36C25219Q0167.docx

36C25219Q0167

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 SI

GN 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. SIGN

ATURE 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

578-19-2-170-0006 36C25219Q0167 12-12-2018

HOESLY,MAUREEN

414-844-4853 01-14-2019 12:00pm CST 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 492110 1500 Employees X N/A X 36C252 VISN 12 - See Statement of Work and Attachment A

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page Laboratory Courier Services for the Department of Veteran Affairs VISN 12 Clinical Laboratories, Medical Facilities and Community Based Outpatient Clinics (CBOCs) All SDVOSB offerors must be listed as verified by the CVE in Veterans Information Page website in order to submit an offer in response to this solicitation in accordance with VAAR 819.7003 See CONTINUATION Page 578-3690160-170-822300-2560 010022343 X X X X X Maureen Hoesly Contracting Officer

SECTION B - CONTINUATION OF SF 1449 BLOCKS

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

DUNS NUMBER NO. ______________________________________

b. GOVERNMENT: MAUREEN HOESLY

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR AWARD

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

b. Upon acceptance of service

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

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

d. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@ob10.com <http://VA.Registration@ob10.com/>

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>

5. PAYMENTS:

a. Payments shall be made in arrears upon receipt of a properly prepared invoices.

b. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

c. Contractor shall submit an electronic invoice for each of the 7 Medical facilities (covering transport from outpatient clinics/medical facilities to core laboratories) and one (1) for the services covered by the VISN 12 Pathology and Laboratory Management Service (PaLMS) (medical facility to other medical facilities), for a total of 8 invoices by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

d. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms. In addition to the above, invoices shall indicate the following service data: route number and description, number of times route is performed, route charge, total charges per route, and total charges per facility. Invoices shall display charges in order by route number and date of service.

e. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

f. See Attachment A for a complete list of the medical facilities courier routes. The routes are numbered by “Pick Up Location”.

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

Offers may be submitted by e-mail to Maureen.Hoesly@va.gov. A signed and dated 1449 must be included along with all other information requested herein by the due date and time. Offers must be received by the date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation

Schedule of Services and Price

AUTHORITY: Under the authority of Public Law 109-461, 38 U.S.C. 8127, and 38 U.S.C. 513, and pursuant to FAR 13.5, the Great Lakes Acquisition Center is seeking quotes for Laboratory Courier Services.

1. REQUIREMENTS

Contractor shall provide the full range of Laboratory Courier Services as specified herein, for VISN 12 clinical laboratories, medical facilities, and outpatient clinics of the Department of Veterans Affairs (VA) - Veterans Integrated Service Network (VISN) 12 – VA Great Lakes Health Care System as listed in Attachment A.

The term of the contract will be 1 base period of approximately 8 months from the date of award, with four-one year option periods to extend at the discretion of the Government. Contractor will have a sixty (60) day ramp up period. Failure to provide timely implementation may result in contract termination.

This procurement is a 100% set aside for service disabled veteran owned small business (SDVOSB).

2. PRICE SCHEDULE

Contractor must provide firm-fixed unit pricing for all of the courier routes listed on Attachment A – Schedule of Items and must complete Cell “I & K” of the Excel spreadsheet for the base and 4 option years to be considered for contract award. Cell J will calculate when Cell I is completed. The percentage of labor completed in Cell K, should only be applicable to contractor employees that fall under The Service Contract Act. The total price for the base, option years, and option CLINs shall be entered into the schedule below.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

VISN 12 Laboratory Courier Services.

Routes in accordance with Attachment A

Contract Period: Base POP Begin: 03-31-2019 POP End: 11-30-2019

Additional route from McLean CBOC to Danville VA during the base year period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Contract Period: Base

Additional route from Danville VA to Hines VAH during the base year period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Additional route from Bob Michel Peoria CBOC to Hines VAH during the base year period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

VISN 12 Laboratory Courier Services.

