36C24824Q0757 02.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. 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

36C24824Q0757 06-06-2024

Darrin Alexander 407 491-9950 06-19-2024

13:00 EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

X 100

X

Y

334510

1250 Employees

N/A

X

36C672

Department of Veterans Affairs VA Caribbean Healthcare System 10 Casia Street

(SEE BLOCK 20)

San Juan, PR 00921

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

Solicitation for Mobile MRI Puerto Rico.

SEE SECTION B.2 to quote items.

SEE SECTION C.5 for Delivery Instructions.

See CONTINUATION Page

X X

X 1

36C24824Q0757

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.4 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION

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

a. CONTRACTOR:

POINT OF CONTACT:

PHONE NUMBER:

E-MAIL ADDRESS:

EUI #:

TAX ID (TIN) #:

b. GOVERNMENT: Darrin Alexander, Contract Specialist (E): darrin.alexander2@va.gov

Jessica Kiser, Contracting Officer (E): jessica.kiser@va.gov

Network Contracting Office 8 (NCO 8) Orlando – Services Team 13800 Veterans Way Lakemont Bldg., Room 101 Orlando, FL 32827-7403

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

[X] 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (JUL 2013)

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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.

5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION INSTRUCTIONS: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

a. Vendor Electronic Invoice Submission Methods:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

(1) VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

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

b. Vendor e-invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

Tungsten e-Invoice Setup Information: 1-877-489-6135

(1) Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

(2) FSC e-Invoice Contact Information: 1-877-353-9791

(3) FSC e-invoice email: vafsccshd@va.gov

(4) See https://www.fsc.va.gov/einvoice.asp for more information.

6. ACKNOWLEDGMENT OF AMENDMENT: The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows:

AMENDMENT NO DATE

7. 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

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

LEASE; MOBILE MRI 1.5T - 8.5' x 48' x 13.5'

PRINCIPAL NAICS CODE: 334510 - Electromedical and Electrotherapeutic Apparatus Manufacturing PRODUCT/SERVICE CODE: 6525 – Imaging Equipment and Supplies- Medical, Dental, and Veterinary

MANUFACTURER PART NUMBER (MPN): ORIAN-SP.000

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

Mobile MRI Services

VA Caribbean Medical Center (VACMC): San Juan, Puerto Rico

1.0 INTRODUCTION:

The VA Caribbean Healthcare System 10 Casia Street, San Juan Puerto Rico has a requirement for a firm fixed-price contract, onsite lease of a Mobile Magnetic Resonance Imaging (MRI) unit for the VA Caribbean Medical Center (VACMC). This requirement is for a period of months (12) months.

2.0 BACKGROUND:

The VA Caribbean Medical Center has a requirement for a Mobile MRI Unit as a temporary solution to provide radiology diagnostic imaging services to the medical center. The MRI unit consist of a mobile trailer unit, transportation, mobilization, training, full-service maintenance repairs, replacement parts, and technical support 12 hours-a-day, 5 days-a-week in accordance with the specifications incorporated herein.

3.0 OBJECTIVES:

The contractor shall provide a Mobile MRI Unit, one Cannon 1.5T Vantage Orian SP with software, includes delivery, pickup, commission, decommission, testing, and training will be provided to VACMC personnel.

The Contractor shall provide specifications as outlined in the Statement of Work. The Contractor shall schedule with VACMC facility a site visit by contractor to identify where the MRI will be placed.

4.0 PERIOD OF PERFORMANCE

The period of performance shall be for a period of months (12) months.

5.0 SCOPE:

a. Contractor shall provide a Cannon 1.5T Vantage Orian SP Mobile MRI and service in accordance with the specifications. The Contractor shall be responsible for setup commissioning, decommissioning, removal, and transportation of the Mobile MRI unit to and from the VA Hospital facility.

b. The Contractor shall furnish all labor, material, and transportation for the verification of site suitability for the designated location.

c. The unit shall be able to perform all procedures as identified including specialized cardiac MRI in accordance with the manufacture’s specifications throughout the term of the lease.

