36C25520Q0076 - PB Courier Service.docx
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- Provide Courier Services between John J. Pershing VAMC, VA Admin Building, and Community Based Outpatient Clinics Federal contract opportunity
- Solicitation number
- 36C25520Q0076
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| 36C25520Q0076-0001000.docx | DOCX document | |
| 36C25520Q0076-012.pdf | ||
| 36C25520Q0076-013.pdf | ||
| 36C25520Q0076-011.pdf | ||
| 36C25520Q0076-009.docx | DOCX document | |
| 36C25520Q0076-010.pdf | ||
| 36C25520Q0076-014.pdf |
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36C25520Q0076
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
12-30-2019 Khamoy.Sysengchanh@va.gov 913-946-1975 01-17-2020
11:59 PM
36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway
Leavenworth KS 66048
X
492110 1500 Employees
N/A
John J. Pershing VA Medical Center
1500 North Westwood Blvd.
Poplar Bluff MO 63901 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway
Leavenworth KS 66048
36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp
Austin TX 877-353-9791 512-460-5429
See CONTINUATION Page John J. Pershing VA Medical Center - Poplar Bluff, MO Courier Services between VA Medical Center and CBOC's
1. This is a %100 set aside for Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB).
2. It is anticipated the government will award a Firm-Fixed Price, Indefinite-Delivery, Indefinite-Quantity contract.
3. Contractor shall provide all labor, material, equipment, and supplies according to the Statement of Work.
4. It is anticipated that the awarded contract will be for a base year and four (4) option years. The base and all option years combined will be the basis for award.
5. See Section E.1 and E.2 52.212-1: Instructions to Offerors.
See CONTINUATION Page
2(Two)
Frank Novello Contracting Officer
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 STATEMENT OF WORK (SOW) | 6 |
| B.3 SCHEDULE OF PRICE AND DELIVERY | 26 |
| SECTION C - CONTRACT CLAUSES | 31 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 31 |
| C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 37 |
| C.3 52.216-18 ORDERING (OCT 1995) | 37 |
| C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) | 37 |
| C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 38 |
| C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 38 |
| C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 39 |
| C.8 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01) | 39 |
| C.9 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 40 |
| C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS | 41 |
| C.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 41 |
| C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991) | 41 |
| C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 42 |
| C.14 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) | 42 |
| C.15 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) | 42 |
| C.16 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION) | 45 |
| C.17 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 47 |
| C.18 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018) | 47 |
| C.19 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 48 |
| C.20 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 49 |
| C.21 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019) | 49 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 58 |
| WAGE DETERMINATIONS INCORPORATED BY REFERENCE | 58 |
| SECTION E - SOLICITATION PROVISIONS | 60 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 60 |
| E.2 ADDENDUM to FAR 52.212-1: Instructions to Offerors | 64 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 65 |
| E.4 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) | 67 |
| E.5 52.233-2 SERVICE OF PROTEST (SEP 2006) | 67 |
| E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 68 |
| E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 68 |
| E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 69 |
| E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 69 |
| E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 70 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
(continuation from Standard Form 1449, block 18A.)
(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:
| (1). CONTRACTOR: | ____________________________________ | ||||
| ____________________________________ | |||||
| ____________________________________ | |||||
| ____________________________________ | |||||
| DUNS: | ____________________________________ | ||||
| Tax Identification Number (TIN): | ____________________________________ |
| Contact person name: | ____________________________________ | |
| Contact person email: | ____________________________________ | |
| Contact person telephone: | ____________________________________ |
| (2). GOVERNMENT: | DEPT. OF VETERANS AFFAIRS |
| Veterans’ Health Administration | |
| Network Contracting Office (NCO) 15 | |
| Contracting Officer: Frank Novello | |
| 3450 S 4th St. | |
| Leavenworth KS 66048 |
(b). CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
(c). INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Monthly, in arrears for services furnished during the previous month. |
(d). 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.
Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX (e). GOVERNMENT INVOICE ADDRESS: Invoices will be provided in accordance with the requirements listed in FAR 52.212-4, Commercial Items – Terms and Conditions, (MAY 2014), (g) Invoice; and VAAR 852.232-72 Electronic Submission of Payment Request (NOV 2012); electronically to:
| Department of Veterans Affairs |
| Financial Services Center |
| http://www.fsc.va.gov/einvoice.asp |
| Austin TX |
(f). REFERENCE NUMBERS: Please reference both the Task Order number (to be assigned) and the Purchase Order Number (to be assigned) on all correspondence and invoices. If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.
