Martin Luther King's Birthday Third Monday in January
· Washington's Birthday Third Monday in February
· Memorial Day Last Monday in May
· Labor Day First Monday in September
· Columbus Day Second Monday in October
· Thanksgiving Fourth Thursday in November The Contractor place of performance for record retirement and relocation shall take place at the VA Facility. Contractor place of performance for scanning, importing, and indexing documents shall be determined in each individual Task Order. Performance may take place outside normal business hours (7:30 a.m. 4:00 p.m.). However, overtime for this work shall not be authorized.
3 Performance Requirements The Contractor shall provide, at a minimum, all tasks and deliverables described within this document placed against this contract. All deliverables shall be submitted to the local Contracting Officer Representative (COR), in accordance with each individual task order. Unless otherwise stipulated, written deliverables shall be phrased in plain English. Statistical and other technical terminology, as describe in section 3.1 of this PWS, shall not be used without providing a glossary of terms. The Contractor shall provide all management, labor, and resources needed.
When the Contractor cannot meet the specified deadline, they must inform the local facility COR within five (5) business days. If the Contractor is uncertain concerning a policy or procedure, the Contractor shall consult with the local facility COR for clarification. The Contractor shall perform all deliverables not later than 60 days after award.
The Contractor is responsible for performing quality reviews of staff work. The Contractor shall bear the cost of any re-work and/or corrections and take corrective action when services are found deficient or substandard.
3.1 Specifications as set forth in this proposal are minimum specifications and shall not be construed as limiting the overall quality, quantity, or performance characteristics of items furnished. The vendor shall meet or exceed the minimum requirements and shall be held responsible for the supply, performance and overall quality of the product.
3.1.1 Substitute or Similar equipment
Any substitute or similar equipment shall be presented in written to the CLC Program Manager. CLC Program Manager shall provide in written notice the approval of the Medication Carts Assembly.
3.1.2 Compliance with manufacturer specifications
Proposed equipment should be equal or better to the manufacturer specified in the basis of design enclosed and described on section b. Refer to the enclosed documentation and provide a breakdown for the equipment.
3.1.3 Integrity and Design
Equipment and Parts must remain as specified to maintain the integrity of the design in tent and the home like environment. Bidder shall provide an AutoCAD 2000 dimensioned drawings, images and/or 3D models (.skp 6 or .dwg 2000) with your bid to verify size is accurate. No alternates will be accepted. No bids accepted without the required information above.
3.1.4 Physical Samples
Finishes, physical samples and cut sheets for proposed equipment should be included with submission.
3.2 Equipment shall meet the following specifications
3.2.1 G00i-C-182346 Lionville Medication Carts Assembly
QTY MODEL DESCRIPTION
4 G00i-C-182346 Lionville Medication Carts Assembly 1 403823PH Cart, 600, Standard Body Assembly, 10-Tier Capacity
1 404414PH KIT, IV POLE WITH 2 HOOKS, MED
