36C24823Q0644_POST.docx

36C24823Q0644

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24823Q0644 06-11-2023 Keila President 813-970-4942 06-19-2023 3:00 pm

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite 525 Tampa FL 33637 X X 811210 $30 Million

NET 30

N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

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

REQUIREMENT SHALL BE IN ACCORDANCE WITH THE

PERFORMANCE WORK STATEMENT (PWS).

ENTER ALL PRICING IN SECTION B.2, "PRICE/COST SCHEDULE".

SUBMIT ALL QUESTIONS BY EMAIL TO keila.president@va.gov

NO LATER THAN 6/13/2023 @ 3:00 PM EST. THE GOVERNMENT

RESERVES THE RIGHT TO NOT ANSWER QUESTIONS SUBMITTED

AFTER THE DUE DATE.

PLEASE REVIEW AND RESPOND TO EVALUATION FACTORS IN SECTION

E.2 52.212-2, COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

COMPLETE VAAR 852.217-75, VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING-CERTIFICATE OF COMPLIANCE FOR SERVICES

AND CONSTRUCTION UNDER ITEM D.

PLEASE SUBMIT ALL COMPLETED REQUEST FOR QUOTE'S NO LATER

THAN 6/19/2023 @ 3:00 PM EST.

See CONTINUATION Page X X X

ONE

Keila President Contracting Officer Table of Contents

E.2 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)……………………………………………………………………….51

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

CHAMBER OF 11 STEAM AUTOCLAVES - CLEANING SERIVICES.

Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE AT THE HOSPITAL: WEEKLY VISITS JAMES A. HALEY VA MEDICAL CENTER (JAHVAMC).

POP Begin: 07-01-2023 POP End: 06-30-2024

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE: ONCE A MONTH VISIT PRIMARY CARE ANNEX (PCA).

POP Begin: 07-01-2023 POP End: 06-30-2024

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES OFF SITE LAB REPAIR ITEM SERVICES.

POP Begin: 07-01-2023 POP End: 06-30-2024

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

Case Cart Repairs up to 30 per year.

POP Begin: 07-01-2023 POP End: 06-30-2024

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

CHAMBER OF 11 STEAM AUTOCLAVES - CLEANING SERIVICES.

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE AT THE HOSPITAL: WEEKLY VISITS JAMES A. HALEY VA MEDICAL CENTER (JAHVAMC).

POP Begin: 07-01-2024 POP End: 06-30-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE: ONCE A MONTH VISIT PRIMARY CARE ANNEX (PCA).

POP Begin: 07-01-2024 POP End: 06-30-2025

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES OFF SITE LAB REPAIR ITEM SERVICES.

POP Begin: 07-01-2024 POP End: 06-30-2025

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

Case Cart Repairs up to 30 per year.

POP Begin: 07-01-2024 POP End: 06-30-2025

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

CHAMBER OF 11 STEAM AUTOCLAVES - CLEANING SERIVICES.

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE AT THE HOSPITAL: WEEKLY VISITS JAMES A. HALEY VA MEDICAL CENTER (JAHVAMC).

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE: ONCE A MONTH VISIT PRIMARY CARE ANNEX (PCA).

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES OFF SITE LAB REPAIR ITEM SERVICES.

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

Case Cart Repairs up to 30 per year.

POP Begin: 07-01-2025 POP End: 06-30-2026

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

CHAMBER OF 11 STEAM AUTOCLAVES - CLEANING SERIVICES.

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE AT THE HOSPITAL: WEEKLY VISITS JAMES A. HALEY VA MEDICAL CENTER (JAHVAMC).

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE: ONCE A MONTH VISIT PRIMARY CARE ANNEX (PCA).

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES OFF SITE LAB REPAIR ITEM SERVICES.

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

Case Cart Repairs up to 30 per year.

POP Begin: 07-01-2026 POP End: 06-30-2027

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

CHAMBER OF 11 STEAM AUTOCLAVES - CLEANING SERIVICES.