Contract Period: Option 1 POP Begin: 12-01-2019 POP End: 11-30-2020

Additional route from McLean CBOC to Danville VA during the Option Year 1 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Contract Period: Option 1

Additional route from Danville VA to Hines VAH during the Option Year 1 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Additional route from Bob Michel Peoria CBOC to Hines VAH during the Option Year 1 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

VISN 12 Laboratory Courier Services.

Contract Period: Option 2 POP Begin: 12-01-2020 POP End: 11-30-2021

Additional route from McLean CBOC to Danville VA during the Option Year 2 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Contract Period: Option 2

Additional route from Danville VA to Hines VAH during the Option Year 2 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Additional route from Bob Michel Peoria CBOC to Hines VAH during the Option Year 2 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

VISN 12 Laboratory Courier Services.

Contract Period: Option 3 POP Begin: 12-01-2021 POP End: 11-30-2022

Additional route from McLean CBOC to Danville VA during the Option Year 3 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Additional route from Danville VA to Hines VAH during the Option Year 3 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Additional route from Bob Michel Peoria CBOC to Hines VAH during the Option Year 3 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

VISN 12 Laboratory Courier Services.

Contract Period: Option 4 POP Begin: 12-01-2022 POP End: 11-30-2023

Additional route from McLean CBOC to Danville VA during the Option Year 4 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Contract Period: Option 4

Additional route from Danville VA to Hines VAH during the Option Year 4 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

Additional route from Bob Michel Peoria CBOC to Hines VAH during the Option Year 4 period of performance. Price will be pro-rated when route becomes a contract requirement and this line item option is exercised.

PERFORMANCE WORK STATEMENT (PWS)

Contractor shall provide the full range of Laboratory Courier Services as specified herein, for VISN 12 clinical laboratories, medical facilities and outpatient clinics of the Department of Veterans Affairs (VA) – Veterans Integrated Service Network (VISN) 12 – VA Great Lakes HealthCare System as listed in Attachment A.

The term of the contract will be a base period of approximately eight (8) months from the date of award, with four-one year option periods to extend at the discretion of the Government. Contractor will have a sixty (60) day ramp up period. Failure to provide timely implementation may result in contract termination.

1. TRANSPORTATION PROGRAM

a. General Contractor shall provide the safe transport between Government facilities listed in Attachment A of biomedical materials (patient specimens), as well as microbiology cultures and stocks. These items are classified as Hazard Materials Class 6, Division 6.2 and are defined in 49 CFR Part 173.134 as those materials that contain or could contain etiologic agents. Included in the safe transport are proper receipt, distribution, storage and security of all items in accordance with federal* regulations including, but not limited to, the following:

(1) Department of Transportation 49 CFR Parts 171-180 – Hazardous Materials: Infectious Substances; Harmonization with the United Nations Recommendations, Final Rule.

(2) Department of Health and Human Services 42 CFR Parts 72 and 73 – Interstate Shipment of Etiologic Agents and Select Agents and Toxins.

(3) Department of Labor/OSHA 29 CFR, Section 1910.1030 – Bloodborne Pathogens

(4) Health Information Portability and Accountability Act (HIPAA) Privacy Rule 45 CFR Parts 160 and 164.

*State and local regulations may be applicable if more stringent and do not conflict with the federal regulations.

Contractor shall provide to each Government facility all materials necessary to comply with the logistics of a transportation program. This includes an adequate supply of materials necessary for the efficient, organized and coordinated receipt, transport and delivery of specimens (e.g. transportation receipt forms, rigid-sided containers, dry ice, coolers, rolling coolers, etc.).

Other incidental items (not included in Division 6.2) that may be transported are limited to laboratory-related reagents and supplies that can be accommodated in a 20” x 24” closed container(s) and weighing no more than 25 pounds.

b. Accountability and Integrity Contractor must ensure transportation is provided in such a manner that the integrity and accountability of all items are maintained from contractor point of possession to the point of delivery to the Government. Government facilities will be responsible for processing and packaging all items in preparation for transportation, such that the transport device is tamper-proof and that Patient Identifiable Information (PII) is not visible to unauthorized personnel, including contractor courier(s). The Contractor will be responsible for all tertiary packaging and labeling. The Government will also provide a shipping manifest.

