36C25525Q0412.docx

36C25525Q0412

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

491-25-2-1026-0004 36C25525Q0412 06-10-2025 Betty Flores | veronica.flores@va.gov 913-946-1167 06-13-2025 11:00 am

CDT

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

KS

66048 X 541519 150 Employees

NET 30

N/A X Department of Veterans Affairs See Locations in Section B.5

36C255

Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048

36C255

Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin

TX

877-353-9791 512-460-5429 See CONTINUATION Page Nuance PowerScribe - VISN 15 In Accordance with the Statement of Work ******** See Section B for details ******** This will result in a Firm Fixed Price, FOB Destination contract with a One (1) Year Base Period of Performance.

This is in intended as Full and Open Competition.

This is a Brand Name Only procurement please see attached JA Vendor must be an authorized distributor, submit your Authorized Distributor Letter from the OEM with your quote.

All requirements must be submitted as instructed in "Addendum to 52.212-1 Instructions to Offerors", Section E.2 to be considered.

See CONTINUATION Page X X X One(1) Betty Flores Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR:

UEI:

b. GOVERNMENT: Contracting Officer 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Leavenworth, KS. 66048

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

3. INVOICES: Invoices shall be submitted:

[X] Upon Acceptance of Product/Completion of Service [ ] Other

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS.

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

* Tungsten e-invoice set up information: 1-877-489-6135

* Tungsten e-invoice email: VA.Registration@tungsten-network.com

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

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

The FSC requires the following information to be included on invoices received for payment:

CONTRACT ADMINISTRATION:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

B.2 GOVERNING LAW

Federal law and regulations, including the Federal Acquisition Regulations (“FAR”), shall govern this Contract. Commercial license agreements may be made a part of this Contract but only if both parties expressly make them an addendum. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap) or any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract, including other attached addenda; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract. Federal law and regulation, including without limitation, the Contract Disputes Act (41 U.S.C. §601-613), the Anti-Deficiency Act (31 U.S.C. §1341 et seq.), the Competition in Contracting Act (10 U.S.C. §2304), the Prompt Payment Act (31 U.S.C. §3901, et seq.) and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control and render ineffective any inconsistent, conflicting or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract or the commercial license agreement or elsewhere, the terms of this clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 28 U.S.C. § 516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract must be made by contract modification (Standard Form 30). Nothing in this Contract or any commercial license agreement shall be construed as a waiver of sovereign immunity.

This Contract is Firm Fixed Price (FFP). The Contractor is required to provide the software, media, software license, and software maintenance/upgrade and technical support services for the computer software identified below. Software maintenance includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its customers. Distribution of maintenance copies shall be accomplished by using an appropriate magnetic, electronic or printed media.

· FOB: Destination 36C25525Q0412

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B.3 STATEMENT OF WORK

VISN 15 Nuance PowerScribe Contract

General/Background

This is a Healthcare Technology Management service procurement Nuance PowerScribe Install base. VISN 15 utilized Nuance PowerScribe for their Radiology Dictation, the software used to allow Radiologists to dictate their interpretations of images and input the dictation into a note. This contract is a VISN 15 wide contract required to keep the Nuance PowerScribe (Radiology Dictation) software up to date and provide continuing training to new Radiology PACS Administrators and Radiologists across the network. This will be for a base 12-month period plus f

Required Services

The contractor shall provide full software and hardware maintenance coverage for VISN 15’s Nuance PowerScribe install base. There are two centralized servers at Saint Louis VAMC and Kansas City VAMC. All facilities utilize the software and microphones. This contract should include hardware coverage for servers and microphones, software coverage for data integration, database and applications servers, and services including clinical guidance. All incidentals necessary to provide the maintenance, restore equipment to operation must be included.