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE AT THE HOSPITAL: WEEKLY VISITS JAMES A. HALEY VA MEDICAL CENTER (JAHVAMC).

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES LOCATED ON-SITE: ONCE A MONTH VISIT PRIMARY CARE ANNEX (PCA).

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

MEDICAL INSTRUMENT REPAIR & MAINTENANCE SERIVICES OFF SITE LAB REPAIR ITEM SERVICES.

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

Case Cart Repairs up to 30 per year.

POP Begin: 07-01-2027 POP End: 06-30-2028

PRODUCT/SERVICE CODE: J066 - Maintenance, Repair, and Rebuilding of Equipment - Instruments and Laboratory Equipment

36C24823Q0644

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT

Background: This Performance Work Statement (PWS) is for a Service Repair contract for surgical, dental, and clinical instrumentation, surgical case cart repair and annual steam autoclave chamber cleaning at James A Haley VA located at 13000 Bruce Downs Blvd. Tampa, FL 33612 as well as the Primary Care Annex located at 13515 Lake Terrace Lane Tampa, FL 33612. There is large inventory of surgical, dental, and clinical instrumentation that requires repair and sharpening due to the wear and tear imposed on them from daily operations. All instrumentation needs to be repaired by trained personnel. The Sterile Processing Service at James A Haley VA is a 24/7 department servicing the facility’s Eleven (11) Operating Rooms, Three (3) Cath Labs and numerous specialty clinic procedure rooms. Sterile Processing at the Primary Care Annex services thirty-three (33) dental treatment rooms. Contractor shall furnish all necessary labor, materials, tools, documentation, and parts required for the repair of the surgical instrumentation. The contractor shall provide Preventive Maintenance and as needed repairs. This will consist of, but not limited to, aligning, calibrating, refurbishing, cleaning, stain removal, polishing, sharpening, oiling, straightening, adjusting, replacing parts, removing adhesive tape. This contract shall cover the base year, plus four (4) one year renewal option years in accordance with all term’s conditions, provisions, schedules, and specifications of this solicitation.

Scope of Work:

· Vendor must be able to provide repairs to surgical hand instruments to include but not limited to the following: scissors, ring handle forceps, ring handle clamps, retractors, tissue forceps, bone instruments, needle holders, microsurgical instrumentation, laparoscopic instruments, insulated instruments, general stainless-steel instruments, dental instruments.

· Vendor must be able to provide repairs to rigid endoscopes.

· Vendor must be able to provide repair to various pneumatic-powered equipment.

· Vendor must be able to provide repair to various video cameras and couplers.

· Vendor must be able to provide repair to phaco handpieces.

· Vendor must be able to provide repair to fiberoptic cables.

· Vendor must be able to pick up emergency repairs within two days of being contacted.

· Vendor must be able to track the quantity of non-conforming instrumentation found in surgical containers and repair bin.

· Vendor must be able to state, on a weekly report all containers that were serviced for the day.

· Vendor must be able to state, on a weekly report, why items were sent out to off site laboratory for repair. This should indicate, tray name, instrument name, manufacturer name, catalog number and serial number when available as well quantity sent out to lab.

Onsite Mobile Repair Laboratory:

· Vendor must have mobile on-site service repair truck/laboratory.

· The mobile laboratory will be at James A Haley VA once a week and at the Primary Care Annex once a month.

· The mobile on-site work shall be performed on weekdays anytime between the hours of 0700-1530 unless given permission to change hours.

· Vendor must be able to service 10 surgical trays per on-site visit for the James A Haley VA main hospital.

· Vendor must be able to service 60 Dental Trays per on-site visit for the Primary Care Annex.

· Vendor must be able to service repair bin items for that week. If they cannot be repaired via the on-site laboratory, they can be sent out for repair to the offsite lab.

· The majority of all work should be accomplished via the mobile on-site repair service.

