36C24822Q0461_1.docx

36C24822Q0461

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

675-22-1-2222-0002 36C24822Q0461 02-01-2022 Rohan McKenzie 407-646-4272 02-28-2022 16:00

EST

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827 X X 541690 $16.5 Million N/A X Department of Veterans Affairs Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

(877) 353-9791

(512) 460-5429 See CONTINUATION Page

a. Advisory and Assistance Services for Radiology Safety Consulting

b. Period of Performances Base Period: 04/01/2022 - 03/31/2023

c. Contractors shall read FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS at Section E, in it's entirety for site visit information, prior to submitting questions for clarification and submitting your quote.

See CONTINUATION Page X X Rohan McKenzie Table of Contents

SECTION A – SOLICITATION/CONTRACT/ORDER FORM……………………………………….1

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:

Person administering contract for the Contractor

Address

City-State-Zip

Phone Number

Fax Number

Email Address

DUNS #

Federal Tax I.D. #

b. GOVERNMENT: Contracting Officer, 36C248, Rohan McKenzie Network Contracting Office 8 (NCO8) Department of Veterans Affairs Orlando VA Healthcare Systems 13800 Veterans Way Orlando, FL 32827-7403

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 Financial Services Office (FSC) PO Box 149971 Austin, TX 78714-9971 A

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

6. CONTRACT ADMINISTRATION: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

0.00

The Contractor shall provide Advisory and Assistance Services for Radiology Safety Consulting for the Orlando VA Healthcare System (OVAHCS), Located at 13800 Veterans Way, Orlando, FL 32827 Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services PRODUCT/SERVICE CODE: R408 - Support - Professional: Program Management/Support

0001AA

Review and optimize patient safety screening form, safety work-up process IAW paragraph 7.1.1. of the Performance Work Statement (PWS).

POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services

Shall be completed within one (1) Month.

0001AB

Perform one-time service to review current design and layout of the existing MRI suite and one additional space for compliance with industry standards and IAW paragraph 7.1.2. of the Performance Work Statement (PWS)

POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services

Shall be completed within four (4) Months.

0001AC

Review existing MR safety policy procedures and SOPs for compliance with industry best practice standards and IAW paragraph 7.1.3. of the Performance Work Statement (PWS).

POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services

0001AD

Monthly MRSO training IAW paragraph 7.1.4. of the Performance Work Statement (PWS).

POP Begin: 04-01-2022 POP End: 03-31-2023

0001AE

Provide advisory and assistance services on a quarterly basis to enhance and improve MR safety meeting IAW paragraph 7.1.5. of the Performance Work Statement (PWS).

POP Begin: 04-01-2022 POP End: 03-31-2023

0001AF

Conduct safety risk assessment of the entire MRI suite and provide feedback and corrective actions IAW paragraph 7.1.6. of the Performance Work Statement (PWS).

POP Begin: 04-01-2022 POP End: 03-31-2023 PRINCIPAL NAICS CODE: 541690 - Other Scientific and Technical Consulting Services

0001AG

Provide an overall report to the COR at the end of the performance period IAW paragraph 7.1.7. of the Performance Work Statement (PWS).

POP Begin: 04-01-2022 POP End: 03-31-2023

B.3 PERFORMANCE WORK STATEMENT (PWS)

Advisory and Assistance Services for Radiology Safety Consulting 13800 Veterans Way Orlando, FL 32827

1. Introduction:

1.1.1. This is a non-personal service contract to provide Advisory and Assistance Services (A&AS) for Radiation Safety. The Magnetic Resonance Imagining (MRI) safety environment may present a risk or injury to patients, visitors, trainees, and employees. Injuries may be avoided by safety training and strict adherence to safety procedures. The Government shall not exercise any supervision or control over the contractor service provider performing the services herein. Such service provider shall be accountable solely to the contractor who, in turn is responsible to the government.

2. Description of Services:

2.1.1. The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, and supervision to perform an overall assessment of OVAHCS existing MRI safety program. The contractor shall furnish professional advice and assistance to improve the MRI safety program. The contractor shall have an in depth level of understanding the physics underlying various Magnetic Resonance (MR) safety issues and is expected to provide advance guidance, calculations and quantification regarding matters pertaining to MR safety in accordance with the American College of Radiology (ACR). The government will provide all applicable MRI safety policies, protocols, Standard Operation Procedures (SOP), room drawing and layouts.

3. Objectives:

3.1.1. Review and optimize patient safety screening form and the safety work-up process for all MRI orders

3.1.2. Review MR suite design and layout for efficiency and future possible expansion.

3.1.3. Review existing MR safety policies, procedures, and Standard SOP for compliance.

3.1.4. Provide MRSO training for all MRI Technologists and Radiologists (approximately 20 staff).

3.1.5. Provide advisory and assistance services on a quarterly basis to enhance and improve MR safety meeting conducted by the MR safety committee.