(g). AUTHORIZATIONS:
(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:
(A). Contract prices, (B). Quality, (C). Quantities, or (D). Delivery terms and conditions.
(2). Contracting Officer Representatives (COR) and Alternate Contracting Officer’s Representatives (Alt-COR) may be assigned to this contract. The COR and Alt-COR shall be provided specific written delegated authority by the CO, a copy of which will be provided to the Contractor.
(h). CHANGES TO THE CONTRACT: No individual or activity has authority to ADD, DELETE, CHANGE, OR MODIFY this contract of issued orders except by the CO or by written authority specifically delegated by the CO.
(i). CONTRACT TIME PERIOD:
(1). It is anticipated that the contract will be for a Base Year and Four (4) Option Years, which will be exercised at the discretion of the Government. The estimated contract Base year period of performance shall commence on or about March 1, 2020 and expire February 28, 2021.
(j). VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUL 2018).
This solicitation includes VAAR Clause 852.219-10 and 852.219-11 – VA Notice of Total Serviced-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) Set-aside. Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 STATEMENT OF WORK (SOW)
Courier Services John J. Pershing VA Medical Center 1500 North Westwood Blvd. Poplar Bluff, MO 63901
1. Scope: Contractor shall furnish all vehicles and personnel necessary to perform Courier Services in strict accordance with all terms, conditions, provisions, and specifications of this statement of work between the John J. Pershing VA Medical Center (located at 1500 North Westwood Blvd, Poplar Bluff, MO 63901, Community Based Outpatient Clinics (CBOC) and VA Admin Building at:
· VA Clinic, 2420 Linwood Dr. Suite 3, Paragould AR 72450
· VA Outpatient Clinic, 1801 E. State Route K, West Plains, Mo 65775
· VA Clinic ,1580 W Columbia, Farmington Mo. 63640
· VA Clinic, 3051 Williams, Cape Girardeau, MO 63703
· VA Clinic, 903 S. Kings Highway, Sikeston, MO 63801
· VA Clinic, 300 Camp Road, Pocahontas, AR 72455
· VA Admin Building (Cripple Creek), 2965 Kanell Blvd, Poplar Bluff, MO 63901 Services shall include the transportation of all laboratory specimens (blood/body fluids), mail, office supplies, documents, medical records, x-rays, medical and prosthetic supplies, all medical supplies will be in totes, all other hand carried materials or items capable of being carried by a two wheeled cart. Some medical supplies could be blood pressure machines that are on a stand, walkers, wheelchairs. There is time that we do send refreshment and other food items to the areas and this needs to transported as well. Contractor shall furnish all equipment, vehicles, fuel, labor, meals, lodging, and relating items in conjunction to the performance of courier services. Services shall be provided daily, Monday through Friday, except for Government Holidays.
Pick up lab specimens and transport to another facility within 30-mile radius. This will be on call as needed basis. Response time to the facility will be within 45 minutes to pick items up that needs to be transported.
2. Some specifications on items to be transported:
· Laboratory specimens in a climate controlled environment throughout transportation. The temperature control environment should have the availability for <0°C for frozen specimens, 2-10°C for refrigerated samples, and15-30°C for room temperature samples, with records available of monitoring for laboratory inspections. VA Lab is to provide the coolers that are climate controlled.
· Laboratory specimens, i.e. body fluids, will be properly packaged by VA personnel for transportation and will be placed in containers that meet all regulatory requirements for category B biological specimens provided by the contractor.
· Supplies in envelopes approximately 8” x 11”, 10” x 14”, and boxes approximately up to 27 /12 L x 21 1/2W x 16 H. Occasionally, containers may be larger or in bags. Average weight of boxes is approximately 30-40 lbs.
· There will be locked mail bags that will be transported to and from the areas. The couriers are to ensure the bags are locked before they accept them. If they are not locked, they will need to refuse them and call the COR.
· All items above are to be transported the day they are ready to go out, so the courier needs to have an appropriate size vehicle to accommodate.