· The vendor may send complex surgical instrumentation to an offsite laboratory for repair.

· Vendor must provide tracking information for all work completed on mobile on-site laboratory as well all complex instruments that get sent to offsite laboratory.

· Vendor must provide pictures as needed for education and training purposes

· On-site mobile repair services will consist of, but are not limited to, the following:

· Repair, alignment, adjustment, tightening and general renewal

· Sharpening of all scissors, curettes, punches, biopsy forceps and other cutting instruments

· Refurbishment

· Ultrasonic cleaning

· Replacement of work, missing or broke parts

· Satin or mirror finishing and polishing

· Tungsten carbide insert replacement

· Needle Holder re-application, diamond dusting

· Sterilization container Repairs

· Offsite Laboratory Repairs will consist of, but are not limited to, the following:

· Repair, alignment, adjustment, tightening and general renewal

· Sharpening and Refurbishment

· Ultrasonic cleaning and revitalization

· Replacement of worn, missing or broken parts

· Sating or mirror finishing

· Refurbishment of gold plating

· Tungsten Carbide insert replacement

· Electrosurgical re-insulation

· Dipping surgical instrumentation to make insulted

· Repair of various pneumatic powered equipment

· Repair of various video cameras and couplers

· Repair of Phaco Handpieces

· Repair of fiber optic cables

· Repair of rigid endoscopes

· Repair of powered and battery powered instruments Documentation and Inspection:

· Vendor must supply documentation of complete instruments and sets that were serviced for the day.

· Vendor must supply documentation of all instrumentation that has been sent to the offsite laboratory for repair. This will include manufacture, catalog, serial number if available and quantity sent to lab.

· All returned, inspected, and repaired instruments shall be polished and provide detailed list of work completed on repair.

· If an instrument cannot be repaired, instrument must be returned to James A Haley VA with affixed tag declaring why instrument is not able to be repaired.

· Vendor must supply a list of trays serviced (weekly for JAHVA or monthly PCA) on the mobile on-site repair laboratory.

· When service is completed, the vendor shall document services rendered in accordance with the price schedule and track electronically. This electronic tracking document shall be submitted for weekly log of items completed on the mobile onsite laboratory, log of all instruments that get sent out to the lab for repair and any work orders created for offsite repairs.

· Documentation in electronic form must be furnished to the COR for all repairs performed by the vendor on a monthly basis prior to invoicing. Payment will not be certified if proper documentation is not provided and verified by the COR.

Cleaning Chamber of Steam Autoclave:

· Annual chamber cleaning of 11 steam autoclaves at James A Haley VA and Primary Care Annex.

· Vendor will provide service for the chamber cleaning after hours as to not interrupt workflow

· Vendor will provide before and after pictures of autoclave cleaning.

Repair of Surgical Case Carts:

· Vendor will repair up to 30 surgical case per year as needed. James A Haley VA will contact vendor as repairs are needed.

· Case Cart repairs will include, but are not limited to the following:

· Wheel Repair and replacement

· Window repair and replacement

· Window rubber seal repair and replacement

· Door latch repair and replacement Education and Training:

· Vendor will provide staff education based on repair trends and departmental issues with instrumentation.

· Vendor will provide in-service education to Sterile Processing Staff on issues such as cleaning, care, and handling.

PERFORMANCE STANDARDS:

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these standards.

The Performance Requirements are listed below. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

PERFORMANCE STANDARDS REQUIREMENTS SUMMARY MATRIX

Indicators Performance Standards

(Positive &/or Negative)

Negative: May result in adverse CPARS.

Observation by Government designee.

Positive: Acceptable rating in CPARS

Negative: May result in adverse CPARS

Positive: Acceptable rating in CPARS

Negative: May result in adverse CPARS

Negative: May result in adverse CPARS

Observation by Government designee.

Positive: Acceptable rating in CPARS

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. 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.

b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

d. 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.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

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

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

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

SECURITY CONTROLS COMPLIANCE TESTING:

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

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

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

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this PWS.

