36C25621Q0916-final.docx

36C25621Q0916

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

36C25621Q0916 05-2 -2021 Troy Davis 713-770-2659 2-2021 12:00

PM

CDT

36C256 Department of Veterans Affairs Network Contracting Office 16 Michael E.

DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030 4298 X X 541430 $8 Million N/A X 36C598 Department of Veterans Affairs Central Arkansas Veterans Healthcare 2200 Fort Roots Dr.

Buidling Little Rock AR 72114 36C256 Department of Veterans Affairs Network Contracting Office 16 Michael E.

DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030 4298

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page Contractor will provide a Wayfinding system for the Central Arkansas Veterans Healthcare System, Little Rock, AR See Section B.2 Price/Cost Schedule for all items.

This is a single award solicitation in accordance with Federal Acquisition Regulation (FAR) 12, 13, and 16.504 See CONTINUATION Page X X X one(1) Steven A. Berkeley

VA-VHA-SAOC-2019-717644D

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: POC Name:_________________

Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030-4298 Phone: (713) 791-1414 x21345 E-mail: Steven.Berkeley@va.gov

Troy Davis Contract Specialist Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston TX 77030-4298 Phone: 713-770-2659 E-mail: troy.davis@va.gov

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

3. INVOICES: Invoices shall be submitted in arrears:

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

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

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

B.2 PRICE/COST SCHEDULE

Minimum Quantity (Guaranteed Minimum): One (1) month of service/web maintenance minimum guarantee during the life of the IDIQ contract.

Maximum Quantity: One (1) Year of service/web maintenance minimum guarantee during the life of the IDIQ contract.

PERIOD OF PERFORMANCE (Ordering Period): This is a single award IDIQ solicitation, based on the Government’s needs. Only one contractor will be awarded an IDIQ contract from this solicitation. Listed below are ordering periods for annual software maintenance that will be awarded to a contractor based on the Government’s needs:

· Base year (12 Months) ordering period from the date of award.

· One (1) year (12 Months) ordering period from the date of award.

· Two (2) year (24 Months) ordering period from the date of award.

· Three (3) year (36 Months) ordering period from the date of award.

· Four (4) year (48 Months) ordering period from the date of award.

**Note** Task Orders will be issued by the Contracting Officer for no more than a 12-month period of performance with a not-to-exceed amount for the task order period and shall comply with FAR clauses 52.216-18 and 52.216-19. The Contracting Officer shall ensure that Task Orders are not issued in excess of available funding for the period of performance specified.

ITEM INFORMATION

The Contractor shall provide a 12-page Visitor Guide booklet in accordance with the Statement of Work.

The Contractor shall provide the Elo 22" i-Series for Windows interactive touchscreen desktop kiosks in accordance with the Statement of Work.

The Contractor shall provide the Elo 42" landscape for Windows interactive touchscreen desktop kiosks in accordance with the Statement of Work.

The Contractor shall provide an Interactive Web-Based Wayfinding Mapping System in accordance with the Statement of Work.

The Contractor shall provide Yearly Service/Web Maintenance Agreement in accordance with section 2.1.5, para 2 in the Statement of Work.

0005AA

Yearly Service/Web Maintenance Agreement.

Contract Ordering Period: Base POP Begin: 06-01-2021 POP End: 05-31-2022

0005AB

Yearly Service/Web Maintenance Agreement.

Contract Ordering Period: 1 POP Begin: 06-01-2022 POP End: 05-31-2023

0005AC

Yearly Service/Web Maintenance Agreement.

Contract Ordering Period: 2 POP Begin: 06-01-2024 POP End: 05-31-2025

0005AD

Yearly Service/Web Maintenance Agreement.

Contract Ordering Period: 3 POP Begin: 06-01-2025 POP End: 05-31-2026

0005AE

Yearly Service/Web Maintenance Agreement.