3. Response Time and Days of Service:
| a. Contractor’s employee shall report to the John J. Pershing Laboratory and Warehouse (Building 23) daily (Monday thru Friday) to pick up all items ready for shipment. Items shall be picked up by 10:00 am and delivered to the CBOC between 1 to 2 pm the same day. There will be an exception with the Cripple Creek (VA Admin Bldg), Pocahontas, and Paragould route as the courier must pick up the mail from the mail room and items from the Warehouse to go to Cripple Creek (VA Admin Bldg) then bring items back before he/she goes to Paragould and Pocahontas CBOC’s. The Contractor will have a mechanism for tracking deliveries. If items are not delivered to the CBOC, and there is documentation of pickup through Contractor’s employee signature, then Contractor shall be required to return for items not delivered with no additional charges to VA. |
| b. All items coming from the CBOC’s to John J. Pershing VA will be delivered to Lab, Logistics warehouse or Logistics area, mail room or anywhere else they need delivery to no later than 5 pm the same day. If there are issues, the courier will call the COR or Logistics and let them know so the areas such as Lab or the CBOC’s know and can plan accordingly. |
| c. New Year’s Day, Martin Luther King Jr., President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas. Pickup services will not be required for the CBOCs for these Federal Holidays. The Contractor shall call and verify days around the major holidays. |
4. Lost, Stolen or Damaged Items:
| a. Contractor shall make all reasonable provisions to protect items being transported against loss. Should an item be lost or stolen while in the Contractor’s possession, the Contractor shall reimburse JJPVAMC for the cost of the package or envelope and its contents. |
| b. Should an item become damaged beyond use, the Contractor shall reimburse JJPVAMC for the cost of the item. |
5. Contractor Qualifications:
| a. The Contractor shall have all necessary licenses and follow all applicable federal, state and/or local regulations regarding the requested transportation services. |
| b. Contractor shall be established in the business called for and be financially responsible. |
| c. Contractor shall have the necessary equipment and personnel to furnish the service in the volume and consistency required. |
| d. Contractor is required to provide specific training to their employees on proper requirements for shipping and transportation of biological specimens and provide documentation to JJPVAMC as requested. |
| e. Upon award of contract, Contractor shall provide a list of personnel to contact in case of emergency. The list shall include names, phone numbers and pager numbers. |
| f. The vehicle and storage areas in the performance of this contract shall be licensed and meet any minimum applicable requirements mandated by the State of Missouri and Arkansas. |
| g. The vehicle shall be clean and no passenger or animals allowed during transport of any John J. Pershing VA Medical Center items. |
6. Point of Contact: COR for this contract is TBD (email/phone).
7. Invoices/Billing: The Contractor shall furnish a detailed invoice indicating work performed with an itemized listing of all associated costs, monthly in arrears. Invoices shall be submitted to:
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin, TX 78714-8971
Payment will be withheld pending receipt of a properly prepared invoice. The invoice must contain, at a minimum, the following information:
| a. The date of work completed. |
| b. Contract Number assigned. |
c. Purchase Order number.
8. Special Requirements:
| a. Qualification of Offerors: Offers will be considered only from offeror who are regularly established in the performance of courier services or are able to perform such services and who, in the judgment of the contracting officer, are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service. The Offeror shall be licensed by the State or Local health authority in those localities where licenses are required. |
| b. Inspection of Offeror’s Facilities: The Contracting Officer or his/her designee reserves the right to thoroughly inspect and investigate the Contractor’s establishment, facilities, business reputation, and procedures for carrying out the work/services of this contract to assure acceptable performance and compliance with the terms and conditions of this contract. At any time, the courier’s vehicles can be inspected to ensure they are meeting the John J. Pershing VA requirement as stated above. |
| c. Call-Back Requirement: The Contractor shall within thirty (30) minutes after receipt of notification by the COR or his/her designee, re-perform the services of this contract when it is determined that unsatisfactory performance has been received, at no additional charge to the Government. |
| d. Required Contractor Reporting: Contractor shall be responsible for supplying, completing, and submitting all reports required and or requested by any Federal, State, and or Local government agency, as required by laws, ordinances, and/or regulations, that pertain to the supplies and services provided under this contract. All correspondence relative to this contract (i.e. invoice, inquiry, etc.) shall contain the contract number, facility name, and description of services performed. |
| e. Contractor’s Employees: Contractor’s employees, while performing the services of this contract, shall conduct themselves in a professional businesslike manner. The CO reserves the right to restrict any contractor employee from performing the services of this contract with the determination made in writing. The Government shall be the sole judge for this determination, which shall be provided in writing to the contractor. Smoking is not permitted in or on any government property. Vehicle operations shall observe and abide by all signage, speed limits, pedestrian right-of-ways, emergency vehicle right-of-ways, and designated roadways to collection sites. |
| f. Interruption of Work: Contractor’s personnel shall be required to interrupt the performance of the services of this contract at any time to prevent the interference of operations of the Medical Center, to include the right of way passage for patients, staff, personnel, visitors, equipment, carts, fire protection systems, emergency vehicles, and utility services. |
| g. Contractor shall provide and maintain training for its employees in appropriate safety and packaging procedures suitable to specimen type and distances transported. This should include issues such as adherence to regulations for transport of biohazards, use of rigid containers where appropriate, temperature control, notification procedures in case of accident or spills, etc. Upon request by the Contracting Officer Representative (COR) or designee, contractor shall provide documentation certifying that training has been provided to contractor’s employees. Reference: International Air Transport Association (IATA) Dangerous Goods Regulations and US Department of Transportation Transporting Infectious Substances Safety, guide to 10/1/2006. |
| h. Upon request of the Contracting Officer, offeror shall be able to show evidence of his/her reliability, ability, and experience by furnishing a list of personnel who will perform under this contract, showing the length and type of experience. |
| i. Ability to meet the foregoing experience requirements and the adequacy of the information submitted will be considered by the Contracting Officer in determining the responsibility of the offeror. |
| j. The contract resulting from this statement of work has been identified as requiring a Business Associate Agreement as defined in Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191. A sample template of this agreement is enclosed herein and identified as Attachment III. |
| k. Contractor shall have back up/contingency plan for disasters, emergencies, call in to ensure they can meet the needs of John J. Pershing VAMC. |
9. Service Contract Act of 1965: All service employees who will be employed in the performance of the contract awarded as a result of this statement of work shall be paid no less than the wages shown on the Wage Determination which is incorporated and made a part of this statement of work and resulting contract.
10. The Joint Commission Competency Requirements: The Contractor shall be responsible to ensure that contractor employees coming to the work site shall receive the information required to perform their duties.
| a. Contractor shall attend a pre-work orientation meeting prior to the commencement of work on site. This training will be documented and updated yearly. The VA shall schedule this meeting and it shall include discussion of the following topics: (VA shall provide information to the contractor regarding these topics and shall document the meeting.) |
| Fire and Safety |
| Infection Control |
| Disaster Procedures |
| Privacy and HIPPA Training |
| Other |
| b. Contractor shall be responsible to ensure that Contractor’s employees coming to work site shall receive the information above. |
| c. Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work. |
11. VISN 15 Personal Security Verification (PIV) Card and/or Security Badge Requirements for Contractor Employees:
(a) Definitions. As used in this clause – Access means routine, unescorted physical entry into, and to the extent authorized, mobility within a Government facility. Also, it means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information technology.
Contractor employee means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the contractor is associated. It also includes consultants engaged by any of those entities.
Facility and Government facility mean buildings, including areas within buildings, owned, leased, shared, occupied, or otherwise controlled by the federal government.
Information technology means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major systems/applications and general support systems as defined by OMB Circular A-130, owned by VA or owned and operated on VA’s behalf by another party.
(b) Access to VA Facilities or Systems.
(1) General. The performance of this contract requires contractor employees to have routine, unescorted access to VA facilities. All such employees who do not already possess a current Security Badge or PIV Card acceptable to VA shall be required to provide personal information, undergo an FBI National Criminal History Fingerprint Check, and obtain a Security Badge or PIV Card prior to being permitted access to any such facility in performance of this contract. No contractor employee will be permitted routine, unescorted access to a VA facility without a proper Security Badge or PIV Card.
(2) Citizenship-related requirements. If required by the contract, each affected contractor employee as described in paragraph (a) shall be a United States (U.S.) citizen. Otherwise, each affected contractor employee as described in paragraph (a) shall be:
(A) A United States (U.S.) citizen; or
(B) A national of the United States (see 8 U.S.C. 1408); or
(C) An alien lawfully admitted into the United States for permanent residence as evidenced by an Alien Registration Receipt Card Form I–151.
(3) Background information.
(A) Each contractor employee that has access to VA facilities or systems shall complete the attached Special Agreement Check (SAC) worksheet and deliver to the VA office responsible for fingerprinting and processing contractor employees. The Contracting Officer’s Representative will provide instructions to the contractor regarding the local procedures for fingerprinting and obtaining a Security Badges or PIV card.
(B) After completion of the fingerprint check, the Contracting Officer Representative will notify the contractor in writing or by phone if any contractor employee is determined to be unsuitable to be given access to a government facility or VA system. If so notified, the contractor shall not allow such employees to perform work on this contract.
(4) Security Badge or PIV Cards.
(A) VA will issue a Security Badge or Non-PIV Card to each contractor employee who is to be given routine, unescorted access to VA facilities or access to VA systems and does not already possess a Security Badge or Non-PIV VA will not issue the Security Badge or Non-PIV Card until the contractor employee has successfully cleared the FBI National Criminal History Fingerprint Check.
(B) Security Badge or Non-PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their Security Badge or Non-PIV Cards on their persons at all times while working in a VA facility and shall present their cards for inspection upon request by VA officials or VA security personnel.
(C) The contractor shall be responsible for all Security Badge or Non-PIV Cards issued to the contractor’s employees and shall immediately notify the Contracting Officer Representative if any Security Badge or Non-PIV Card(s) cannot be accounted for. The contractor shall notify the Contracting Officer Representative immediately whenever any contractor employee no longer has a need for his/her VA-issued Security Badge or Non-PIV Card (e.g., employee terminates employment with the contractor, employees’ duties no longer require access to VA facilities). In such cases, the Contracting Officer Representative will instruct the contractor on how to return the Security Badge or Non-PIV Card. Upon expiration of this contract, the Contracting Officer Representative will instruct the contractor on how to return all VA-issued Security Badge or Non-PIV Cards not previously returned. The contractor shall not return Security Badge or Non-PIV Cards to any person other than the individual(s) named by the Contracting Officer Representative.
(5) Control of access. VA shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to VA facilities and systems. The Contracting Officer will notify the contractor immediately when VA has determined that an employee is unsuitable or unfit to be permitted access to a VA facility or system. The contractor shall immediately notify such an employee that he/she no longer has access to any VA facility or system, shall retrieve the employee’s Security Badge or Non-PIV Card from the employee, and shall provide a suitable replacement employee in accordance with the requirements of this clause. The Government may not be able to give the contractor the reason for requiring the removal of the unsuitable contractor employee. The Government shall not be responsible for any costs incurred by the contractor as a result of removing such employee from the subject contract.
(6) Termination. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for default.
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS
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.
1. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
1. 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.
1. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
1. VA INFORMATION CUSTODIAL LANGUAGE
1. 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).
1. If VA determines that the contractor has violated any of the information confidentiality, privacy, security, and other 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.
1. SECURITY INCIDENT INVESTIGATION
1. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
1. 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.
1. 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.
1. 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.
1. LIQUIDATED DAMAGES FOR DATA BREACH
1. 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.
1. 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.
1. 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.
1. 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.
1. TRAINING
1. 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. Successfully complete the appropriate VA privacy training and annually complete required privacy training (See below training); and
1. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access
1. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
1. 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.
7. ADDITIONAL REQUIREMENTS
a. The COR is responsible for coordinating with the Police prior to contractor arrival to identify the names of contractor personnel so that Police can ensure sufficient number of contractor badges are available for issuance prior to beginning work. COR is also responsible for signing out and signing in temporary contractor badges.
b. The COR is also responsible for maintaining copies of signed Privacy training for all contractors according to RCS 10-1.
c. Any work performed outside of official VA business hours after hours will require escorts.
d. Escort duties for un-cleared contractors are strictly limited to government officials, specifically VA employees. At no time are contractors allowed to escort other contractors.
VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information
The Department of Veterans Affairs, VA must comply with all applicable privacy and confidentiality statutes and regulations. One of the requirements in VA is to have all personnel trained annually on privacy requirements. “Privacy” represents what must be protected by VA in the collection, use, and disclosure of personal information whether the medium is electronic, paper or verbal.
This document satisfies the “basic” privacy training requirement for a contractor, volunteer, or other personnel only if the individual does not use or have access to any VA computer system such as Time and Attendance, PAID, CPRS, VistA Web, VA sensitive information or protected health information (PHI), whether paper or electronic. You will find this training outlines your roles and responsibility for protecting VA sensitive information (medical, financial, or educational) that you may incidentally or accidentally see or overhear.