The contractor will provide the following coverage and clinical training:

Brief Description of Service*

SEWP V CLIN - V3-Nuance-PS360TRA- ADM-0103-ZL, MPN - PS360TRA-ADM-0103. PS360 Reporting Administrative Training Program - remote/online

QTY 14

Nuance Communication, Inc. CAD - PS360TRA-ADM- 0103

SEWP V CLIN - V3-Nuance-PS360TRA- PROV-0100, MPN - PS360TRA-PROV-0100. PS360 Reporting Provider Training (MUS)

SEWP V CLIN - V3-Nuance-PS360TRA- PROV-0100-ZL, MPN - PS360TRA-PROV-0100. PS360 Reporting Provider Training - onsite QTY 7 Nuance Communication, Inc. CAD - PS360TRA-PROV- 0100

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS360CG‐ TERM‐ZL, MPN - PS360CG‐TERM, Description - PS360 Reporting Clinical Guidance QTY 150,000 11413120 Nuance Communications, Inc ‐ PS360CG‐TERM

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐POWM3N9 HC‐C01, MPN - POWM3N9‐HC‐C01, Description - PowerMic III Non‐Scanner 9 Foot Cord Price Tier C (26‐50) 11385671 Maintenance for QTY 35 Powermics Nuance Communications, Inc ‐ POWM3N9‐HC‐C01

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐MDL‐E‐ADI‐ 020‐ZL, MPN - MDL‐E‐ADI‐020, Description - Adv. Data Integration w/ModLink Perpetual License 11385671

QTY 150,000

Nuance Communications, Inc ‐ MDL‐E‐ADI‐020

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐MDL1001R‐ TFG‐136, MPN - MDL1001R‐TFG‐136, Description - ModLink Fed Server, DL360 G10 11385671

MXQ2390T5W

Nuance Communications, Inc ‐ MDL1001R‐TFG‐136

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS0022R‐ TFG‐136, MPN - PS0022R‐TFG‐136, Description - PowerScribe Fed Level 2 Combined Application/SQL Server, DL360 G10 11385671

MXQ2390T4Y

Nuance Communications, Inc ‐ PS0022R‐TFG‐136

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS4002R‐ TFG‐136, MPN - PS4002R‐TFG‐136, Description - PowerScribe Fed Power Express Server, DL360 G10 11385671

MXQ2390T5S

Nuance Communications, Inc ‐ PS4002R‐TFG‐136

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS6002R‐ TFG‐136, MPN - PS6002R‐TFG‐136, Description - PowerScribe Fed Speech Utility Server, DL360 G10 11385671

MXQ2390T5Q

Nuance Communications, Inc ‐ PS6002R‐TFG‐136

FY25 Eastern Orbit (Saint Louis) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS9002R‐ TFG‐136, MPN - PS9002R‐TFG‐136, Description - PowerScribe Fed Test Server, DL360 G10 11385671

MXQ2390T5Y

Nuance Communications, Inc ‐ PS9002R‐TFG‐136

FY25 Western Orbit (Kansas City) Maintenance Contract, SEWP V CLIN - , MPN - 0POWM3N9‐HC‐C01‐GH, Description - PowerMic III Non‐Scanner 9 Foot Cord Price Tier C (26‐50) Maintenance for QTY 49 mics.

Nuance Communications, Inc ‐ 0POWM3N9‐HC‐C01

FY25 Western Orbit (Kansas City) Maintenance Contract, SEWP V CLIN - , MPN - MDL‐E‐ADI‐020‐GH, Description - Adv. Data Integration w/ModLink Perpetual License 150,000 Nuance Communications, Inc ‐ MDL‐E‐ADI‐020

FY25 Western Orbit (Kansas City) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐MDL1001R‐ TFG‐136, MPN - MDL1001R‐TFG‐136, Description - ModLink Fed Server, DL360 G10 MXQ2390T5V Nuance Communications, Inc ‐ MDL1001R‐TFG‐136

FY25 Western Orbit (Kansas City) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS0022R‐ TFG‐136, MPN - PS0022R‐TFG‐136, Description - PowerScribe Fed Level 2 Combined Application/SQL Server, DL360 G10

MXQ2390T4Z

Nuance Communications, Inc ‐ PS0022R‐TFG‐136

FY25 Western Orbit (Kansas City) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS4002R‐ TFG‐136, MPN - PS4002R‐TFG‐136, Description - PowerScribe Fed Power Express Server, DL360 G10 MXQ2390T5T Nuance Communications, Inc ‐ PS4002R‐TFG‐136