6.0 SERVICES:

6.1 During the term of the service contract, the Contractor shall be required to provide the following services “change to equipment” as specified below:

a. The Contractor shall provide an MRI system and should be available 24 hours a day seven days per week to include holidays at the VA Caribbean Medical Facility.

b. The Contractor shall provide full service and maintenance on the complete MRI unit in accordance with manufacturing recommendation. The Contractor shall provide a complete and thorough maintenance inspection of the MRI quench pipe annually.

c. The Contractor provided MRI System shall be capable of transferring images and data to multiple modalities including the VAMC PACs, VISTA Imaging, and printers.

d. The MRI System shall have the capability for location to shall have different IP addresses, subnet masks, VPN’s, etc. OEM Engineer shall establish network and printer connectivity at each site in coordination with local Biomed and IT staff. (PACS connection will result in successful transmission of all acquired MRI images from the trailer to the VA PACS system. The VA will provide a DICOM connection to the network and appropriate IP addresses).

Note: Verification of connectivity shall be made by Contractors prior to the start of patient procedures immediately following the award of this solicitation.

6.2 EQUIPMENT CONFIGURATIONS/FUNCTIONS:

The MRI system shall meet salient characteristics/specifications and/or functions as stated below:

6.2.1 Equipment Features and Configurations:

a. Canon 1.5T MRI Vantage Orian Mobile System or newer system. shielded magnet with fringe field held entirely within the trailer.

b. Require gradient field strength map at mouth of bore documenting gradient fall-off.

c. MRI Unit Specification

i. Magnetic field strength [T] 1.5

ii. Minimum bore width [cm] 70cm

iii. Minimum bore depth [cm] 1.62m

iv. Minimum field of view [cm] 55cm

v. Minimum slew rate [T/m/s] 200

vi. Minimum number of channels 16

d. One attached table with a minimum load of 500lb capacity: motorized, adjustable height when table is attached and detached. Tabletop integrated coil design and port.

e. No less than 48 channel system

f. Required coils are: Torso, knee, shoulder, “receive only” head/neck/spine, neuro vascular, run/off, foot/ankle, wrist, elbow, cardiac, breast, prostate imaging, carotid, periphery vascular, extremity/flexible, transmit/receive, adjustable neurovascular head, whole body imaging, contour 48 channel. Neuro Suite, Angio Suite, Body Suite, Onco Suite and Ortho Suite

g. The system shall have the capability to perform the following procedures: MRI Brain, MRI Orbits, MRI IAC, MRI Pituitary gland, MRI Brain Perfusion, MRI Brain Seizure, MRI Face, MRI Sinus, MRI TMJ, MRA Brain, MRV Brain, MRI Soft tissue neck, MRA neck, MRV neck, MRI Brachial Plexus, MRI Clavicle, MRI Sternoclavicular joint, MRI Rib, MRI Scapula, MRI Pectoralis, MRI Breast, MRI Chest, MRI Cardiac, MRI Perfusion Cardiac, MRA Coronary arteries, MRA Chest, MRV Chest, MRI Abdomen, MRA Abdomen, MRE Abdomen, MRV Abdomen, MRI MRCP, MRI Female Pelvis, MRI Male Pelvis, MRI Prostate, MRI Rectum, MRI Anal Canal, MRA Pelvis, MRV Pelvis, MRI Shoulder, MRI Arthrogram Shoulder, MRI Humerus, MRI Elbow, MRI Arthrogram Elbow, MRI Forearm, MRI Wrist, MRI Arthrogram Wrist, MRI Hand, MRI Finger, MRI Hip, MRI Arthrogram Hip, MRI Femur, MRI Knee, MRI Arthrogram Knee, MRI Calf, MRI Ankle, MRI Arthrogram Ankle, MRI Foot, MRI Toe, Specialized Cardiac MRI.

h. The system shall provide a comprehensive imaging and workflow application system that gives physicians the tools to guide them through various assessments. These workflows shall include Neurology, Cardiology, Angiography, Body Imaging, Oncology, Orthopedics, Prostate MRI and Breast MRI

i. Medrad Spectra Solaris Injector (MRI-compatible injector).

j. Universal Power Supply maintain the full functionality of the MRI and Heating Ventilation and Air Condition System for minimum of 30 minutes during power outage.

k. MRI safe wheelchair lift with a capacity to lift-up to 500 lbs. or more to be included.

The 48-60 foot long, 8.5 foot wide, mobile MRI unit trailer configuration shall be equipped as specified below:

(a) Must be zoned as MRI Zone 2 through 4 with secure accessing between each zone.