Contractor shall provide transport vehicles that have all the necessary equipment to insure the integrity of ambient, refrigerated and frozen biomedical materials.

Contractor shall also be able to transport incubators carrying microbiology cultures and other items that need to be controlled under incubated temperature conditions. The number of incubators transported is dependent on the volume of cultures that are being sent for testing.

Government facilities will provide the incubators along with the necessary electronic connections to maintain the appropriate temperature conditions. Contractor must have transportation vehicles with the capability to sustain temperatures for up to 5 incubators simultaneously. Contractor shall be responsible for delivering the portable incubator containing laboratory specimens to the destination government facility and exchanging an empty portable incubator provided by a government facility for return to the originating government facility.

All doors on the courier vehicle must be locked whenever the vehicle is left unattended. Contractor must have a tracking system that prevents any loss of transported items, especially patient specimens. The tracking system must provide documentation of a complete audit trail, i.e. from the time the packages are picked up at the originating site through the drop off at final destination; such documentation shall be made available to the Government upon demand as any loss of a specimen is considered serious and potentially has a negative clinical impact.

Contractor shall educate all transport personnel on the policies and procedures for the receipt, tracking and delivery of these packages.

Contractor shall have a contingency system in place to ensure 100% courier route performance. Contractor shall provide an emergency contact person (other than the courier-employee) to immediately address inter-route issues that occur. This contact must be available for emergency response within the timeframes covered in the courier route plan (Attachment A) and throughout extended time periods when the courier is not able to meet the stated delivery times. In addition, this contact must have the capability to be in immediate communication with the courier employee performing the services in cases of emergency or to determine location. The contact information, i.e. name(s) and/or office(s) and telephone number(s), for these emergency contact personnel shall be made available after award.

Contractor shall designate two coordinators (one for the Northern tier facilities and one for the Southern tier facilities) to organize activities, monitor services, and respond to customer service problems. Coordinators shall be able to provide oversight of overall and day to day coordination of the courier schedule to include dispatch, timeliness, and communication. The Northern Tier includes Oscar G. Johnson VA Medical Center, Iron Mountain, Michigan; Tomah VA Medical Center, Tomah, Wisconsin; Clement J. Zablocki VA Medical Center, Milwaukee, Wisconsin; and William S. Middleton Memorial VA Hospital, Madison, Wisconsin, including their CBOCs (Community Based Outpatient Clinics). The Southern Tier includes Jesse Brown VA Medical Center, Chicago, Illinois; Edward Hines, Jr. VA Hospital, Hines, Illinois; and VA Illiana Health Care System, Danville, Illinois, including their CBOCs.

2. TRAINING PROGRAM

Contractor shall ensure that all transport personnel are properly trained and that their competency is regularly assessed in the appropriate safety, packaging and environmental control procedures suitable to specimen type and distances transported. Critical elements of the training program will adhere to the regulations for the transport of bio-hazardous substances as cited in 49 CFR 172 Subpart H and must minimally include:

a. Education on the types of biological materials transported including definitions of an infectious substance and a biological product.

b. Education on appropriate hazardous material packaging and labeling.

c. Requirements for the appropriate receipt of the packages including procedures for the completion and disposition of the shipping manifest.

d. The use of appropriate containers to transport specimens between the origination point to the transport motor vehicle and, likewise, from the transport motor vehicle to the destination point.

e. Appropriate installation, use and security of environmental temperature control devices that maintain ambient, refrigerated, frozen or incubated conditions in order to insure the integrity of the specimens and avoid loss or breakage of the containers.

f. Identification of specimens requiring environmental temperature control storage.

g. Certified education (hazmat training) on appropriate decontamination and notification procedures in case of accident or spills. This includes the identification and appropriate use of personal protective equipment and the use of mitigation and disinfection products.

h. Education on procedures for hazardous spill communication, i.e. contact telephone numbers.

i. Education on the protection of the privacy and confidentiality of the personally-identifiable information.

3. DELIVERABLES DURING RAMP UP PERIOD

Contractor shall begin performance of all courier routes sixty (60) days after the date of contract award.

Contractor is required to participate in a post award conference call within 3 calendar days after contract award. The purpose of this call will be to introduce key administrative / management and operations personnel of both Government and the Contractor who will be working together during the performance of this contract. Additionally, Contractor shall discuss and provide a copy of their implementation plan, providing dates for key milestones.

Contractor is required to participate in an additional conference during weeks 3-4 (21-28 days) post award. The purpose of this meeting is to review and discuss the contract requirements and performance expectations, and for the contractor to provide instructions to the Government on how they would like each item prepared to include packaging and/or labeling requirements, etc.

Contractor is required to perform at least one (1) successful dry run of each courier route no less than ten (10) days prior to the required start date of courier services to ensure compliance with the pickup and delivery timeframes. Additionally, this dry run will serve as an introduction for contractor and laboratory personnel.

[End of Performance Work Statement]

SPECIAL CONTRACT REQUIREMENTS

1. SERVICES

The services specified herein may be changed by written modification to this contract. The VA Contracting Officer will prepare the modification (reference FAR clause 52.212-4(c), Changes) and, prior to becoming effective, shall be signed by both parties. Only the Contracting Officer is authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

This is a non-personal services contract as defined in FAR 37.101. There is no employer-employee relationship between the Government and the contractor or the contractor’s employee(s). Contractor personnel are not subject to the supervision and control of a Government officer or employee. Rather contractor personnel perform their duties in accordance with the Statement of Work/Performance Work Statement. Supervisory functions such as hiring, firing, directing, and counseling of contractor personnel are not performed by the Government. Contractor personnel who furnish services under this contract are subject to Government technical oversight of the services. The Government retains the right to reject services for contractual non-performance.

Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

The Service Contract Act (of 1965) applies to this contract. The Department of Labor Wage Determination will apply to any resulting contract and are included as attachments in Section D:

2. TERM OF THE CONTRACT

This contract is effective for a base period of approximately 8 months from date of award, including any exercised options. The contractor shall perform no services beyond the base period until the contracting officer authorizes such services in writing.

Availability of Funds during a Continuing Resolution

At the beginning of each new fiscal year (October 1st) the federal government or parts thereof may be operating under a Continuing Resolution (CR) and only be funded for a limited period of time rather than for the entire fiscal year. If, at any time, funds for this contract are provided under a CR, funds will only be available for performance under this contract up to and including the expiration date of the CR, and any extension thereof. 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 the expiration date of the CR, and any extension thereof, until funds are made available to the contracting officer for performance and until the contractor receives notice of availability.

3. FEDERAL HOLIDAYS

The 10 holidays observed by the Federal Government are: New Year’s Day (January 1st), Martin Luther King’s Birthday (3rd Monday in January), Presidents’ Day (3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 11), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25th) and any other day specifically declared by the President of the United States to be a national holiday.

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

4. QUALIFICATIONS & PERSONNEL

Contractor shall have at least one year experience in transporting biomedical materials and is responsible for obtaining all necessary licenses, permits, and/or certifications to provide the safe transportation of all items covered by this contract.

Personnel assigned by the contractor to perform the services covered by this contract shall be proficient in written and spoken English (38 USC 7402). Contractor representatives shall demonstrate appropriate professionalism/behavior, ethical behavior, and customer service in providing contracted courier services.

Contractor shall obtain all local, State and Federal government licenses, passes and permits necessary to enter the government installation(s) to include motor vehicle registration and insurance, as required by the Government installation.

Contractor representatives entering any Government facility must be attired in a contractor-issued uniform that bears the name of the Contractor‘s company. In addition, the Contractor representative shall prominently display a contractor-issued identification badge.

Any new requirements for mandatory education and/or competency reassessment, which occur during contract performance, must be completed by the individual contractor employee(s) within established timeframes.

5. Health and Human Services/Office of Inspector General (HHS/OIG)

To ensure that the contractor is providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (https://oig.hhs.gov) for each contractor providing services under this contract. Further, the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

6. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996 (HIPAA)

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor is not required to enter into a Business Associate Agreement (BAA) with the Government.

7. CONFIDENTIALITY OF PATIENT RECORDS

The Contractor is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7332. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

8. DESIGNATION OF CONRACT REPRESENTATIVE

The Business Manager, PaLMS, VISN 12, will be designated as the Lead Contracting Officer Representative (COR) of this contract, with additional site-specific CORs being assigned once the contract has been awarded. Names will be provided to the Contractor upon award. The government representative of the Contracting Officer will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer.

9. CONTRACT PERFORMANCE MONITORING

The Contracting Officer's Representative (COR) will be responsible for verifying contract compliance. COR will designate appropriate VA personnel to monitor services through one or a combination of the following mechanisms:

a. Departments being served will monitor Contractor to ensure that services called for in the contract have been received by Government. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

b. Documentation of services performed will be reviewed prior to certifying payment. The COR will perform periodic spot checks and document with the using service to ensure records monitoring. VA will pay only for services actually provided, and in strict accordance with the Price Schedule. Contract monitoring and recordkeeping procedures will be sufficient to ensure proper payment and allow audit verification that services were provided.

c. The site specific CORs, through the Lead COR, will provide a written statement annually to the Contracting Officer to include a summary of Contractor actions and a statement that all requirements of the contract have been fulfilled as agreed. This summary evaluation will be submitted 45 days prior to expiration of contract (and/or prior to election of option year renewals, if applicable).

10. QUALITY ASSURANCE MONITORING

Contractor shall maintain a Quality Assurance Program related to the Laboratory Courier services covered under this contract. Specifically, the program shall identify and correct transportation issues.

Contractor must also provide a written report of any non-compliance with contract requirements, which includes describing the circumstances regarding the non-compliance and the corrective action.

The contractor will meet or communicate with the facility/VISN 12 staff for process review and improvement of contract performance on an as needed basis.

The Contractor shall grant access to the Government to physically inspect the courier contractor and courier motor vehicles at any time. The Government will not be liable for any expenses incurred by the contractor as a result of these inspections.

Quality factors that VA may consider when monitoring courier services may include, but are not limited to: security/privacy, infection control, availability, adverse event reporting, specimen integrity, timeliness, etc.

Because these courier services are critical to the accurate diagnosis of patients’ health, contractor’s failure in meeting these performance objectives may result in termination of the contract.

Table 1, Performance Standard Matrix

PERFORMANCE OBJECTIVE

Tasks:

PERFORMANCE

STANDARD

ACCEPTABLE

(MINIMAL)

QUALITY

LEVEL

(AQL)*1

MONITORING

METHOD

INCENTIVES

NOTE 1: AQL’s of 100% are based on the fact that all circumstances outside of the contractor’s control have been accounted for in the performance work statement. For instance, loss or destruction of specimens and missed routes are “justified” in the case of force majeure events and therefore are not included in determining the contractor’s acceptable quality level of performance.

Missed or late routes cause considerable disruption of professional personnel, medical care and patient testing and scheduling. Likewise, lost or destroyed specimens will require additional medical procedures and delayed health care. If the Contractor believes there are excusable circumstances, the Contractor shall inform the CO and the Lead COR.

11. PROHIBITION OF CONTRACT PERFORMANCE OUTSIDE THE U.S.

The entire performance of the contract shall be within the borders of the United States of America, the District of Columbia and/or Puerto Rico. The Contractor shall not access any VA data/information (for example, by remote computer access) from locations that are outside the above-stated borders. Furthermore, the Contractor shall not send, transfer, mail or otherwise transmit any VA data/information to locations outside the above-stated borders.