FY25 Western Orbit (Kansas City) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS6002R‐ TFG‐136, MPN - PS6002R‐TFG‐136, Description - PowerScribe Fed Speech Utility Server, DL360 G10 MXQ2390T5R Nuance Communications, Inc ‐ PS6002R‐TFG‐136

FY25 Western Orbit (Kansas City) Maintenance Contract, SEWP V CLIN - V3‐Nuance‐PS9002R‐ TFG‐136, MPN - PS9002R‐TFG‐136, Description - PowerScribe Fed Test Server, DL360 G10

MXQ2390T5X

Nuance Communications, Inc ‐ PS9002R‐TFG‐136

Upon placement of service request, the contractor must respond by telephone for diagnostic response within two (2) hours after notification.

All services for this contract must meet manufacturers’ performance and technical specifications, Federal Regulations, FDA device certification and other specifications that may apply such as National Electric Code (NEC), Life Safety Code (LSC), the Joint Commission (TJC), and VA Regulations. Contractor must provide the appropriate service documentation at no additional expense. Contractor may be required to complete applicable privacy and security training.

Contractor will install operating system software updates provided by the Original Equipment Manufacturer (OEM) for Covered System.

Software updates mean revisions to OEM proprietary operating system software that enhance existing System functions and operation without hardware changes but will not install operating system software upgrades to new software platforms or software options offered separately for sale by the OEM. All completed work will meet OEM specifications.

The contractor will provide both scheduled and unscheduled services to repair and/or maintain equipment in a fully functional condition with a ninety-eight percent (98%) uptime guarantee (calculated on quarterly basis).

The contractor will provide troubleshooting and clinical assistance by telephone or remote diagnostics support twenty-four hours a day, seven days a week. The contractor will provide the Government with a toll-free, non-automated number for troubleshooting assistance. If the problem cannot be resolved by phone or by remote diagnostics, the contractor’s technical support center will dispatch the field service engineer (FSE) for on-site support, to be conducted during normal MTF business hours. This agreement includes extended hours of coverage Mon – Fri, 0800 A.M. – 9:00 P.M. weekdays excluding holidays.

In the event a representative from the contractor is dispatched, all contractor personnel must follow local processes for check in prior to performing work. The contractor must furnish a detailed field service report, showing work completed, listing all repairs and/or repair parts used to maintain operating efficiency of the equipment. This report must be delivered to the facilities’ Healthcare Technology Management. Payment will be withheld pending receipt of this report.

The service report from the contractor must contain, at a minimum, the following information:

· Date and time of the contractor’s work.

· Type, model, and serial number(s) of all equipment on which maintenance was performed.

· Name of Field Technician who performed the repair.

· Total time spent performing maintenance, excluding travel time.

· Detailed narrative description of the malfunction or PM action required.

· Complete list of parts replaced.

· Comments as to the cause of the malfunction when applicable.

· Date and time the repair or software upgrade was completed.

Contractor will not perform any service that will result in additional charges without prior approval from a Contracting Officer. Vendor will install operating system software updates provided by the Original Equipment Manufacturer (OEM) for Covered System. Software updates mean revisions to OEM proprietary operating system software that enhance existing System functions and operation without hardware changes but will not install operating system software upgrades to new software platforms or software options offered separately for sale by the OEM.

Personnel Qualifications

The contractor will provide trained personnel for on-site support, labor, travel, tools, diagnostic equipment, hardware, firmware, test phantoms, materials, supplies, parts, and test equipment necessary to perform all operations in connection with scheduled and unscheduled on-site services, to maintain the listed equipment and/or its components if any, in a fully functional state, in accordance with the Original Equipment Manufacturer (OEM) specifications.

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

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

b. 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.

2. 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.

3. 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.

c. 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.

d. 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.

