36C25019Q1218-008.docx

36C25019Q1218

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

583-20-1-626-0001 36C25019Q1218 02-26-2020 Olalekan Ismail 317-988-1527 03-11-2020

12:00 EST

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240 X X 561710 $12 Million N/A X Department of Veteran Affairs Veterans Health Indiana (VHI) Richard L. Roudebush VAMC 1481 West Tenth Street Indianapolis IN 46202 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

Department of Veterans Affairs Financial Management System P O Box 149971 Austin TX 78714-9971 512-242-7300 N/A X See CONTINUATION Page Contractor shall provide bed bug remediation and canine inspection for the interior of the Veterans Health Indiana Campus, Richard Roudebush VA Medical Center located at 1481 West 10th Street, Indianapolis IN 46202. It's support facilities, and interior of all Government owned vehicles.

Contractor shall provide services in accordance with the Statement of Work in Section B of this document and in accordance with all terms and conditions contained herein.

SITE VISIT: Interested offerors are encouraged, but not required to attend a site visit on March 3, 2020 at 9:00 EST Everyone will meet at the main entrance, front courtesy desk at the Veterans Health Indiana, Richard L. Roudebush Medical Center, 1481 W. 10th Stree, Indianapolis, IN 46202.

See CONTINUATION Page 583-3600162-626-856100-2660 010056100 X X One(1) Kristina L. Gandy Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

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 [] 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management, or [] 52.232-36, Payment by Third Party

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.

5. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:

3.) The Price/Cost Schedule, Section B 4.) 52.212-1, Instructions to Offerors--Commercial Items 5.) Quote Submission Information, Section E 6.) 52.212-3, Representations and Certifications, or valid completion in SAM is acceptable Information shall be received prior to the date and time specified in Block 8 of SF 1449 in order to be considered for award.

Sealed offers will be received at the address specified in Block 9 of SF 1449 or, if hand-carried, to Olalekan Ismail at 8888 Keystone Crossing, Suite 1100, Indianapolis IN 46240

b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror may be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

c. Simplified Acquisition Procedures of FAR 12 and 13 are being used to conduct the procurement.

d. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

The guaranteed minimum for the fiscal year in which this contract is awarded is $51,410.00 The maximum total contract amount, or ceiling amount, shall not exceed $650,000.00 over the life of the contract.

Base Period: April 1, 2020 THROUGH December 31, 2020

Option Year One (1): January 1, 2021 THROUGH December 31, 2021

Option Year Two (2): January 1, 2022 THROUGH December 31, 2022

(base + all options, if exercised

B.3 STATEMENT OF WORK

BED BUG REMEDIATION & CANINE INSPECTION SERVICES

A. GENERAL:

1. The Contractor shall provide all labor, management, laboratory testing, tools, supplies, equipment, transportation, and labor to perform the tasks associated with bed bug remediation and canine inspection services for the interior of the Veterans Health Indiana hospital campus located at 1481 W 10th Street Indianapolis, IN 46202 (herein referred to as VHI), support facilities (identified in Section L), and interior of all Government owned vehicles assigned to VHI and support facilities in a manner that ensures the health and general well-being of patients, staff, and visitors.

2. The Government’s goal is to ensure a “pest-free environment” that will focus on significantly minimizing pest sightings and eliminating pest infestations within the confines of each building on the VHI campus and support facilities.

3. All services provided shall be performed by a licensed/certified Pest Control Operator (PCO).

4. PCO shall be available to be onsite each workday for services covered in this statement of work. The Government does not require someone onsite at all times, however, the Contractor shall be available to be onsite within the response timeframes as listed in the Statement of Work and for any inspections, maintenance, treatment, and any other service outlined in the SOW.

5. Contractor shall have access to a certified entomologist at the PhD level to aide in the proper identification of pests. Proper identification is required to accurately target specific pests in accordance with an IPM system.

B. WORK SCHEDULE:

1. Normal Work Hours: 8:00am – 4:30pm EST (local time), Monday through Friday. Hours outside of this schedule may be required for remediation or canine inspections.

2. National Holidays: Services may be necessary during national holidays. The ten (10) holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

3. Emergency Hours: The Contractor/PCO shall be available, on call (able to respond within two (2) hours), at all times outside of the normal work hours for emergencies.

C. DESCRIPTION / NARRATIVE:

The healthcare setting demands a high level of sensitivity when addressing pest management concerns.