3.1.6. Conduct a program assessment/review and recommendation as required.

4. Place of Performance:

4.1.1. The work to be performed under this contract will be performed at the OVAHCS, 13800 Veterans Way, Radiology Services, Orlando FL 32827.

5. Period of Performance:

5.1.1. The period of performance shall be for one (1) Base Period of 12 months.

6. Type of Contract:

6.1.1. This is a Firm Fixed-Price type contract.

7. Tasks:

7.1.1. The contractor shall review and optimize patient safety screening form, safety work-up process for all MRI orders, patient flow and staff assignments for maximum efficiency. This task shall be completed within one (1) month after contract award.

7.1.2. The contractor shall perform a one-time service to review current design and layout of the two (2) existing MRI suite for compliance with industry standards. Provide feedback if any on how to best optimize the space to ensure optimal safety for patients and staff. The space of the Two (2) MRI suites are 635 square feet each and is located at the Lake Nona facility, room numbers 1E202 and 1E206. Review and evaluate adjacent spaces for possible growth and physical expansion of the service. The space for possible growth is 1000 square feet and is located at the Lake Nona facility parking lot adjacent to the existing MRI area. This task shall be completed within four (4) months after contract award.

7.1.3. The contractor shall review existing MR safety policy procedures and SOPs for compliance with industry best practice standards. The COR shall provide a copy of the MR safety policy procedures and SOP within five (5) business days after contract award to the contractor. The contractor shall provide a best practice standard report within four (4) months after receipt of the MR safety policy procedures and SOP.

7.1.4. The contractor shall provide monthly MRSO training to Technologists and Radiologists (approximately 20 staff). The contractor shall provide a copy of the training curriculum to the COR to review prior to scheduling each training. Contractor shall provide an attendance sheet to the COR within two (2) business days after each training.

7.1.5. The contractor shall provide advisory and assistance on a quarterly basis to enhance and improve quarterly MRI safety meeting conducted by the MR safety committee.

7.1.6. The contractor shall conduct safety risk assessment of the entire MRI suite and provide feedback and corrective actions as required per The Joint Commission (TJC) and the American College of Radiology (ACR) standards. This task shall be completed within four (4) months after contract award.

7.1.7. The contractor shall provide an overall report to the COR at the end of the performance period of all actions taken in performing tasks at paragraphs 7.1.1. through sections 7.1.6. The report is due to the COR within the last month of the period of performance.

8. Special Qualifications:

8.1.1. Key Personnel. The contractor shall provide qualified personnel that will be essential to work performance throughout the contract. The contractor shall be in compliance IAW Section C. VAAR Clause 852.237-75 throughout the performance of this contract.

8.1.2. Key personnel must possess and maintain a MRSO and MRSE certification throughout the performance of this contract.

9. Government Recognized Holidays:

9.1.1. The contactor shall not perform work on federal holidays, or when the government facility closes to closes due to local or national emergencies, administrative changes, or similar government directed facility closings. Government shutdowns occur when the government refuses passage of key bills resulting in the cession of some or all operations by the government. If the Department of Veteran of Affairs is affected by a government shutdown during the period of performance, the contractor shall not provide services or submit claims against the government during and after the shutdown. Recognized federal holidays are listed in table 1.

9.1.2. Table 1.

Juneteenth National Independence Day

IIndeIndependence Day

10. Hours of Operation:

10.1.1. The contractor is responsible for conducting business between the hours of 8:00 am to 4:30 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined herein. The contractor shall not invoice for workday(s) when a no show of the contractor employee is documented by the COR to the contractor via an email.

11. VHA Supplemental Contract Requirements for Combatting COVID-19:

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

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

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

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

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

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

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

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

11.1.9. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

12. Definitions:

12.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

12.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

12.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. The COR does NOT have authority to change the terms and conditions of the contract.

12.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

12.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

12.1.6. INVOICE/PROPER INVOICE. A contractor’s bill or written request for payment under the contract for services performed. An invoice that meets the minimum standards specified in the Federal Acquisition Regulation (FAR) 32.905(b).

12.1.7. MAGNETIC RESONANCE. A characteristics of the powerful magnet that can be associated with the environment, equipment, and/or personnel.

12.1.8. MAGNETIC RESONANCE IMAGING. A technique to visualize internal organs that employs a powerful magnetic field as well as radiofrequency electromagnetic fields.

12.1.9. PHYSICAL SECURITY. Action that prevent the loss or damage of Government property.

12.1.10. PERFORMANCE REQUIREMENT SUMMARY. performance indicator that is used to measure the acceptable quality levels that must be met.