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

4. LIQUIDATED DAMAGES FOR DATA BREACH

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:

(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.

f. 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:

5. 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

g. 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.

h. 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 POC/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. POC/COR is also responsible for signing out and signing in temporary contractor badges.

b. The POC/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.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VASTLHCS records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4.VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the Task Order. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VHA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Task Order. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA -provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

Page 1 of Page 1 of [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this Task Order, and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

PS360 Reporting Administrative Training Program - remote/online

QTY: 14

MPN: PS360TRA-ADM- 0103

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS360TRA-ADM-0103-ZL

PS360 Reporting Provider Training - remote/online

MPN: PS360TRA-PROV-0100

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS360TRA-PROV-0100

PS360 Reporting Provider Training - onsite

QTY 7

MPN: PS360TRA-PROV-0100

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS360TRA-PROV-0100-ZL

St. Louis - 657 Orbit PS 360 Reporting Clinical Guidance

QTY: 150,000

11413120

MPN: PS360CG-TERM

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS360CG-TERM-ZL

PowerMic III Non-Scanner 9 Foot Cord Price Tier C (26-50) Maintenance

QTY: 35

11385671

MPN: POWM3N9-HC-C01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: POWM3N9-HC-C01

Adv. Data Integration w/ModLink Perpetual License

QTY: 150,000

11385671

MPN: MDL-E-ADI-020

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: MDL-E-ADI-020-ZL

ModLink Fed Server, DL360 G10 11385671

MXQ2390T5W

MPN: MDL1001R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: MDL1001R-TFG-136

PowerScribe Fed Level 2 Combined Application/SQL Server, DL360 G10 11385671

MXQ2390T4Y

MPN: PS0022R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS0022R-TFG-136

PowerScribe Fed Power Express Server, DL360 G10 11385671

MXQ2390T5S

MPN: PS4002R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS4002R-TFG-136

PowerScribe Fed Speech Utility

11385671

MXQ2390T5Q

MPN: PS6002R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS6002R-TFG-136

PowerScribe Fed Test Server, DL360 G10

11385671

MXQ2390T5Y

MPN: PS9002R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS9002R-TFG-136

Kansas City - 589 Orbit PowerMic III Non-Scanner 9 Foot Cord Price Tier C (26-50) Maintenance QTY: 49 mics

MPN: 0POWM3N9-HC-C01

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: POWM3N9-HC-C01

Adv. Data Integration w/ModLink Perpetual License

QTY: 150,000

MPN: MDL-E-ADI-020

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: MDL-E-ADI-020-ZL

ModLink Fed Server, DL360 G10

MXQ2390T5V

MPN: MDL1001R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: MDL1001R-TFG-136

PowerScribe Fed Level 2 Combined Application/SQL

MXQ2390T4Z

MPN: PS0022R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS0022R-TFG-136

PowerScribe Fed Power Express Server, DL360 G10

MXQ2390T5T

MPN: PS0022R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS4002R-TFG-136

PowerScribe Fed Speech Utility

MXQ2390T5R

MPN: PS0022R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026

LOCAL STOCK NUMBER: PS6002R-TFG-136

PowerScribe Fed Test Server, Maintenance

DL360 G10

MXQ2390T5X

MPN: PS0022R-TFG-136

PSC: DA01

Contract Period: Base POP Begin: 06-23-2025 POP End: 06-22-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA01 - IT and Telecom – Business Application/Application Development Support Services (Labor)

LOCAL STOCK NUMBER: PS9002R-TFG-136

B.5 DELIVERY SCHEDULE

VA Heartland Health Care Network VISN 15 (491) 1010 Walnut Street, Ste 210 Kansas City, MO 64106

USA

1.00

816-832-9479 Robert.Hamilton7@va.gov

1.00

1.00

St. Louis VA Medical Center - JC Div.

915 N. Grand Blvd.

St. Louis, MO 63106 1621

12.00

1.00

1.00

1.00

1.00

1.00

1.00

1.00

Kansas City VA Medical Center 4801 E. Linwood Blvd Kansas City, MO 64812 2226

1.00

1.00

1.00

1.00

1.00

1.00

1.00

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including…