All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions, so they are in compliance with James A. Haley Veterans’ Hospital policies listed on the JAHMC Document Management Center share point site:

HPM NO. 90-25; HEALTHCARE VENDOR ACCESS AND COMPETENCY

HPM NO. 132-04; SECURITY MANAGEMENT PROGRAM

HPM NO. 13205; HOSPITAL IDENTIFICATION PROGRAM

HPM NO. 11-91; PHARMACEUTICAL COMPANY REPRESENTATIVES

HIR are required to report to MSDU (Room GC-003), immediately after entering the facility. HIR will be required to sign into the monitoring system and print a badge for proper identification. . The Healthcare Industry Representatives for Nutrition and Food Services, Office of Information and Technology, and Social Work Services are in included in this policy; vendors (HIR) for Pharmacy Services are to follow (HPM 11-91) policy. HIR must be sponsored by a physician, a Service Chief, or their designee, for a specified date and a specified case. HIR are not permitted in patient care areas or clinics unless a prior appointment has been made.

Pharmaceutical Company Representative (PCR) refers to anyone acting on behalf of a pharmaceutical company or its business partners for the purpose of promoting the use of items managed under the VA formulary process. These items primarily include drugs, but to a lesser extent also include any medical supplies, nutritional supplements, and similar commodities managed under the VA formulary process.

a. Sign-In: PCRs may visit VA Medical care facilities no earlier than 8:00 a.m. and stay no later than 3:30 p.m., Monday through Friday, unless they receive prior approval from both the Chief of the Service that they will be visiting and the Chief of Pharmacy. Representatives visiting the JAHVH must sign in at the Pharmacy Administrative Office (Located in Trailer 78) and wear a visitor’s badge as well as their company’s personal name badge while in the hospital.

Vendors: Reference Hospital Memorandum Policy Number 90-25 Healthcare Vendor Access and Competency.

Contractors and/or project managers: Will be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors will contact their assigned VA Contracting Officer Representative (COR) for coordination.

Contract Personnel/Sub-Contractors: Contractors are responsible for the daily accountability and identification of all personnel assigned to their respective contract including sub-contractors. Contractors will identify personnel using the following procedures as appropriate.

Construction Project contract personnel will report to the contractor for issuance of a temporary self-adhesive identification badge. This badge will be issued on a daily basis and must include the following information: Company name, project number, date and name of individual. Contractor will maintain a daily log of all personnel.

Contract personnel not involved in an actual construction project will report to police dispatch for issuance of a numbered badge. A driver’s license or photo ID will be required each day upon entering the facility, in exchange for the badge, and will be given back once the badge is returned to police dispatch. The contractor will provide Police Service with a list of names for all sub-contract personnel requiring access to the facility. It is the responsibility of the contractor to update the list as necessary.

NPR OPC; CBOCs and Off-site Lease facilities with VA Police staffing: As above with check-in with VA Police.

Off-site Lease facilities w/o VA Police staffing: Coordinate with COR, Administrative Officer, or Service Point of Contact.

NARA Records Management Language for Contracts

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. James A Haley Veterans’ Hospital and Clinics and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of James A. Haley Veterans’ Hospital and Clinics or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to James A. Haley Veterans’ Hospital and Clinics. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to James A. Haley Veterans’ Hospital and Clinics control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and James A. Haley Veterans’ Hospital and Clinics guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and Clinics information that are not specifically tied to or authorized by the contract.

9. The 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 from public disclosure by an exemption to the Freedom of Information Act.

10. The James A. Haley Veterans’ Hospital and Clinics owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which James A Haley Veterans’ Hospital and Clinics shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #4192704, Records Management for Everyone. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

12. Flow down of requirements to Subcontractors.

a. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

b. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

See attached document: Container Inventory List from Censitrac.

B.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

B.5 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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

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 subcontractor's 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/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures 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. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by…