12.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

12.1.12. WORKDAY. The number of hours per day the contractor provides services in accordance with the contract.

12.1.13. WORK WEEK. Monday through Friday, the total number of days worked in a week

13. Acronyms:

13.1.1. ACR American College of Radiology

13.1.2. CO Contracting Officer

13.1.3. COR Contracting Officer Representative

13.1.4. PRS Performance Requirements Summary

13.1.5. PWS Performance Work Statement

13.1.6. QCP Quality Control Plan

13.1.7. MR Magnetic Resonance

13.1.12. MRSO Magnetic Resonance Safety Officer

13.1.13. TJC The Joint Commission

14. Quality Control Plan (QCP):

14.1.1. The contractor’s QCP is the means by which the contractor assures that the work complies with the requirement of the contract. The contractor shall develop and maintain an effective QCP to ensure services are performed in accordance herein. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contactor shall provide a QCP to the COR within one (1) month after the contract award date. The QCP shall contain; a start and completion timeline for tasks in paragraph 7 herein. After review and proposed changes, the COR will accept the contractor’s QCP.

15. Deliverables:

15.1.1. The below are the minimum deliverables, the contractor is encouraged to outline additional and/or more specific deliverables that align with the proposed approach. The contractor shall provide the deliverables in table 2 within the due time frame. If the deliverables cannot be met within the due time frame, the contractor shall communicate with the COR for an alternative deliverable due time frame.

15.1.2. Table 2.

7.1.3.

The contractor shall provide a best practice standard report.

Within four (4) months after receipt of the MR safety policy procedures and SOP.

16. Physical Security:

16.1.1. The contractor shall be responsible for safeguarding all government equipment and information. At the close of each workday, government facilities, equipment, and materials shall be secured.

17. Post Award Conference/Periodic Progress Meetings:

17.1.1. The contractor agrees to attend any post award conference convened by the CO in accordance With the FAR Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO/COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve any outstanding issues. These meetings shall be at no additional cost to the government.

18. Contracting Officer Representative (COR):

18.1.1. The COR will be identified by a delegation memorandum issued by the CO. The COR monitors all technical aspects of the contract and assists in contract administration. The following functions is not all inclusive of the COR authorization listed in the COR delegation memorandum: Maintain written and oral communications with the contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, monitor contractor's performance and notifies both the CO and contractor of any deficiencies and provide site entry of contractor’s personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes price, deliverables, or changes to the PWS. The COR is not authorized to change any of the terms and conditions of the resulting contract.

19. Identification of Contractor’s Personnel:

19.1.1. The contractor’s personnel on-site, attending meetings where situations is not obvious to third parties as government contractors shall identify him/herself as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor shall wear an ID badge while working in the facility.

20. Data Rights:

20.1.1. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

21. Record Management Language for Contracts (NARA):

21.1.1. The following standard items relate to records generated in executing the Contract and should be included in a typical Electronic Information Systems (EIS) procurement contract.

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

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

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

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

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

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

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

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

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

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

22. Proper Invoicing:

22.1.1.1 The contractor shall adhere to Federal Acquisition Regulation (FAR) 32.905 (b) for proper invoicing.

23. Performance Requirement Summary (PRS):

23.1.1.1 The PRS is a performance indicator that is used to measure the acceptable quality levels that must be met, who is going to check the measurements, and how these measures will define the success of our program. The below performance standards will be measured accordingly:

23.1.1.1 Table 3.

Negative CPARS

of the two (2) existing MRI suite for compliance with industry standards

Negative CPARS

Negative CPARS

Negative CPARS

Negative CPARS

Negative CPARS

Negative CPARS

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.232-40 PROVIDING ACCELERATED PAYMENTS to SMALL BUSINESS SUBCONTRACTORS.

As prescribed in 32.009-2, insert the following clause: PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(DEVIATION AUG 2020).

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of Clause)

C.2 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: American College of Radiology as to Magnetic Resonance Safety.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the standards and meet the contract requirement. Proof may also be furnished by the organization listed above certifying that the item(s) furnished have been tested in accordance with and conform to the specified standards.

(c) Offerors may obtain the standards cited in this provision by submitting a request, including the solicitation number, title and number of the publication to: American College of Radiology info@acr.org

(d) The offeror shall contact the Contracting Officer if response is not received within two weeks of the request.

(End of Clause) C.3 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR Part 52.219-6 Notice of Total Small Business Set-Aside..

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.4 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.215-70 Service-disabled veteran-owned and veteran-owned small business evaluation factors. Accordingly, any contract resulting from this solicitation will include the clause 852.215-71 Evaluation factor commitments.

(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor compliance with the subcontracting commitments.

(End of Clause)

C.5 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause) C.6 VAAR 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.

[Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] (End of Provision) (End of Addendum to 52.212-1) C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[X] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[X] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.8 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)

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 (JUN 2020), 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 (JUN 2020) (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 (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved] [X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (JUN 2020) of 52.219–9.

[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (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 (MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole…