36C24919Q0370-001.docx

36C24919Q0370

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24919Q0370 07-24-2019 David Milner 615-225-6543 08-07-2019 12:00 pm CT 90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 X 541690 $15 Million X N/A X Department of Veterans Affairs

MEMPHIS VAMC

1030 JEFFERSON AVE

MEMPHIS TN 38104

90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page The Memphis VAMC is seeking a Contractor to accomplish on-site medical physics and peer review services per the Perf or mance Work Statement located in Section B.3.

Please review Addendum to FAR 52.212-1 for quoters instructions.

See CONTINUATION Page X X David B. Milner, Jr.

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249 David B. Milner, Jr.

Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ORDERING PERIOD 1: SEPTEMBER 1, 2019 THROUGH AUGUST 31, 2020

Quarter 1. Contractor shall accomplish a radiation oncologist peer review of 10% of all Radiation Oncology Department records since Department Accreditation per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of all new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 1. Contractor shall accomplish a physicist peer review of 5 new patient radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

ADHOC onsite Oncologist record review. Billing shall be for each record reviewed.

ADHOC onsite Medical Physics record review. Billing shall be for each record reviewed.

ORDERING PERIOD 2: SEPTEMBER 1, 2020 THROUGH AUGUST 31, 2021

Quarter 1. Contractor shall accomplish a radiation oncologist peer review of 10% of all Radiation Oncology Department records since Department Accreditation per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of all new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 1. Contractor shall accomplish a physicist peer review of 5 new patient radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

ADHOC onsite Oncologist record review. Billing shall be for each record reviewed.

ADHOC onsite Medical Physics record review. Billing shall be for each record reviewed.

ORDERING PERIOD 3: SEPTEMBER 1, 2021 THROUGH AUGUST 31, 2022

Quarter 1. Contractor shall accomplish a radiation oncologist peer review of 10% of all Radiation Oncology Department records since Department Accreditation per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of all new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 1. Contractor shall accomplish a physicist peer review of 5 new patient radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

ADHOC onsite Oncologist record review. Billing shall be for each record reviewed.

ADHOC onsite Medical Physics record review. Billing shall be for each record reviewed.

ORDERING PERIOD 4: SEPTEMBER 1, 2022 THROUGH AUGUST 31, 2023

Quarter 1. Contractor shall accomplish a radiation oncologist peer review of 10% of all Radiation Oncology Department records since Department Accreditation per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of all new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 1. Contractor shall accomplish a physicist peer review of 5 new patient radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

ADHOC onsite Oncologist record review. Billing shall be for each record reviewed.

ADHOC onsite Medical Physics record review. Billing shall be for each record reviewed.

ORDERING PERIOD 5: SEPTEMBER 1, 2023 THROUGH AUGUST 31, 2024

Quarter 1. Contractor shall accomplish a radiation oncologist peer review of 10% of all Radiation Oncology Department records since Department Accreditation per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of all new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a radiation oncologist peer review of 10 percent of the new Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 1. Contractor shall accomplish a physicist peer review of 5 new patient radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 2. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 3. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

Quarter 4. The Contractor shall accomplish a physicist peer review of 5 new patient Radiation Oncology Department records since the last review per the Performance Work Statement. Billing shall be for each record reviewed.

ADHOC onsite Oncologist record review. Billing shall be for each record reviewed.

ADHOC onsite Medical Physics record review. Billing shall be for each record reviewed.

B.3. PERFORMANCE WORK STATEMENT

Radiation Oncologist Peer Review Services The Contractor shall furnish all necessary travel, labor, material, supplies, tools, equipment, documentation, and qualified personnel to provide on-site medical physics and peer review support or services for the Veterans Health Administration (VHA) located at the Veterans Affairs Medical Center, 1030 Jefferson Ave., Memphis, TN 38104, under the terms and conditions stated herein.

This contract shall be in accordance with all terms, conditions, provisions, schedules, and specifications of this solicitation. The contract shall be for a period of one year and four additional ordering periods.

1. Performance

A. All radiation oncologist peer review work shall be performed by a qualified radiation oncologist quarterly. A qualified radiation oncologist is a person who is certified by the American Board of Radiology (ABR) of a physician who confines his/her professional practice to radiation oncology or certification in Radiation Oncology or Therapeutic Radiology by the ABR, the American Osteopathic Board of Radiology, or the Royal College of Physicians and Surgeons of Canada. Experience with Stereotactic Body Radiation Therapy (SBRT), intensity-modulated radiation therapy (IMRT), image -guided radiation therapy (IGRT), volumetric modulated arc therapy (VMAT) procedures is required.

B. The estimated quantity of records requiring a radiation oncologist review is between twelve (12) and forty (40) annually except for the initial quarter beginning the contract.

C. Contractor shall review all records during the initial quarter of the contract to bring the reviews into compliance with the document, Ongoing Professional Performance Evaluations for Radiation Oncology, utilized by the Veterans Health Administration Radiation Oncology Department.

D. During the follow-on quarterly reviews the contractor shall review ten (10) percent of the total population of new patient treatment records with regard to a radiation oncologist peer review.

E. All physicist peer review work shall be performed by a qualified medical physicist quarterly. A qualified medical physicist is a person who is certified in the appropriate subfield (s) by the American Board of Radiology (ABR), the Canadian College of Physicists in Medicine, or by the American Board of Medical Physics (ABMP). The appropriate subfield of medical physics for this guideline is Therapeutic Medical Physics. (Previous medical physics certification categories including Radiological Physics and Therapeutic Radiological Physics are also acceptable.)

F. The estimated quantity of records requiring a medical physicist review is between two (2) and five (5) each quarter for a total not to exceed twenty (20) records annually.

G. An additional ADHOC onsite Oncologist review may be required in the event of a needed Medical Event investigation.

H. An additional ADHOC onsite Medical Physics review may be required in the event of a needed Medical Event investigation.

2. Mandatory Services to be Performed - Deliverables

A. The qualified radiation oncologist shall perform a peer review of the Radiation Oncology Department records as they pertain to the radiation oncologist documents no greater than 90 days from the last review and no sooner than 30 days from the last review.

B. The qualified medical physicist shall perform a peer review of the Radiation Oncology Department records as they pertain to the medical physicist documents no greater than 90 days from the last review and no sooner than 30 days from the last review.

C. Any deficiencies or non-conformances discovered during the peer review process of data consisting of Protected Health Information (PHI) shall be verbally communicated to the Chief Medical Physicist and to the Chief of Radiation Oncology Service prior to the Contractor leaving the facility. This is how VA sensitive information will be protected.

D. A report of the Radiation Oncology peer review will be supplied to the Chief of Radiation Oncology within 30 days after the review. The report format and required information will be in accordance with the ACR Requirements.

E. A report of the Medical Physics peer review will be supplied to the Chief of Radiation Oncology within 30 days after the review. The report format and required information will be in accordance with the AAPM Task Group 103 Report Requirements.

F. Any contractor that works on station must complete the VHA Privacy and HIPAA training prior to arriving on station and provide documentation of completed training. In order for any contractor to engage in work at VA, he/she is required to ensure all contractors who will be working on the contract complete a mandatory training program titled VA Privacy and Information Security Awareness Training and Rules of Behavior (VA10176) as well as VHA Privacy and HIPAA Training (VA10203). This training is offered through the VA Talent Management System (TMS), a system that offers web-based training to VA employees and its partners. He/she must ensure each contract employee self-enrolls for a profile on the VA TMS by visiting https://www.tms.va.gov/plateau/user/login.jsp. Once there, employees should follow the steps to create a profile, launch the mandatory training, and complete the content prior to their next day at VA. Upon completion by all employees, the contractor shall provide their Contracting Officer Representative with each employee’s printed certificate of completion from the TMS. This certificate displays the employee’s TMS User ID. The COR shall be contacted if further instructions on completion of this training are needed.

G. The Contractor (or representative), upon arrival, will be given a badge and will wear his or her issued VA ID badge at all time while on duty. In addition, no photographs, videos, or recordings will be made while on VA premises.

3. Information Security Considerations A. The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required.

B. The appropriate risk associated with PDAT is considered Low and to protect VA sensitive information a Business Associate Agreement (BAA) will be required when the contract is awarded. See Section D of the solicitation for an example of the BAA.

C. The security impact of the IT system is low, since the contractor will not be connecting any device to any VA IT system.

D. The C&A requirements do not apply, and a Security Accreditation Package is not required.

E. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in the performance of 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 contracting officer.

F. If the 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 terminate the contract for cause or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

H. VA prohibits the installation and use of personally-owned or contractor owned equipment or software on the VA’s network.

I. All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSPs) and Authorities to Operate (ATOs) for all systems/Local Area Networks accessed while performing the tasks detailed in this PD.

J. A prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor 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.” See VA handbook 6500.6, Appendix C, paragraph 3.a. which can be accessed via the following link: http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2

K. A requirement for data breach notification: Upon discovery 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, the contractor/subcontractor shall immediately and simultaneously notify the Contracting Officer’s Representative (COR) (if assigned) the designated Information Security Officer, and Privacy Officer for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

L. A requirement to pay liquidated damages in the event of a data breach: “In the event of a data breach or privacy incident involving SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals.” See VA handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

M. A requirement for annual security/privacy awareness training: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA security/privacy requirements) within one (1) week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA’s requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in the VA’s contract have received their annual security/privacy training that meets VA’s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

N. A requirement to sign VA’s Rules of Behavior: “Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on annual basis an acknowledgement that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract.” See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA’s information and information systems.

O. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media). In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

P. The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Q. 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.

R. 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.

S. 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.

T. 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.

U. 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.

V. 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.

4. VA Information Custodial Language

36C24919Q0370

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 1, 2019 through August 31, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 14 records in one ordering period, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 150 records in one ordering period;

(2) Any order for a combination of items in excess of 150 records in one ordering period; or

(3) A series of orders from the same ordering office within Five days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within Five days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 31, 2024.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within .

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond August 31, 2020. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond August 31, 2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.9 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of TENNESSEE. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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