Education: A well-educated staff able to identify pest entrances, harborages, and attractants on a campus wide scale. By educating the staff as to the reason’s pests are present, how they are entering buildings, and to whom to report sightings and concerns, we exponentially increase our pest awareness and inspection coverage.

Monitoring, and Trending Reports: The Contractor/PCO shall provide passive bed bug monitoring and detection service to all in-patient beds, as well as the emergency room, dialysis, Government owned vehicles, and at the Veterans House.

- NOTE FOR GOVERNMENT OWNED VEHICLES: The Contractor shall be responsible for the interior of all Government owned vehicles assigned to VHI and support facilities identified in the Section L, to also include the vehicles assigned to the Richard L Roudebush VA Domiciliary, located at 9045 East 59th Street, Building #402, Indianapolis, IN 46216. The Contractor is not responsible for the VA Domiciliary structure.

Treatment: Pesticides/insecticides: The focus of VHI is to reduce the number of chemicals utilized in the treatment of pests. However, it is sometimes necessary to use chemicals to ensure a pest-free environment. The Contractor/PCO shall coordinate with the Contracting Officer Representative (COR), who in turn will coordinate with clinical and non-clinical staff to designate highly sensitive, sensitive, and non-sensitive areas of the facility regarding patient care/safety. All chemicals used within the facility shall be clearly marked for use against targeted pests. Whenever possible, essential oil-based pesticides shall be used in areas designated as highly sensitive and sensitive; essential oil-based pesticides leave no chemical residue. The Contractor/PCO shall communicate with staff when applying any chemical, oil based or otherwise, in their areas. Emphasis shall be given to exterior baiting and monitoring practices in conjunction with local, state, and federal regulations. Relatively low toxicity, non-volatile pesticides, such as baits and crack-and crevice applications, are preferred. The Contractor/PCO shall coordinate with staff to ensure that no one is present when chemicals are used. Furthermore, this coordination shall also ensure that the area is not opened to anyone until all odors and vapors have dissipated. The Contractor/PCO shall be responsible for maintaining a detailed and accurate record of all chemical applications used throughout the facility for a period of no less than three (3) years.

D. SPECIFICATIONS:

1) The Contractor shall conform to all federal, state, and local regulations governing examining and licensing of pest control operators, performance of pest control, use of approved pest control chemicals and equipment, and proper disposal methods for all products/containers, which may be in effect for the area where the work under the contract will be performed. At a minimum, the Contractor shall maintain a Category 7a certification with the Office of Indiana State Chemist. Information on the requirements for this certification can be found here:

http://oisc.purdue.edu/pesticide/continuing_certification_program.html#categories

2) The Contractor shall provide Bed Bug canine detection services, and certificate to include at minimum the date inspected, certification accreditation of both canine and its handler, and the outcome of the inspection in such a format as to be displayed to all visitors once weekly. The canines shall inspect as required by the Government. Bed bug canine inspections may include nine (9) floors and the basement, be limited to patient care areas, and patient care support areas (i.e. Linen Room). Canine inspections should be completed on weekends or after hours (after 4:30 p.m.). The Contractor shall work with EMS Management (Chief, Assistant Chief, and Foremen) to create a schedule that works for the facility to have minimal disruption to Veteran services.

a) Bed bug remediation shall be provided by the contractor on an as needed basis. Bed bug remediation refers to the full treatment of a verified bed bug infestation.

b) Bed bug sightings shall be responded to within the established two (2) hour time frame.

E. EMERGENCIES:

The Contractor shall respond to emergencies within ONE (1) hour after notification by the COR or his/her designee. The Contractor shall report to perform necessary services no more than TWO (2) hours after notification or within mutually agreed upon time between. A pest emergency refers to any sighting that may have an immediate harmful impact to patients or staff, which if not treated immediately could jeopardize the health and safety of patients, staff, and visitors. Contractor shall respond within two (2) hours for an emergency pest management issue.

F. SAFETY FACTORS:

All treatments shall be approved by the COR and shall be placed only at times and in the areas approved by the COR. No pest control material or trap shall be placed where it can be recovered by patients, nor shall any such material be allowed to contact food or cooking utensils. Safety Data Sheet (SDS) for any chemical treatment shall be provided to the COR before initial application.

If chemical treatment is used, the following shall be documented:

a. The name of the PCO who applied the chemical treatment.

b. The location, by building and room number where each application occurred.

c. The pest(s) against which the chemical treatment is intended to control.

d. The date and time of treatment.

e. The trade name and/or brand name of the chemical applied.

f. The rate of application or amount of the pesticide applied, and the total area treated.