1 21937PH Adjustable Med Cup Dispenser 1 403834PH Single Pivot - Single Monitor 1 403886PH Wiring Tray, Generic, Mini Pc, DC-DC 1 403890PH Integration Kit, Tangent Rugged Mini, Gm 1 403841PH LCD Keypad Operated Assembly, Med Carts 600, Top With Drop-In Bin 1 32294PH Keyboard Tray, Front Opening 4 35002-LG Cassette w/ (4) 7.5"W Patient Drawers. oyster 1 35001-LG Cassette w/ (2) 7.5"W Patient Drawers, oyster 1 30097-DPH 600 Storage Drawer, 4"H Aluminum (right), denim 3 30098-DPH 600 Storage Drawer, 8"H Aluminum (right), denim 1 23745PH Sharps Bracket (generic), non-locking 1 403880PH Waste Bin, Side Mounted, 24" High 1 403872PH Power Supply Kit DC, Li-Nano, Med Cart 600 KIT, 1 403554PH POWERSTRIP AND COIL CORD
1 403884PH Casters, 2 Std, 2 Brakes 1 MEDCARTPACK600PH Packaging for 600 Cart Performance Standards
a) Standard: Substitute or similar equipment approved by Community Living Center Manager AQL: 100% No deviations allowed Deliverables CLIN001 G00i-C-182346 Lionville Medication Carts Assembly
3.2.2 G00i-C-182366 Lionville Medication Carts Assembly
QTY MODEL DESCRIPTION
4 G00i-C-182366 lionville Medication Carts Assembly 1 403823PH Cart, 600, Standard Body Assembly, 10-Tier Capacity
1 404414PH KIT, IV POLE WITH 2 HOOKS, MED
1 21937PH Adjustable Med Cup Dispenser 1 403834PH Single Pivot - Single Monitor 1 403886PH Wiring Tray, Generic, Mini Pc, DC-DC 1 403890PH Integration Kit, Tangent Rugged Mini, Gm 1 403841PH LCD Keypad Operated Assembly , Med Carts 600, Top With Drop-In Bin 1 32294PH Keyboard Tray, Front Opening 4 35002-LG Cassette w/ (4) 7.5"W Patient Drawers. oyster 1 35001-LG Cassette w/ (2) 7.5"W Patient Drawers, oyster 1 30097-WPH 600 Storage Drawer, 4"H Aluminum (right), willow 3 30098-WPH 600 Storage Drawer, 8"H Aluminum (right), willow 1 23745PH Sharps Bracket (generic), non-locking 1 403880PH Waste Bin, Side Mounted, 24" High 1 403872PH Power Supply Kit DC, Li-Nano, Med Cart 600
1 403554PH KIT, POWERSTRIP AND COIL CORD
1 403884PH Casters, 2 Std, 2 Brakes 1 MEDCARTPACK600PH Packaging for 600 Cart 1 C21-158 COMPUTER , TANGENT, RUGGED MINI I, INTEL 15 2.5GHZ, 8GB RAM, 500GB HD, WIN 64BIT
1 C13-727 KEYBOARD, WATERPROOF SEAL SHIELD
1 C13-697 MOUSE.SILVER STORM , WASHABLE SCROLL, SEAL SHIELD MEDICAL GRADE
1 403898 KIT, MONITORS, POWER, DVI-DVI
1 C13-896 MONITOR, IIYAMA 221N, TOUCH ANTI-GLARE, PRIVACY
1 C13-742 KIT, HONEYWELL 1902 SCANNER, FIPS
1 C13-522 READER, SMART CARD, CHERRY USB ST-1044 EXTERNAL
2 35105 Dividers 7-1/2" Wide clear a
1 35070 DIVIDER SET FOR 4"H 600 STORAG
1 35073 DIVIDER SET FOR 8" & 1O"H 600
1 HCP-APOOX-2-48 48 Mos Parts Only Elec Ext Warranty - Yr 2 Performance Standards
a) Standard: Substitute or similar equipment approved by Community Living Center Manager AQL: 100% No deviations allowed Deliverables CLIN002 G00i-C-182366 Lionville Medication Carts Assembly
3.2.3 600i-C-182367 Lionville Medication Carts Assembly
QTY MODEL DESCRIPTION
2 600i-C-182367 Lionville Medication Carts Assembly 1 403823PH Cart, 600, Standard Body Assembly, 10-Tier Capacity
1 404414PH KIT, IV POLE WITH 2 HOOKS , MED
1 21937PH Adjustable Med Cup Dispenser 1 403834PH Single Pivot - Single Monitor 1 403886PH Wiring Tray, Generic, Mini Pc, DC-DC 1 403890PH Integration Kit, Tangent Rugged Mini, Gm 1 403841PH LCD Keypad Operated Assembly, Med Carts 600, Top With Drop-In Bin 1 32294PH Keyboard Tray, Front Opening 4 35002-LG Cassette w/ (4) 7.5"W Patient Drawers. oyster 1 35001-LG Cassette w/ (2) 7.5"W Patient Drawers, oyster 1 30097-CPH 600 Storage Drawer, 4"H Aluminum (right), coral 3 30098-CPH 600 Storage Drawer, 8"H Aluminum (right), coral 1 23745PH Sharps Bracket (generic), non-locking 1 403880PH Waste Bin, Side Mounted, 24" High 1 403872PH Power Supply Kit DC, Li-Nano, Med Cart 600