Air Ride Air Brake Unit with stabilizers system, lighting system, Alarm system, HVAC system, canopy, side access door, separate service door, built-in storage unit, external stair assembly with rails (retractable), freshwater connections/supply and storage, wastewater connection/disposal, Emergency/warning lighting, Fire suppression system, Fire detections system, pull station, power backup system, power supply system, manual shutdown, humidifier system, 120/108v AC, 480v AC system, Facility power connection, Grounding protection. Hardware (accessories).

(b) Large entry door, removable entry stairs, and a patient platform powered lift for easy access to trailer. Both points of entry shall enter into MRI Zone 2. The patient lift capacity shall be 2,000 pounds, gated with safety guardrails and 75 to 90 inches wide.

(c) Two Patient capacity partitioned? dressing rooms in Zone 2: curtain, multiple area adjustable lighting, and lockable storage cabinets.

(d) At minimum one patient bathroom in Zone 2, must be ADA compliant.

Ferromagnetic detector (single pillar) in Zone 2.

(f) Injection and Control room in Zone 3: storage cabinets, control room desk.

(g) Ferromagnetic detector (double pillar) in Zone 3.

(h) Five-gauss exclusion zone in magnet room (Zone 4).

(i) Include MRI Coil cabinetry in Zone 4.

(k) On board generator, heating, air conditioning and humidity control systems.

Generator unit must be equipped with Air Pollution Control District in accordance with all local and state requirements.

(l) Telephone and data interface to connect with VA Medical Center telephone and IT/PACS Systems.

(m) MRI safe patient monitoring (camera) set up.

(n) Electrical Power source shall be 480V, 3-phase at 150 amps, 60Hz, WYE along with a 50-foot cable with a male connector.

(o) One MRI Safe Wheelchair

(p) Hydraulic Handicapped Lift capable of accommodating a bariatric patient on a gurney and lays flush to ground at its lowest position.

(q) Code Blue button

(r) Wave guide pass through in scan room wall

(s) Max Dimensions of each individual trailer are 12 feet by 60 foot long.

(t) Latest DICOM print, store, commit and modality worklist.

(u) Encrypted hard drive.

(v) PACS compatibility

FOOTPRINT: (Max Dimensions of each individual Trailer are 8.5-foot-wide x 48-60 foot long x 13.5 (foot high).

7.0 Delivery and Set-Up:

Contractor shall coordinate with the Point of Contact for delivery, removal, set-up, connecting, disconnecting, and test unit on cement pad provided by the VA Caribbean Healthcare System located at 10 Casia Street San Juan Puerto Rico, PR 00921. The Contractor shall supply, provide, and install length electrical & data cables. The cables provided shall reach VA connections on the outside of the building and will be compatible with VA current power/data/phone connectors.

8.0 LOCATION OF EQUIPMENT:

Contractor shall park the trailer equipped with the MRI system at the designated parking area at the pad to be installed outside of the Nuclear Medicine clinic at the VA Caribbean Healthcare System located at 10 Casia Street San Juan Puerto Rico, PR 00921. Contractor shall contact the VACMC POC and building owner/representative for parking assignment information prior to parking the mobile MRI trailer.

9.0 DELIVERY SCHEDULE:

The Contractor Shall provide delivery, setup and pickup of the Mobile MRI unit to the designated parking area located at the VA Caribbean Healthcare System 10 Casia Street San Juan Puerto Rico, PR 00921. within Two Hundred Forty (240) days calendar days at the clinic shall be completed by 5:00 p.m. from contract award date. Delivery and set up schedules shall be coordinated with the Point of Contact (POC). The mobile MRI unit shall remain on VACMC premises at all times during the contract period unless a request is made in writing to the Contractor to relocate and/or move the mobile MRI unit. The Contractor shall be responsible for providing the first relocation and/or move request of the unit at No Cost to the Government. The cost associated with any subsequent requests shall be the accomplished via contract modification by the Government.

10.0 INSTALLATION STANDARDS:

Contractor shall be required to set up and install the mobile MRI unit including the system equipment, utilities, and all wiring in a safe and reliable manner in accordance with manufacturer’s specification for operation, and in conformance with local, state and federal regulations.

11.0 SAFETY AND FIRE PREVENTION:

Contractor shall perform work safely to protect the lives and health of the occupants of the Outpatient Clinic. The Contractor shall comply with all applicable Federal, State, and local safety and fire regulations and codes, which are in effect during the performance period of the contract. Contractor personnel shall follow applicable facility policies concerning fire/disaster programs.