G. STORAGE OF PEST CONTROL MATERIALS:

Storage of pest control materials or equipment at the VHI is prohibited without the written approval of the COR.

I. REQUIRED CONTRACTOR REPORTING:

1. The Contractor is responsible for completing and submitting all reports required or requested by Federal, State, and/or local ordinances, which pertain to any duties contained in the contract.

2. The Contractor is responsible for all reports mentioned throughout this statement of work.

3. The Contractor shall provide to the COR, prior to initial application, the trade names (if any) and the chemical names of all approved pesticides/chemicals along with appropriate antidote information and current Safety Data Sheet (SDS).

The Government shall utilize the reports provided by the Contractor to the Government to monitor and confirm contractor performance in accordance with the requirements of this contract. Failure to provide said reports may result in an unsatisfactory performance rating.

J. CONTRACTOR PERSONNEL BADGES AND PARKING:

1. The Contractor shall provide the COR with a list of all contractor personnel expected to be on VA premises to provide the services of this contract. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

2. An identification badge shall be given to all contractor personnel before the services of this contract will begin. The contractor personnel shall safeguard the identification badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel shall properly display their identification badge. Identification badges shall be worn at or above the waist (facing forward). The contractor personnel shall return the identification badge to the COR when the personnel are no longer providing the services.

3. The Contractor shall be required to comply with all security policies/requirements of VHI. All security policies/requirements shall be met, and employees cleared prior to the contractor performing work under this contract. Contractor personnel that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

4. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Parking information shall be coordinated with the COR.

5. VHI does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstance.

K. INTERFERENCE TO NORMAL FUNCTION:

The Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

1. In the event of an emergency, these contracted services may be stopped and rescheduled at no additional cost to the government.

2. The Contractor shall inform the COR of the need to gain access to secured areas. If access is required to secure areas, prearranged scheduling shall be made with COR or designee.

L. LOCATIONS OF SERVICE

The Contractor shall provide service at the following locations below. For government services only I. Richard L Roudebush VA Medical Center 1481 W. 10th Street Indianapolis, IN 46020 Total approximate square footage: 800,000 Total in-patient beds: 159 Outer Buildings at VHI Include Buildings 5, 19, 21, 6, 33, Chiller Plant, Warehouse, Sterile Processing Services.

Total approximate square footage: 75,800

II. Cold Springs Road Support Facilities 2669 Cold Spring Road Indianapolis, IN 46222 Outer Buildings at Cold Springs Road location includes Buildings 5, 7, 9, Veterans House, Coumadin Clinic, and Warehouse Total approximate square footage: 75,000

III. Landmark Building 1099 N. Meridian Street Indianapolis, IN 46204 Total approximate square footage: 5,000 IV. Wakeman CBOC Camp Atterbury Building 1010 & 1012 3791 10th Street Edinburgh, IN 46124 Total approximate square footage: 10,400 V. Lafayette CBOC 3851 N. River Road West Lafayette, IN 47906 Total approximate square footage: 7,000 VI. Bloomington Mental Health Clinic 1320 Arch Haven Avenue, Suite A Bloomington, IN 47403 Total approximate square footage: 3,040 VII. Terre Haute Mental Health Clinic 110 West Honey Creek Parkway Terre Haute, IN 47802 Total approximate square footage: 3,552 VIII Martinsville Community Based Outpatient Clinic 2200 John R Wooden Drive Martinsville, IN 46151 Total approximate square footage: 3,859

IX. Indy West VA Clinic 3850 Shore Drive Indianapolis, IN 46254 Total approximate square footage: 10,000 X. VA Domiciliary 9045 E. 59th Street, Bldg. 409 Indianapolis, IN 46216 “For Government services only”

XI. Shelbyville VA Clinic 30 West Rampart Street Shelbyville, IN 46716 Total approximate square footage: 5,800

XII. VA Homeless Team 777 N. Meridian Street Indianapolis IN 46204 Total approximate square footage: 8,000

Page 1 of Page 1 of

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

INFORMATION SECURITY IN ACCORDANCE WITH VA HANDBOOK 6500.6 Appendix C – Paragraphs 1,2,3,6,7, & 9:

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

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

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

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

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

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

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

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

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

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

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

4. Intentionally Blank

5. Intentionally Blank

6. SECURITY INCIDENT INVESTIGATION

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

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

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

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

7. 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.

8. Intentionally Blank

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

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

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

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.