36C24922Q0630_1.docx

36C24922Q0630

PAGE 1 - 84

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. SIGNAT

URE 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

36C249-22-AP-3736

614-23-1-069-0006 36C24922Q0630 09-06-2022 Robert Belisle 615-225-6337 09-14-2022 10:00

CDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 X X 811219 $22 Million N/A X Department of Veterans Affairs Veterans Medical Clinic Memphis 1030 Jefferson Ave Memphis TN 38104 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoicing 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 Memphis VA Medical Facility, requests for quote IAW FAR Part 13 to provide Medical Equipment Repair in accordance with attached Statement of Work (SOW). All references with within shall replace the term "offer" with "quote" and "offeror' with "quoter". Comparative evaluation of quotes will be performed IAW FAR 13.106-2 (b) (3) best value based on price and other factors. (see E.1 Addendum for FAR 52.212-1). This requirement is 100% set aside to small business. This RFQ will result in a firm fixed price contract. It will consist of a base of (12) twelve months and (3) three (12) twelve month ordering periods.

Wage determination 2015-4673 rev 20 dated 06/27/2022.

Contactor must be registered in SAM when quote is received and at the time of award.

X Shawn Hendricks

NCO915L2-4042

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

All supplies, materials, equipment nd transportation necessary to maintain the medical equipment in accordance with the attached Statement of Work (SOW) Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 811219 - Other Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

All supplies, materials, equipment nd transportation necessary to maintain the medical equipment in accordance with the attached Statement of Work (SOW) Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

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

All supplies, materials, equipment nd transportation necessary to maintain the medical equipment in accordance with the attached Statement of Work (SOW) Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

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

All supplies, materials, equipment nd transportation necessary to maintain the medical equipment in accordance with the attached Statement of Work (SOW).

Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026

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

B.2 DELIVERY SCHEDULE

12.00

12.00

12.00

12.00

B.3 STATEMENT OF WORK

DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

4.1 EQUIPMENT IDENTIFICATION

Contractor, shall furnish all necessary travel, labor, materials, tools, documentation, and parts located at the Veterans Affairs Medical Center, 1030 Jefferson Ave., Memphis, TN 38104. Support shall be provided via on-site visits. Contractor must have proven knowledge of all of the database software and hardware components and must demonstrate, to the satisfaction of the VAMC, that he/she is able to meet the requirement as outlined below.

DEFINITIONS/ACRONYMS

A. VAMC - Department of Veterans Affairs Medical Center, 1030 Jefferson Ave., Memphis, TN 38104.

B. Biomedical Engineering- Chief, Biomedical Engineer or designated staff (138), telephone number: (901) 577-7300, VAMC room AEG22

C. CO - VAMC Contracting Officer, staff of Acquisition and Materiel Management Service.

D. COTR - Contracting Officer's Technical Representative, designated as a Biomedical Engineering Staff Member.

E. PM - Preventive Maintenance. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence or inoperative conditions.

F. FSE - Field Service Engineer. A fully qualified individual who is authorized by the contractor to perform maintenance (corrective and preventive) services on the VAMC premises as defined in the terms of this contract.

G. ESR - Vendor Engineering Service Report (Service Tickets). Documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

H. Acceptance Signature - Signature by VAMC employee indicating acceptance of FSE work completion or pending status as stated on ESR.

I. Authorization Signature - COTR's signature accepting work as stated on the ESR.

4.3 CONFORMANCE STANDARDS

A. Contract service shall ensure that the equipment functions in conformance with the specifications used when the equipment was procured by the VAMC, and any updates, as well as following LATEST published standards/ specifications/regulations:

Manufacturer’s specifications, Association for the Advancement of Medical Instrumentation (AAMI), Joint Commission for the Accreditation of Healthcare Organizations (JCAHO), National Fire Protection Agency 99 (NFPA-99), Center for Device and Radiological Health (CDRH), Original Equipment Manufacturer (OEM), American Hospital Association (AHA), Institute of Electrical And Electronic Engineers (IEEE), Occupational Safety and Health Administration (OSHA), Memphis VAMC standard operating procedures, and any other Federal, State, and Local regulations mandated.

4.4 HOURS OF COVERAGE

Christmas Day

C. Contractor must provide the COTR with the means to request and receive prompt emergency telephone support from an FSE, within _______1________ hours of the COTR’s request. This emergency telephone call back service shall be provided / twenty-four hours a day, seven days a week at no extra charge to the Government. When VA personnel cannot resolve the problem with guidance from the call center, contractor has 4 normal work hours to arrive on-site.

