36C25520Q0614_1 w JA.pdf

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 73

657-20-3-3750-0206

36C25520Q0614 09-15-2020

Jim Lewis james.lewis114fbb@va.gov 913-946-1992 09-23-2020

2:00 PM

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

339113

750 Employees

N/A

X

36C657

Department of Veterans Affairs 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

36C657

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

1. Provide and install 58 Guldmann GH3 Ceiling Mounted Patient Lifts for the John J. Pershing VA Medical Center, Poplar Bluff, MO. See Statement of Requirements for more details.

2. Contact Abby Crites at 573-686-4151x52095 or Tim Shannon at 573-778-4708 to arrange for site visits. COVID pre-screening and universal masking will be required while on the VA campus.

See CONTINUATION Page

X X

X 1(one)

John Pratt

36C25520Q0614

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF REQUIREMENTS

B.3 PRICE/COST SCHEDULE

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.4 52.216-21 REQUIREMENTS (OCT 1995)

C.5 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (MAR 2020)

C.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.8 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.11 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) ..37

C.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.14 VAAR 852.247-75 BILLS OF LADING (OCT 2018)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (JUN 2020)

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 3450 S 4th St.

Leavenworth KS 66048

Contract Specialist: Jim Lewis Contracting Officer: John Pratt

(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 upon receipt of a properly prepared invoice

(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). REFERENCE NUMBERS: Please reference both the Task Order number (to be assigned) and the Obligation 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.

(f). 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.

B.2 STATEMENT OF REQUIREMENTS

Ceiling Mounted Patient Lifts

Background:

The Poplar Bluff VA Medical Center, Poplar Bluff, MO, is soliciting a contractor to furnish all design, site evaluation, labor, materials, and equipment to install permanent ceiling mounted patient care lifts in the existing facility. Many hospital buildings were constructed in the early 1950’s and have limited above ceiling clearance. Additionally, numerous utility systems occupy this space and must be considered when installing new equipment above the ceiling. It is strongly recommended that the contractor perform a thorough site evaluation prior to submitting a proposal.

Scope of Work:

The Contractor shall provide a technical and cost proposal for turn-key services to install (58) patient lift systems in accordance with this scope of work. This cost proposal shall be for providing all lift system equipment including but not limited to; lift devices, rails, support material, bracing and all other associated components required for complete, functional installation by a certified installer. This proposal shall also be for installation of the lift systems including but not limited to any required plans, engineering details and documents, tools, labor, testing, training, cleaning supplies, containment systems, etc. All new lift systems must have a lifting capacity of no less than 700 lbs. The rail systems must be designed, constructed, and installed in an X-Y (room-covering) design; in such a manner as to allow for maximum utilization of patient room space. Operation of the system must be smooth with no fast or jerky starts and stops.

Operation of the system must allow for adequate lifting height allowing for transfer of patient from bed. Track systems shall be self-supporting either from the ceiling or from a post mounted system as required due to existing conditions. Existing hangers, Unistrut, or other support components shall not be utilized to support the lift tracks. No existing utility systems or supports shall be used for support or for bracing of the lift system. All new supports must be connected directly to building structural components. The new systems will be continuous charge. This proposal shall also be for installation of the lift systems including but not limited to any required plans, engineering details and documents, tools, labor, testing, training, cleaning supplies, containment systems, etc. All new ceiling lift system installations must have a single motor weight capacity of at least 700 pounds with an integrated hand control digital patient weight scale. The manufacturer must also offer expanded ceiling lift capacities/accessories that support greater than 880 pounds in a dual motor/similar configuration.

The manufacturer must also be able to provide ceiling lifts that have the ability to connect two rail systems together when tracks are required to align that allow the same lift system motor to travel from one location to another within a defined area without having to actuate a separate hand/remote control to connect the two systems (often referred to as a combi lock or gate/switch capacity that links two rail systems together).

Lifts will be installed in the following rooms of the John J Pershing VAMC Building 1 and we are requesting Guldmann GH3+ system as outlined below:

Description QTY

GH2 to GH3 system replacement; 770 w/scale, con. Charge 4m straight; RM 2005

GH2 to GH3 system replacement; 770 w/scale, con. charge 3m x 3m; RM 4037A, RM 4040

GH2 to GH3 system replacement; 770 w/scale, con. charge 4m x 4m; 3003, RM 3017, RM 3018, RM 4003A, RM

4010, RM 4017, RM 4023, RM 4030, RM 4063, RM 4073A, RM 4080A, RM 4083, RM 4096

GH2 to GH3 system replacement; 770 w/scale, con. charge 5m x 5m; RM 2030, RM 3009, RM 3011, RM 3012, RM 3014, RM 3020, RM 3029, RM 3030, RM 3033, RM 4004, RM 4009, RM 4018, RM 4048, RM 4049, RM 4065, RM 4076, RM 4076A, RM 4081, RM 4090, RM 4095, RM 4109, RM 4109A, RM 1113, RM 3154

GH2 to GH3 system replacement; 770 w/scale, con. charge 7m x 5m; RM 1144, RM 3111, RM 3111A, RM 4003, RM 4012, RM 4020, RM 4024, RM 4027, RM 4037, RM 4038C, RM 4051, RM 4059, RM 4073, RM 4086, RM 4089, RM 4093, RM 4110

GH2 to GH3 system replacement; 770 w/scale, con. charge 8m x 5m; RM 18

Technical Requirements:

1) Contractor shall provide a plan for each room detailing location of lift rails, support structure above, and means of attachment.

2) The lift systems must meet or exceed seismic bracing requirements as outlined in the VA Seismic Guidelines (H18-8). A written report certifying compliance with this standard shall be provided to the facility for each lift installation.

3) Door frames are not to be cut or modified. If contractor proposes to cut or modify an existing door frame, documentation supporting this practice and providing modification procedures must be provided and certified by a licensed structural engineer and accepted by the VA.

4) All lifts shall be weight tested prior to acceptance. Test weight shall be 150% of rated capacity and shall be applied to all points of suspension and traverse rail. Prior to testing, contractor shall submit rail deflection testing standards to the VA. Testing shall be observed by the VA COTR and a written report shall be provided following each test.

The report shall include deflection measurements taken at locations of maximum deflection during the weight test. All deflection points shall be within defined code limitations. For patient safety purposes, a certified contractor (certified by the lift manufacturer) will not perform any work/preventive maintenance inspections in an area/room occupied by a patient. Unless otherwise approved by the contract COR (or designee), the lift manufacturer certified contractor will be required to perform all work during the hospital normal business hours (M-F 8:00 AM – 4:30 PM) excluding federal holidays. The contractor will provide all travel, labor, parts, test equipment (to include weight set), tools, and incidentals necessary to perform all required inspection services.

Any overtime needed that would cause an increasing in invoicing must receive prior approval by the VISN Contracting Officer, through the COR (or designee).

5) All services for this contract must meet manufacturer's performance and technical specifications, Federal Regulations, and other specifications that may apply such as National Electric Code (NEC), Life Safety Code (LSC), Joint Commission (JC), and VA Regulations. There is a potential for exposure to blood borne or other infectious material with equipment throughout the hospital.

6) All contractor maintenance persons must use the “Universal Precautions” during cleaning and maintenance/repair procedures required by this service request. Contractor will be responsible for providing their own Personal Protective Equipment as applicable.

7) A manufacturer certified ceiling lift contractor must annotate all aspects of initial and annual inspections performed on the manufacturer annual inspection checklist to include: date and time of completed preventive maintenance; type, model, and serial number of the lifting system on which preventive maintenance was performed, maintenance performed and all repairs and/or repair parts (if applicable) used to maintain operating efficiency per manufacture specifications of the equipment.

8) The manufacturer certified ceiling lift contractor will also complete checklists for Installation or Relocation Checklist for Ceiling Mounted Patient Lifts and/or Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts as outlined in VACO Patient Safety Alert AL14-07. The applicable checklist must be completed and signed by the inspector/technician, the facility representative, and the unit manager where the work is done. The annual inspection checklist along with the VA inspection checklists (as applicable) shall be sent to the applicable facility point of contact (Biomedical Equipment Repair, Facilities, Engineering, or SPHM Facility Coordinator).

9) Final equipment certification shall be provided in writing prior to acceptance by the VA.

10) Any lift installation that modifies the function of a room’s privacy curtains shall be addressed by lift installer. The mitigation plan must be submitted to and approved by the

VA.

11) Lift installation shall include dust containment during installation. All rooms shall be returned to the VA in their original condition. Any damage inflicted shall be corrected by the contractor. Contractor shall provide tacky mats at each entrance to the area where work is being done. Upon completion of installation all surfaces shall be vacuumed and/or wet wiped to remove dust/debris.

12) Dismantle/remove old system concurrent with installation.

Contractor shall provide the following to be considered for award:

1) Disclosure of all Tort claims against vendor either pending or resolved regarding proposed system.

2) Education/Training Plan by vendor on use of all equipment, after installation completion, with specific timelines -- all shifts, all areas and possibly refresher courses. Include training plan for Bio-Medical staff which details any annual weight testing/inspection requirements required system warranty/certification

3) Standardization of location of charging units in identified rooms.

4) Written plan for installation of track lift system as applicable including mechanical anchor designs.

5) Written plan for modifying existing structural, mechanical, electrical and other infrastructure systems if necessary.

6) Provide drawings to show how rail system will be anchored to the structural concrete.

7) Provide a specific timeline for installation.

8) Provide an installation Infection Control Plan that meets the facility’s infection control risk assessment requirements.

9) Provide an Installation Plan including phasing and indicating time per unit with minimum interference with patient care. Example: installed on days when patient population is down, possibly weekend or Monday and Friday. The least amount of disruption to patient’s comfort and care is expected.

10) An OEM warranty on installation shall be provided for each unit installed.

11) Provide Plan of Equipment Certification after install.

12) Provide Plan reflecting availability of vendor for follow- up, to include but not limited to repairs, adjustment, sling replacement after installation is complete; and address after hours and weekend response during warranty period.

13) Initial set up must include expendable accessories, such as slings. Provide one non-disposable, or two disposable, slings per lift, as per facility specifications.

14) Shall submit enough product information to allow the Government to evaluate the product(s) being offered.

15) Equipment installed shall be subject to the following Specs:

• Available as UL listed full-system installations (UL 60601-1)

• X-Y configuration up to 9’10” x 9’10” with 700lb ceiling lift system with scale.

• Supplier system engineered lateral bracing brackets (Not after-market)

• Optional InfraRed remote control of lift available

• Optional InfraRed remote control of lateral movement for motor and traverse rail

• O.S.H.P.D. (California seismic resistance) approved system installations available

• Rust/stain-resistant, single-bar-design hangar bar with integrated bearing-swivel and closed-cell handgrip; available in multiple sizes

• 100% motor testing before shipment

• In-field-serviceable software-based controller boards

• Anodized aluminum rail finish to prevent flaking, chipping, fading, or peeling

• Over-speed safety governor on motor

• Soft start/stop control

• Visual low battery indicator

• Battery charger is splash proof and double insulated

• Sound level of lifting motor to be less than or equal to 52dB(A)

• Emergency switch to offer disengagement then emergency lower at controlled speed

• All installations are completed by Factory Certified, US installers.

• Available UL certification of entire installation; as opposed to UL listing on the transformer only

• Provision of system approval on room covering according to ISO EN 60601-1 Medical Equipment

• Provision of system approval on room covering according to ISO EN 10535 Safe Patient Handling Equipment

• Installation hardware meets IBC 2006 (International Building Code) standards

Source Selection Criteria:

Source Selection will be based on technical and performance requirements as well as factors indicated below.

Payment will be made monthly in arrears upon receipt of a properly prepared invoice, referencing all lifting systems that received the Required Services the contract number and assigned purchase order number.

Personnel Qualifications:

Contractor personnel performing preventive maintenance inspections and repair services must be fully qualified as per the original manufacture technical certification requirements. Installers must provide and show evidence of current manufacturer certification to COR and facility engineering prior to commencing any work. Listing of equipment to be covered under the Required Services as stated in paragraph1 above.

This will be awarded based on the best value to the Government. The best value analysis will be an analysis based on the above required information. A site visit is required to be considered for award. To schedule a site, visit please contact the contract COR (or designee)/ Facility Coordinator/Project Engineer/BMET Office.

Seismic Requirements:

Regarding the existing patient lifts, our general recommendations are the following:

Lifts that have the same maximum load capacity or higher, the new GH3 770lb lifts can be installed without any problem;

After the installation of the new patient lifts, a vertical load test must be carried out with the responsibility of the lift manufacturer.

More specifically:

1) For ceiling mounted patient lifts that are connected with anchors to the above structure:

a) if the existing patient lift has already a maximum loading capacity of 700lb or higher, the existing lift-to-slab connection can be kept and the replacement to the new model lift (GH3) with maximum load capacity can be done;

b) if the existing patient lift has a maximum loading capacity lower than 700lb, the existing lift-to-slab connection cannot be used unless the results of an additional in-depth room-by- room study.

c) the flat slab should never been used as anchorage for anchor bolts due to its low thickness (2- 2½”); only after confirming a minimum value of the concrete compression strength of 2,500psi and when the minimum distance from the center of the anchor bolts to the edge of the RC structure meets the requirements of ACI 318-19, on a case by case basis, the designer can connect the anchor bolts to the ribs of the RC slab and/or beams.

2) For ceiling mounted patient lifts that are attached to the above structure with tubular steel that goes through the slab (as shown in Figure 2.5):

a) if the existing patient lift has already a maximum load capacity of 700lb or higher, the existing structure can be kept and the replacement to the new model lift (GH3) with maximum load capacity of 700lb can be done;

b) if the existing patient lift has a maximum loading capacity lower than 700lb, the existing structure that connects the lift to the above concrete slab needs to be checked by the manufacturer or the professional who have designed it (to be noted that the details of this solution have not been provided and that the layout differs from the solution with anchors proposed by Eng.

Holbrook and shown in Appendix 1). It is necessary to verify this with them and see if an increase in load capacity of the lift can be taken by the structure that the manufacture has designed and is responsible for, usually this should not implies a problem in upgrading the lift systems to the new load capacity of 700lb but needs to be assured by who has designed and detailed this type of connection for which any information has been given.

3) For wall mounted patient lifts, although this existing patient lift are not in the specified category of the ceiling mounted patient lifts as per the current scope of work, we can recommend the following:

a) if the existing wall mounted patient lift has already a maximum load capacity of 700lb or higher, the existing structure can be kept and the replacement to the new model lift (GH3) with maximum load capacity of 700lb can be done;

b) if the existing patient lift has a maximum loading capacity lower than 700lb, the existing lift-to-structure connection needs to be checked by the manufacturer or the professional who have designed it (to be noted that the details of this solution have not been provided and that the layout differs from the solution with anchors proposed by Eng. Holbrook and shown in Appendix 1). It is necessary to verify this with them and see if an increase in load capacity of the lift can be taken by the structure that the manufacture has designed and is responsible for;

c) if the existing wall mounted patient lift is going to be removed and replaced with a ceiling mounted lift as the solution proposed by Eng. Holbrook of Guldmann company

(CONCLUSIONS AND RECOMMENDATIONS Correct Seismic Deficiencies For Building 1 - Study to Connect Ceiling Mounted Patient Lifts May 29, 2020 John J. Pershing VAMC Poplar Bluff, Missouri for further information regarding concrete compression strength.)

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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

b. 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.

4. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the 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.

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

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

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

5. LIQUIDATED DAMAGES FOR DATA BREACH

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

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

Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

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

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

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

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

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

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $__37.50__ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

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

(3) Data breach analysis;

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

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

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

6. TRAINING

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

(1) Successfully complete the appropriate VA privacy training and annually complete required privacy training (See below training); and

(2) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access

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

c. Failure to complete the mandatory annual training, 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?

https://www.tms.va.gov/

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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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

FOR DATA ENTRY INTO TALENT MANAGEMENT SYSTEM

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

GH2 TO GH3 SYSTEM REPLACEMENT; 770 W/SCALE,

CON CHARGE 4M STRAIGHT; RM 2005

2.00 EA ________________

GH2 TO GH3 SYSTEM REPLACEMENT; 770 W/SCALE,

CON CHARGE 3M X 3M; RM 4037A, RM 4040

13.00 EA ________________

GH2 TO GH3 SYSTEM REPLACEMENT; 770 W/SCALE,

CON CHARGE 4M X 4M; 3003, RM 3017, RM 3018, RM

4003A, RM 4010, RM 4017, RM 4023, RM 4030, RM 4063,

RM 4073A, RM 4080A, RM 4083, RM 4096

24.00 EA ________________

GH2 TO GH3 SYSTEM REPLACEMENT; 770 W/SCALE,

CON CHARGE 5M X 5M RM 2030, RM 3009, RM 3011, RM

3012, RM 3014, RM 3020, RM 3029, RM 3030, RM 3033, RM

4004, RM 4009, RM 4018, RM 4048, RM 4049, RM 4065, RM

4076, RM 4076A, RM 4081, RM 4090, RM 4095, RM 410 9,

RM 4109A, RM 1113, RM 3154

17.00 EA ________________

GH2 TO GH3 SYSTEM REPLACEMENT; 770 W/SCALE,

CON CHARGE 7M X 5M; RM 1144, RM 3111, RM 3111A, RM

4003, RM 4012, RM 4020, RM 4024, RM 4027, RM 4037, RM

4038C, RM 4051, RM 4059, RM 4073, RM 4086, RM 4089,

RM 4093, RM 4110

1.00 EA ________________

GH2 TO GH3 SYSTEM REPLACEMENT; 770 W/SCALE,

CON CHARGE 8M X 5M; RM 18 PRICE INCLUDES TRADE-

IN ALLOWANCE

1.00 JB ________________

INSTALLATION

SEISMIC LABOR UPGRADE

DISMANTLE/REMOVE OLD SYSTEM CONCURRENT WITH

INSTALLATION

GRAND TOTAL ________________

B.4 DELIVERY SCHEDULE

Department of Veterans Affairs

John J. Pershing VA Medical Center

1500 North Westwood Blvd

Poplar Bluff, MO 63901

SECTION C - CONTRACT CLAUSES

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

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

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

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.225-8 DUTY-FREE ENTRY OCT 2010

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

FAR

Number

Title Date

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for…