When conducting any installation, maintenance or repairs, the Contractor shall display appropriate warning devices and informational signs in all areas where operations may cause a traffic obstruction and/or personnel hazard. Fire and safety deficiencies which result by the Contractor’s equipment or personnel shall be immediately corrected.

12.0 TRAINING:

The Contract shall perform training on-site and provide an opportunity for the VA Caribbean Medical Center staff to confirm scanning processes and procedures and confirm connectivity.

The Contract shall a minimum of four (4) radiology technicians onsite on the unit during the pre-launch performance period.

13.0 INSTRUCTIONAL/OPERATORAL MANUALS:

Contractor shall provide two (2) copies of the instructional/operator manuals and two (2) copies of the service manuals to the Government at no additional cost. Digital copies are acceptable.

14.0 ACCESS TO EQUIPMENT:

The Government shall permit and provide access to Contractor’s representatives to enter the VA Caribbean Medical facility to install, inspect, repair or prepare for the removal of equipment.

Contractors and their representatives are expected to check in with the Biomedical Engineering department prior to starting work on any equipment. All preventive maintenance and/or repairs shall be conducted during normal business hours unless otherwise coordinated with the Contracting Officer or the designated POC from the VA facility.

15.0 MAINTENANCE AND REPAIR:

Contractor shall provide a telephone number for technical and service support to include service calls, technical assistance, maintenance and repairs. These services shall be provided at no additional cost to the Government and shall be available 12 hours-a-day, Monday through Friday by telephone. The Contractor shall be required to begin on-site emergency service repairs within 24 hours and non-emergency service within a 48 hour window after receiving such notification from the Government. If the request is made on a Saturday, Contractors shall be required to begin service repairs no later than Monday morning. The Contractor shall notify the Contracting Officer or the designated POC, when an emergency request for service or repair shall not be completed or resolved to Government satisfaction within 24 hours of receiving such request or notice. Requests for telephone support, if due to technical problems, require a response time of two (2) hours from receipt of initial call. All parts and labor necessary to repair or replace any unsafe, worn, malfunction or defective equipment shall be furnished by the Contractor at no additional cost to the Government.

Travel expenses incurred for maintenance and/or repairs shall not be reimbursed since the price quoted on the schedule shall be all inclusive.

The Contractor shall provide (upon award within 10 days), in the space below, the name, location and telephone number of the office where service calls are to be placed:

Name:

Address:

Telephone No. Fax

Number:

Contractor shall have fluent English speaking on site when the VA staff requires any assistance with the Contractor equipment that cannot be handled by phone.

16.0 CONTRACTOR POINT OF CONTACT:

Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for Contractor on all matters relating to the daily performance of this contract. The POC may be a contract personnel performing under this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer in writing those times when the alternate shall act as the POC.

The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate upon contract award.

Point of Contact, Name: ______

Telephone Number:

Email: ____________________

Alternate Point of Contact, Name:

Telephone Number:

Email: ____________________

The POC shall be available by telephone Monday thru Friday, between 8:00 a.m. to 4:30 p.m.

excluding national holidays.

The parties agree that the contractor’s personnel including POC and subcontractors performing under this contract shall not be considered VA employees for any purpose. They all shall be considered employees of the contractor.

17.0 QUALITY ASSURANCE:

The Contractor shall be responsible for complying with all appropriate regulations and guidelines of the Joint Commission (JC), OSHA, and/or any other pertinent federal, state, and local policies relating to the herein mentioned work or service.

The Contractor shall ensure the equipment is maintained in accordance with the manufacture’s specified operating condition of performance. The Contractor shall replace worn or defective parts as required to maintain all equipment manufacture’s specification.

All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement of government-owned furnishings, fixtures, equipment, and facilities. The Contractor shall report any damage observed or caused by the Contractor personnel to the POC.

If determined to be at fault, the Contractor shall be responsible for repairs or replacement of government-owned items or facilities to previous condition.

18.0 POINT OF CONTACT (POC):

Only the Contracting Officer has the authority sign this contract or to change the terms and conditions of this contract. The Contractor shall not accept any instructions issued in writing by any other person(s) other than the Contracting Officer. The POC is the designate government representative or person identified to receive, report, and coordinate with and between the Contracting Officer and the Contractor acting within the limits of his/her authority, if so delegated.