4.5 EQUIPMENT MAINTENANCE

A. MAINTENANCE

The scope maintenance includes and provides for Government performed shared maintenance with the following provisions:

4. Contractor provides all diagnostic troubleshooting dongles/keys for in house technicians to have full access to diagnostic menus.

C. Documentation

For all work performed by the contractor, the contractor shall provide complete and original documentation indicating work performed, referencing the procedures followed, actual values obtained to the COTR at the completion of the service

4.6 PREVENTIVE MAINTENANCE

A. The Contractor shall perform PM service to ensure that equipment listed in the schedules performs in accordance with Section 4.3, Conformance Standards.

B. The date of PM service must be scheduled by the FSE with the COTR at least a week in advance according to the schedule below. All exceptions to the preventive maintenance schedule and procedure shall be addressed and approved in advance with the COTR. The time and frequency of preventive maintenance shall be based on the latest manufacturer’s specifications, and all Conformance Standards listed in Section 4.3, according to hours of use or months in service, and past PM dates.

C. Contractor shall provide the COTR with a copy of the preventive maintenance procedures that the Contractor shall follow, including the manufacturer specifications and any additional procedures followed by the Contractor. PM services provided by the Contractor must include but are not limited to the following:

D. The Contractor shall provide complete and original documentation indicating PM work performed, referencing the procedures followed, actual values obtained to the COTR at the completion of the PM service.

E. Any charges for materials such as lubricants, fluids, cleaning supplies, parts, services, manuals, tools, or software required for the Contractor to successfully complete scheduled PM shall be provided by the Contractor and are included within this contract, and its agreed upon price.

4.7 UNSCHEDULED MAINTENANCE AND REPAIR SERVICES

A. Contractor shall maintain the equipment in accordance with the specifications listed in the Statement of Work Conformance Standards, by returning failed components of a system to full operational capacity. The Contractor shall provide these repair services, which may consist of calibrating, cleaning, oiling, adjusting, replacing parts broken or worn beyond repair, and maintaining the equipment, including all intervening calls necessary between regular services and calibrations. Maintenance shall be carried out with the objective of minimizing equipment downtime.

B. Contractor must provide prompt emergency telephone support to request service as defined in the section Hours of Coverage. Service calls to the Contractor requesting service are only authorized when they are received from the COTR, CO, or designated equipment users. Outside of the equipment's hours of coverage, emergency on-site services require authorization by the COTR under a separate purchase order. Service responses on calls from unauthorized personnel can result in nonpayment.

C. Response Time: Contractor's FSE must respond with a phone call to the COTR _____1_______ hours after receipt of telephoned notification. If the problem can not be corrected by phone or VPN, the FSE shall commence work (on-site physical response) within _______4_______ normal hours of coverage after receipt of notification and shall proceed progressively to completion without undue delay. (For example, if hours of coverage are 8:00 a.m. to 4:30 p.m., Mon. through Fri., a two hour response means, if a call is placed at 4:15 p.m., Monday August 10th, the FSE must start on-site service before 9:45 a.m., Tuesday, August 11th, except when service outside hours of coverage is authorized by appropriate personnel.)

4.8 MAINTENANCE MATERIALS

A. The Contractor shall have ready access to all materials needed to maintain equipment to meet the Conformance Standards and shall make them available to its FSEs at no extra cost to the Government. This includes all: manufacturer operator and technical documentation (service manuals, operator manuals, parts list, schematics, etc.), test equipment, tools, diagnostic software, equipment software versions, all replacement parts, and all other materials needed to perform the necessary unscheduled and scheduled maintenance to the equipment.

B. PARTS: The Contractor shall have ready access to all equipment parts, including unique and high mortality replacement parts, to minimize downtime and meet equipment uptime requirements. Only new standard parts (manufactured by the maker of the equipment or equal thereto) or factory rebuilt parts shall be furnished by the Contractor used parts, or those removed from the same model of equipment shall not be installed without specific approval by the COTR. All parts supplied by the Contractor shall be of current manufacture and have complete versatility with the presently installed equipment. All parts shall perform identically to the original equipment specifications. Contractor shall maintain quantity of parts, in such a manner as to be available for shipment within 24 hours of request.

C. SERVICE MANUALS: The VAMC shall not provide service manuals or service diagnostic software to the Contractor. The Contractor shall obtain, have on file, and make available to its FSEs all operational and technical documentation (such as: operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract.