1 403554PH KIT, POWERSTRIP AND COIL CORD
1 403884PH Casters, 2 Std, 2 Brakes 1 MEDCARTPACK600PH Packaging for 600 Cart 1 C21-158 COMPUTER, TANGENT, RUGGED MINI I, INTEL 15 2.5GHZ, 8GB RAM, 500GB HD, WIN? 64BIT
1 C13-727 KEYBOARD, WATERPROOF SEAL SHIELD
1 C13-697 MOUSE.SILVER STORM, WASHABLE SCROLL, SEAL SHIELD MEDICAL GRADE
1 403898 KIT, MONITORS, POWER, DVI-DVI
1 C13-896 MONITOR, IIYAMA 22IN, TOUCH ANTI-GLARE, PRIVACY
1 C13-742 KIT, HONEYWELL 1902 SCANNER, FIPS
1 C13-522 READER, SMART CARD, CHERRY USB ST-1044 EXTERNAL
2 35105 Dividers 7-1/2" Wide clear a
1 35070 DIVIDER SET FOR 4"H 600 STORAG
1 35073 DIVIDER SET FOR 8" & 10"H 600
1 HCP-AP00X-2-48 48 Mos Parts Only Elec Ext Warranty - Yr 2 Performance Standards
a) Standard: Substitute or similar equipment approved by Community Living Center Manager AQL: 100% No deviations allowed Deliverables CLIN003 600i-C-182367 Lionville Medication Carts Assembly
3.2.4 G00i-C-182368 Lionville Medication Carts Assembly
QTY MODEL DESCRIPTION
1 G00i-C-182368 Lionville Medication Carts Assembly 1 403823PH Cart, 600, Standard Body Assembly, 10-Tier Capacity
1 404414PH KIT, IV POLE WITH 2 HOOKS, MED
1 21937PH Adjustable Med Cup Dispenser 1 403834PH Single Pivot - Single Monitor 1 403886PH Wiring Tray, Generic, Mini Pc, DC-DC 1 403890PH Integration Kit, Tangent Rugged Mini, Gm 1 403841PH LCD Keypad Operated Assembly, Med Carts 600, Top With Drop-In Bin 1 32294PH Keyboard Tray, Front Opening 4 35002-LG Cassette w/ (4) 7.5"W Patient Drawers. oyster 1 35001-LG Cassette w/ (2) 7.5"W Patient Drawers, oyster 1 30097-SPH 600 Storage Drawer, 4"H Aluminum (right), stone 3 30098-SPH 600 Storage Drawer, 8"H Aluminum (right), stone 1 23745PH Sharps Bracket (generic), non-locking 1 403880PH Waste Bin, Side Mounted, 24" High 1 403872PH Power Supply Kit DC, Li-Nano, Med Cart 600
1 403554PH KIT, POWERSTRIP AND COIL CORD
1 403884PH Casters, 2 Std, 2 Brakes 1 MEDCARTPACK600PH Packaging for 600 Cart 1 C21-158 COMPUTER, TANGENT, RUGGED MINI I, INTEL 15 2.5GHz, 8GB RAM, 500GB HD, WIN? 64BIT
1 C13-727 KEYBOARD, WATERPROOF SEAL SHIELD
1 C13-697 MOUSE.SILVER STORM, WASHABLE SCROLL, SEAL SHIELD MEDICAL GRADE
1 403898 KIT, MONITORS, POWER, DVI-DVI
1 C13-896 MONITOR, IIYAMA 22IN, TOUCH ANTI-GLARE, PRIVACY
1 C13-742 KIT, HONEYWELL 1902 SCANNER, FIPS
1 C13-522 READER, SMART CARD, CHERRY USB ST-1044 EXTERNAL
2 35105 Dividers 7-1/2" Wide clear a
1 35070 DIVIDER SET FOR 4"H 600 STORAG
1 35073 DIVIDER SET FOR 8" & 10"H 600
1 HCP-AP00X-2-48 48 Mos Parts Only Elec Ext Warranty - Yr 2 Performance Standards
a) Standard: Substitute or similar equipment approved by Community Living Center Manager AQL: 100% No deviations allowed Deliverables CLIN004 G00i-C-182368 Lionville Medication Carts Assembly
4 Special Requirements
4.1 Security
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE
1. GENERAL
Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
a. A contractor/subcontrator shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.
e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractors employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
3. VA INFORMATION CUSTODIAL LANGUAGE
a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).
b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractors 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 VAs information is returned to the VA or destroyed in accordance with VAs sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state.
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