19.0 GENERAL INFORMATION

20.0 NORMAL WORKING HOURS:

Normal working hours are defined as 8:00 a.m. to 5:00 pm local Eastern Standard Time, Monday through Friday, excluding National Holidays.

21.0 NATIONAL HOLIDAYS:

Listed below are the eleven national holidays:

New Year’s Day January 1 Martin Luther King ‘s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

22.0 PARKING POLICY:

Parking information is available from the VA Police. It is the responsibility of Contractor personnel to park only in designated parking areas. The VA shall not invalidate or make reimbursement for parking violations of the Contractor's personnel under any circumstances.

23.0 SMOKING POLICY:

Smoking is not permitted within or around VA Medical facilities, except in designated areas.

24.0 HIPPA/SECURITY

Employee Identification Badges: Contractor personnel shall wear VA provided dentification badges at all times while on VA property and shall return the identification badges to the COR, or his/her designee, at the end of each service period.

25.0 ADMINISTRATION

25.1 INVOICE REQUIREMENT:

See Page 3, Number 5 Tungsten Instructions.

25.2 POST-AWARD PERFORMANCE CONFERENCE:

The Contracting Officer shall schedule a post-award performance conference with the

Contractor, if deemed necessary, for contract orientation purposes.

The contract shall be subject to the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Privacy Act of 1974. The contractor shall comply with all VA security policies and applicable confidentiality statutes, including 38 USC 5701, 38 USC 5705, 38 USC 7332, 5 USC 552a (Privacy Act), as well as 45 CFR Parts 160,162 and 164 (Health Insurance Portability and Accountability Act). Federal Acquisition Regulations 52.224-1 Privacy Act Notification and 52.224-2 Privacy Act are provided in full text in the Addendum to FAR clause 52.212-4. The Contractor is not authorized to release any medical record information. The VA is the sole entity authorized to release this information upon written request from the patient.

All hard drives that contain protected information will become the property of VA at the conclusion of the contract.

26.0 CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

Contractor shall be required to provide copies of the following:

a. The Contractor shall be required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5- Insurance and Subpart 28.307-2-Liability.

b. Prior to contract award, the Contractor shall furnish to the Contracting Officer certification from the insurance company indicating that the coverage has been obtained and that it shall not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished at least 30 days prior to the expiration date of the current insurance policy.

c. In accordance with “FAR 28.307-2(c) the Contractor shall maintain automobile liability insurance for bodily injury and property damage on all vehicles used in the performance of this contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and$500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

27.0 CONTRACT SECURITY – VA INFORMATION AND INFORMATION SYSTEM

SECURITY/PRIVACY LANGUAGE

27.1 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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. 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.

c. 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.

d. 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.

27.1.1 Contractor Personnel Security Requirements:

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract the contractor will be responsible for the actions of those individuals that provide or perform work for the VA.

a. Position Sensitivity – The position sensitivity has been designated as (low) risk.

b. Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check (NACI) with written inquiries.

c. Contractor Responsibilities

d. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse the VA within 30 days.

The web site which provides information on the cost of the security investigation is:

www.opm.gov\extra\investigate – Select Federal Investigations Notices (FIN 01-01)

e. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak, and understand the English language.

f. The contractor will provide to the Contracting Officer prior to award the following: (1) List of names of contract personnel. (2) Social security numbers of contractor personnel. (3) Home address of contractor personnel or the contractor address.

The Contracting Officer will submit the above information to the Office of Security and Law Enforcement, Washington, D.C. The Office of Security and Law Enforcement will provide the necessary investigative forms (these forms are indicated in paragraph 3.d. below) to the contractor’s personnel, coordinate the background investigations with OPM and notify the Contracting Officer and contractor of the results of the investigation.

g. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

(i) Standard From 85P, Questionnaire for Public Trust Positions

(ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions

(iii) FD 258, U.S. Department of Justice Fingerprint Applicant Chart

(iv) VA Form 0710, Authority for Release of Information Form

(v) Optional Form 306, Declaration for Federal Employment

(vi) Optional Form 612, Optional Application for Federal Employment

d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

28.0 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 onsite 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 Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the POC.

29.0 INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R.

Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the POC, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the POC that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/subcontractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than ____ days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within one (1) day.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

30.0 INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the POC and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of

Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self-assessment on all Systems and outsourced services as required.