D. TEST EQUIPMENT: the Contractor shall provide the VAMC with a copy of the current calibration certification of all test equipment which are to be used by the Contractor on VAMC's equipment. This certification shall also be provided on a periodic basis when requested by the VAMC. Test equipment calibration shall be traceable to a national standard.

4.9 EQUIPMENT MODIFICATIONS

All modifications, upgrades, updates, enhancements, etc., must be scheduled in advance with the COTR. CO and COTR must receive notice at least one week in advance before any equipment updates, upgrades, enhancements, and modifications are begun along with justification (if Vendor-suggested modification), estimated costs (if applicable), probable effect on equipment operation, and needs for new or additional inservice training.

4.10 REMOVAL OF EQUIPMENT

Approval of the COTR and a VAMC equipment pass must be obtained before removing equipment to Contractor's plant. Removal of the equipment shall be done with no additional costs to the government. The Contractor will be responsible for loss or damage of equipment.

4.11 REPORTING REQUIREMENTS

A. The Contractor shall be required to report to the COTR in Biomedical Engineering, Room AWG19, during normal working hours, prior to and after any work is performed, every day that is required to complete the job. This check in is mandatory. At this time FSE will be required to enter the following information into the log: current date, name of FSE, name of Contractor, equipment being serviced, ESR number, and time in and out.

B. When service is completed, the FSE shall document services rendered on a properly completed ESR.. The FSE shall be required to log out with Biomedical Engineering and submit the ESR(s) to the COTR. All ESRs shall be submitted to the equipment user for an "acceptance signature" and to the COTR for an "authorization signature". If the COTR is unavailable, a signed, authorized copy of the ESR will be sent to the Contractor after the work can be reviewed (if requested on the ESR).

C. When the job cannot be completed by 4:30 p.m. during normal working hours, a status of progress, in the form of an ESR or verbal description, must be provided to the COTR before 4:00 p.m.

D. At times when work is authorized to be done outside normal working hours and Biomedical Engineering is not staffed, FSEs shall be required to log in and out with Security/Police Service at the VAMC entrance and receive proper identification badges. ESRs for these services, both completed and left in progress, will need an acceptance signature and left with the equipment user.

E. Any FSEs that work on station must complete the VA Privacy and Information Security Awareness and Rules of Behavior training and VHA Privacy and HIPAA training prior to arriving on station. 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 as well as VHA Privacy and HIPAA Training. 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/SecureAuth35/.. 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 COTR shall be contacted if further instructions on completion of this training are needed.

4.12 DOCUMENTATION/REPORTS

A. Documentation in the form of ESRs must be furnished to the COTR for all scheduled and unscheduled maintenance performed by the Contractor. Payment will not be certified by Biomedical Engineering if proper documentation is not provided.

C. Any additional charges claimed by the FSE/Contractor must be approved by the COTR before the service is completed. A purchase order number must then be provided to the FSE/Contractor by the COTR.

4.13 PAYMENTS AND ADDITIONAL CHARGES

A. PAYMENTS: Invoices will be paid IN ARREARS on a __Monthly________ basis. The Contractor shall mail the invoices to the attention of Fiscal Service, Accounting Section. Invoices, MUST INCLUDE, at a minimum, the following information: Contractor name, purchase order number, period of service the billing covers, list of equipment items covered during the stated period of service.

B. REPORTING REQUIRED FOR SERVICES BEYOND THE CONTRACT SCOPE: The Contractor shall immediately, but not later than twenty-four (24) hours after discovery, notify the CO and the COTR, IN WRITING of the existence or the development of any defects in, or repairs required to the schedule of equipment which the Contractor considers not to be responsible for under the terms of the contract. The Contractor shall furnish the CO and COTR with a written estimate of the cost to make necessary repairs.

C ADDITIONAL CHARGES: There shall be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

4.14 PENALTIES

4.1 Contractor shall guarantee an uptime of 80% of contract hours per each month. Additionally if scheduled equipment is down for more than 4 consecutive days, Contractor can be fined 10% of contract cost per each occurrence. If equipment is not repaired within 1 week. Medical Center can pass on expenses such as sending patients to other facilities for treatment.

4.15 INITIAL CONTRACTOR INSPECTION AND SUBMITTALS

A. All Contractor inspections and submittals must be done within thirty days after this contract has been awarded to the Contractor.

B. Equipment placed under maintenance contract for the first time shall be subject to inspection by the Contractor. Within a thirty (30) day period after award of the contract, the Contractor shall reject any equipment deemed to be in poor operating condition. Failure to reject such equipment shall constitute acceptance. Upon rejection, the CO and COTR shall be notified in writing as to the specific item(s) of equipment deemed to be in poor operating condition. Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

C. The Contractor and Government shall perform scheduled preventive maintenance on contracted equipment manufacturer's specifications. Within a thirty-day period after award of the contract, the Contractor shall submit to the COTR, at no cost, a copy of these preventive maintenance procedures that the Contractor and Government will follow. These procedures include a copy of the manufacturer's procedures, which must be followed at a minimum, and any additional preventive maintenance procedures the Contractor will provide.

D. The Contractor shall have fully qualified FSE performing all service on the equipment under contract. Within a thirty-day period after the award of the contract, the Contractor shall submit a list of the fully qualified FSEs who shall perform the contracted service at this VAMC for each make and model of equipment on the equipment schedule. The list for each FSE performing work at this VAMC will include: their name, geographic location, length and type of experience maintaining medical equipment (specific to make and model of equipment), and their formal training (specific to the make and model of equipment).

4.16 COMPETENCY OF PERSONNEL SERVICING EQUIPMENT:

A. Each respondent must have an established business, with an office and full-time staff. Generally, the Contractor shall have two years of successful experience in fully maintaining the full schedule of equipment for this contract. This staff includes two "fully qualified" FSEs who shall serve as the primary technician and backup for the servicing of the items listed on the schedule of equipment at this VAMC.

B. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment identified in the schedule of equipment. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) performing preventive maintenance and equipment repairs on the equipment.

C. The FSEs shall be authorized by the Contractor to perform the maintenance services. All work shall be performed by "fully qualified" competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and COTR specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.

D. If subcontractor(s) are used, they must be approved by the CO and COTR; the Contractor shall submit any proposed change in subcontractor(s) to the CO for approval or disapproval.

4.17 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

The Contractor's FSE shall abide by all VAMC station policies and requires. The Contractor's FSEs shall wear visible photo identification at all times while on the premises of the VAMC. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VAMC Police/Security Service. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited at the VAMC at any location other than the designated smoking areas. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

4.18 SPECIAL CONDITIONS

_ ___ A. The Contractor shall support all system support and repairs during normal hours of coverage. Telephone support will be provided by the Contractor during normal hours of coverage. The Contractor will provide provision revisions of all software that corrects functional flaws.

_ __ B. All system software upgrades will be provided and installed on equipment at no additional cost to the government, within six (6) months after each software version is released. Installation shall be done outside normal working hours, unless requested by the COTR, at no additional cost to the government.

4.19 Period of Performance

This contract shall cover the period of October 1, 2022 through September 30, 2023.

Three (3) Twelve (12) Month Option Periods 1st Option Year of October 1, 2024 through September 30, 2025 2nd Option Year of October 1, 2025 through September 30, 2026 3rd Option Year of October 1, 2026 through September 30, 2027

The Authorization requirements do not apply, and that a Security Accreditation Package is not required

VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

- General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

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

g. 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.

h. 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.

i. 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.

j. 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.

k. 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 COR.

l. Taking of photographs/videos/recording of any kind is PROHIBITED on VA premises unless pertaining to work assignment, instructed or authorized by the Contracting Officer’s Representative (COR).

m. Contractor must report to AEG19 upon arrival. Contractor will be escorted by VA employee in all areas where sensitive information is maintained.

n. Contractor will wear his or her identification badge at all times while on VA premises. The badge must be clearly visible, facing forward, and above the waist.

The following standard Items relate to records generated in executing this contract:

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

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

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

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

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

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

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

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

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

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

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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.

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.

1. SECURITY INCIDENT INVESTIGATION

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

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

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

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

2. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

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

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

3. TRAINING

In order for you to engage in your work at VA, you are required to ensure all contractors who will be working on the contract complete a mandatory training program titled VA Privacy Training for Personnel without Access to VA Computer Systems or VA Sensitive Information (VA20939). This training is offered through the VA Talent Management System (TMS), a system that offers web-based training to VA employees and its partners. Contractor employee will self-enroll for a TMS training profile on the VA TMS by visiting https://www.tms.va.gov/SecureAuth35/. Once there, the employee will follow the steps that follow 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 (COR) with each employee’s printed certificate of training completion from the TMS. This certificate displays the employee’s TMS User ID.

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

36C24922Q0630

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SECTION C - CONTRACT CLAUSES

Medical Injectors Maintenance

C.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a…