If you have direct access to protected health information or access to a VA computer system where there is protected health information such as CPRS, VistA Web, you must take “Privacy and HIPAA Focused Training” (TMS 10203). “VA Privacy and Information Security Awareness and Rules of Behavior” (TMS 10176) is always required in order to use or gain access to a VA computer systems or VA sensitive information, whether or not protected health information is included. Both trainings are located within the VA Talent Management System (TMS): https://www.tms.va.gov.
What is VA Sensitive Information/Data?
All Department information and/or data on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes not only information that identifies an individual but also other information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, and records about individuals requiring protection under applicable confidentiality provisions.
What is Protected Health Information?
The HIPAA Privacy Rule defines protected health information as Individually Identifiable Health Information transmitted or maintained in any form or medium by a covered entity, such as VHA.
What is an “Incidental” Disclosure?
An incidental disclosure is one where an individual’s information may be disclosed incidentally even though appropriate safeguards are in place. Due to the nature of VA communications and practices, as well as the various environments in which Veterans receive healthcare or other services from VA, the potential exists for a Veteran’s protected health information or VA sensitive information to be disclosed incidentally.
For example:
· You overhear a healthcare provider’s conversation with another provider or patient even when the conversation is taken place appropriately.
· You may see limited Veteran information on sign-in sheets or white boards within a treating area of the facility.
· Hearing a Veteran’s name being called out for an appointment or when the Veteran is being transported/escorted to and from an appointment.
Safeguards You Must Follow To Secure VA Sensitive Information:
· Secure any VA sensitive information found in unsecured public areas (parking lot, trash can, or vacated area) until information can be given to your supervisor or Privacy Officer. You must report such incidents to your Privacy Officer timely.
· Don’t take VA sensitive information off facilities grounds without VA permission unless the VA information is general public information, i.e., brochures/pamphlets.
· Don’t take pictures using a personal camera without the permission from the Medical Center Director.
· Any protected health information overheard or seen in VA should not be discussed or shared with anyone who does not have a need to know the information in the performance of their official job duties, this includes spouses, employers or colleagues.
· Do not share VA access cards, keys, or codes to enter the facility.
· Immediately report lost or stolen Personal Identity Verification (PIV) or Veteran Health Identification Cards (VHIC), any VA keys or keypad lock codes to your supervisor or VA police.
· Do not use a VA computer using another VA employee’s access and password.
· Do not ask another VA employee to access your own protected health information. You must request this information in writing from the Release of Information section at your facility.
What are the Six Privacy Laws and Statutes Governing VA?
1. Freedom of Information Act (FOIA) compels disclosure of reasonably described VA records or a reasonably segregated portion of the records to any person upon written request unless one or more of the nine exemptions apply.
1. Privacy Act of 1974 provides for the confidentiality of personal information about a living individual who is a United States citizen or an alien lawfully admitted to U.S. and whose information is retrieved by the individual’s name or other unique identifier, e.g. Social Security Number.
1. Health Insurance Portability and Accountability Act (HIPAA) provides for the improvement of the efficiency and effectiveness of health care systems by encouraging the development of health information systems through the establishment of standards and requirements for the electronic transmission, privacy, and security of certain health information.
1. 38 U.S.C. 5701 provides for the confidentiality of all VA patient and claimant information, with special protection for their names and home addresses.
1. 38 U.S.C. 7332 provides for the confidentiality of drug abuse, alcoholism and alcohol abuse, infection with the human immunodeficiency virus (HIV) and sickle cell anemia medical records and health information.
1. 38 U.S.C. 5705 provides for the confidentiality of designated medical-quality assurance documents.
What are the Privacy Rules Concerning Use and Disclosure?
You are not authorized to use or disclose protected health information. In general, VHA personnel may only use information for purposes of treatment, payment or healthcare operations when they have a need-to-know in the course of their official job duties. VHA may only disclose protected health information upon written request by the individual who is the subject of the information or as authorized by law.
How is Privacy Enforced?
There are both civil and criminal penalties, including monetary penalties that may be imposed if a privacy violation has taken place. Any willful negligent or intentional violation of an individual’s privacy by VA personnel, contract staff, volunteers, or others may result in such corrective action as deemed appropriate by VA including the potential loss of employment, contract, or volunteer status.
Know your VA/VHA Privacy Officer and Information Security Officer. These are the individuals to whom you can report any potential violation of protected health information or VA sensitive information, or any other concerns regarding privacy of VA sensitive information.
YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIAL INFORMATION OF OUR VETERANS
| __________________________________________ | ________________ | |
| Employee (Print Name) | Date |
Employee Signature
Print Name of Contract Agency, if contractor
Print Name of VHA Department/Supervisor/Local COR
PROVIDE A COPY OF THIS FORM TO YOUR SUPERVISOR/LOCAL COR
B.3 SCHEDULE OF PRICE AND DELIVERY
Base Year: 03/01/2020 through 02/28/2021
| CLIN |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Amount |
0001 40 EA $ $
TRANSPORT PATIENT LAB SPECIMENS TO AND FROM LOCAL FACILITIES WITHIN 30 MILE RADIUS OF POPLAR BLUFF. THIS IS A ON CALL 24 HOUR, 7 DAYS A WEEK, 365 DAYS A YEAR. 45 MINUTES RESPONSE TIME.
0002 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN CAPE GIRARDEAU, MO AND SIKESTON, MO. (This will be a single trip covering both CBOCs)
0003 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN PARAGOULD, AR AND POCAHONTAS, AR. COURIER WILL GO TO CRIPPLE CREEK OFFICES LOCATED AT 2965 KANELL BLVD, POPLAR BLUFF, MO DELIVER MAIL AND OTHER SUPPLIES, THEN BRING ITEMS BACK TO THE VA, THEN GO TO THE CBOC'S. (This will be a single trip covering all locations)
0004 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN WEST PLAINS, MO.
0005 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN FARMINGTON, MO.
Base Year Total: $
Option Year 1: 03/01/2021 through 02/28/2022
| CLIN |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Amount |
1001 40 EA $ $
TRANSPORT PATIENT LAB SPECIMENS TO AND FROM LOCAL FACILITIES WITHIN 30 MILE RADIUS OF POPLAR BLUFF. THIS IS A ON CALL 24 HOUR, 7 DAYS A WEEK, 365 DAYS A YEAR. 45 MINUTES RESPONSE TIME.
1002 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN CAPE GIRARDEAU, MO AND SIKESTON, MO. (This will be a single trip covering both CBOCs)
1003 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN PARAGOULD, AR AND POCAHONTAS, AR. COURIER WILL GO TO CRIPPLE CREEK OFFICES LOCATED AT 2965 KANELL BLVD, POPLAR BLUFF, MO DELIVER MAIL AND OTHER SUPPLIES, THEN BRING ITEMS BACK TO THE VA, THEN GO TO THE CBOC'S. (This will be a single trip covering all locations)
1004 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN WEST PLAINS, MO.
1005 52 WK $ $
Option Year 1 Total: $
Option Year 2: 03/01/2022 through 02/28/2023
| CLIN |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Amount |
2001 40 EA $ $
TRANSPORT PATIENT LAB SPECIMENS TO AND FROM LOCAL FACILITIES WITHIN 30 MILE RADIUS OF POPLAR BLUFF. THIS IS A ON CALL 24 HOUR, 7 DAYS A WEEK, 365 DAYS A YEAR. 45 MINUTES RESPONSE TIME.
2002 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN CAPE GIRARDEAU, MO AND SIKESTON, MO. (This will be a single trip covering both CBOCs)
2003 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN PARAGOULD, AR AND POCAHONTAS, AR. COURIER WILL GO TO CRIPPLE CREEK OFFICES LOCATED AT 2965 KANELL BLVD, POPLAR BLUFF, MO DELIVER MAIL AND OTHER SUPPLIES, THEN BRING ITEMS BACK TO THE VA, THEN GO TO THE CBOC'S. (This will be a single trip covering all locations)
2004 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN WEST PLAINS, MO.
2005 52 WK $ $
Option Year 2 Total: $
Option Year 3: 03/01/2023 through 02/29/2024
| CLIN |
| Description |
| Quantity |
| Unit |
| Unit Price |
| Amount |
3001 40 EA $ $
TRANSPORT PATIENT LAB SPECIMENS TO AND FROM LOCAL FACILITIES WITHIN 30 MILE RADIUS OF POPLAR BLUFF. THIS IS A ON CALL 24 HOUR, 7 DAYS A WEEK, 365 DAYS A YEAR. 45 MINUTES RESPONSE TIME.
3002 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN CAPE GIRARDEAU, MO AND SIKESTON, MO. (This will be a single trip covering both CBOCs)
3003 52 WK $ $
PROVIDE COURIER SERVICE BETWEEN POPLAR BLUFF, MO AND CBOC'S LOCATED IN PARAGOULD, AR AND POCAHONTAS, AR.
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