12. CONTRACTOR CERTIFICATION

Citizenship-Related requirements: Contractor must adhere to and return the signed certification Attachment B found in Section D of this solicitation. This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecutions under 18 U.S.C. 1001.

13. REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed the thresholds outlined in FAR Part 42.15, and shares those evaluations with other Federal Government contract specialists and procurement officials through the Past Performance Information Retrieval System (PPIRS). The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to the posting of each report. To fulfill this requirement VA uses an online database, the Contractor Performance Assessment Reporting System (CPARS). The CPARS database information is uploaded to the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

Each contractor whose contract award is estimated to exceed the thresholds outlined in FAR Part 42.15 is required to provide to the contracting officer contact information for the contractor’s representative with their response to the solicitation. The contractor is responsible to notify the contracting officer of any change to the contractor’s representative during the contract performance period. Contractor’s representative contact information consists of a name and email address.

The Government will register the contract within thirty days after contract award. For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Intermediate reports will be filed each year until the last year of the contract, when the final report will be completed. Each report shall be forwarded in CPARS to the contractor’s designated representative for comment. The contractor’s representative will have thirty days to submit any comments and return the report to the VA contracting officer. Failure by the contractor to respond within those thirty days will result in the Government’s evaluation being placed on file in PPIRS without contractor’s comments.

[End of Special Contract Requirements]

CONTRACT SECURITY REQUIREMENTS

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. SECURITY TRAINING

Due to the increased emphasis on privacy and information security, the following special contract requirements are established and hereby made part of the contract entered into with the Department of Veterans Affairs. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted to VA information and its systems:

a. Privacy Training: Contractor and their sub-contractors assigned work under the contract are required to receive annual training on patient privacy as established by HIPAA statues. Training must meet VHA’s and the Department of Health and Human Services Standards for Privacy of Individually-identifiable health information. Contractor shall provide documented proof to the VA upon request that all employees assigned work and/or having access to Protected Health Information have received annual training. For contractors and sub-contractors who do not have access to VHA computer systems, this requirement is met by receiving VHA National Privacy Training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS standards.

b. VA Information Security Training: Each contractor assigned work under the contract is required to receive and document completion of VA training on Information Security. Contractor shall provide documented proof to the assigned VA Information Security Officer prior to access being granted, and yearly after that, for all contractor employees servicing a VA contract.

Failure to complete the mandatory annual training 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.

Information on fulfilling the training requirements as stated in paragraphs 1-2 can be found at the VA Talent Management System (TMS) at https://www.tms.va.gov/plateau/user/login.jsp. Once there, you should follow the steps to create an account, launch the mandatory training, and complete the content. The training will provide information regarding privacy, information security, rules of behavior, and other pertinent topics relevant to your work at the VA. If you experience any difficulty creating an account or completing the mandatory content, contact the VA MSE Help Desk at 1.888.501.4917 or via email at VAMSEHelp@gpworldwide.com.

No Certification and Accreditation (C&A) or Memorandum of Understanding or Interconnection Agreement (MOU/ISA) is required. Sensitive information exposure as part of this contract involves applicable security controls within the facility as part of the VA Information Security Program.

As reviews and updates to policies and procedures covering contractor computer access and security requirements are completed and may change during the term of this contact, new policies and procedures may be implemented unilaterally during the term of this contract.

3. 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 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.

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.

4. LIQUIDATED DAMAGES FOR DATA BREACH

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.

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.

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

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

b. Description of the event, including:

(1) date of occurrence;

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

c. Number of individuals affected or potentially affected;

d. Names of individuals or groups affected or potentially affected;

e. 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;

f. Amount of time the data has been out of VA control;

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

h. Known misuses of data containing sensitive personal information, if any;

i. Assessment of the potential harm to the affected individuals;

j. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

k. 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.

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:

a. Notification;

b. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

c. Data breach analysis;

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

e. One year of identity theft insurance with $20,000.00…