Contract Ordering Period: 4 POP Begin: 06-01-2026 POP End: 05-31-2027

ORDERS: This is a Fixed Price (FP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract (see FAR 52.216-22).

Ordering Procedures

a. This contract type allows the Department of Veteran Affairs Network Contracting Office 16 (NCO 16) contracting officers to place orders with the contractor on an as needed basis, in accordance with the FAR Clauses 52.216-18, Ordering. NCO 16 will obligate the funding and order the services by issuing a task order. The annual maintenance for the Interactive web-based Wayfinding system of each task order shall be set forth in each task order.

b. The contractor shall initiate work when, so directed by a Task Order. No work under any Task Order shall be performed unless specifically authorized by the contracting officer.

Approval of a Task Order shall not constitute approval to exceed any item listed in the contract or general provisions of the contract. The contractor shall not exceed the task order amount or change the task order without prior written approval of the contracting officer.

c. Task orders within scope of the IDIQ contract will be issued unilaterally in accordance with the IDIQ Contract terms and conditions and bilaterally when change in terms and conditions is negotiated in accordance with contract clauses FAR 52.212-4 (c), FAR 52.216-18, FAR 52.216-19 and FAR 52.216-22.

d. Task order pricing for maintenance will be based on IDIQ prices based on negotiated priced contract line items as outlined in B.2 Schedule of Services section in this single award IDIQ contract.

e. Contractor is required to deliver software maintenance in accordance with the task order terms and conditions during the task order specified period of performance.

f. The NCO 16 Contracting Officer is the only authorized official to issue task orders under this IDIQ Contract.

g. Task order prices shall be Fixed-Price (FP) as agreed to in the contractor’s schedule and individually funded.

h. Each task order shall have an established period of performance or delivery date. Individual Task order shall not exceed a 12-month period.

B.3 DELIVERY SCHEDULE

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

USA

501-257-5400 Christopher.Durney@va.gov

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

USA

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

USA

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

USA

0.00

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

USA

1.00

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

1.00

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

1.00

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

1.00

2200 Fort Roots Drive Building 182 Little Rock, AR 72114

1.00

Page 1 of Page 1 of

B.4 STATEMENT OF WORK (SOW)

1. GENERAL:

1.1. Background: The Contractor shall provide the Department of Veterans Affairs (VA) Central Arkansas Veterans Healthcare System (CAVHS), 5,000 initial copies of an updated combined facility Visitors Guide; design and produce a 3D web-based wayfinding application; provide desk-top and free-standing wayfinding kiosks.

1.2. Place of Performance - Contractor shall furnish services at the:

1.2.1. Central Arkansas Veterans Healthcare System (CAVHS), John L. McClellan (JLM) Memorial Veterans Hospital, 4300, West 7th Street, Little Rock AR, 72205-5484.

1.2.2. Contracting Officer Representative (COR) information is as follows:

1.3 References:

1. VA Affairs Handbook 6500, Risk Management Framework for VA Information Systems – Tier 3: VA Information Security Program, 10 Mar 2015.

2. Veterans Health Administration Procurement Manual (VHA PM) – 11/3/2014.

3. VA Handbook 1901.01, Health Information Management and Health Records – 19 Mar 15.

4. VHA Handbook 1605.5, Business Associate Agreements – 22 July 2014

5. Memo: VA Maintenance/Installation (Warranty) Contracts (VAIQ 7058822), 24 Mar 2011.

6. VA Directive 0735, Homeland Security Presidential Directive 12 (HSPD-12) Program, dated February 17, 2011.

7. Veterans Affairs Handbook 6500.6 Contract Security, 12 Mar 2010.

8. Health Insurance Portability & Accountability Act (HIPAA) Privacy Rule (See 45 CRF 164, 502(a)(1).

9. VA Directive 0710, Personnel Security and Suitability Program, dated June 4, 2010.

10. VA Directive 6066, Protected Health Information.

11. Privacy Act of 1974 (5 U.S.C. 552a).

12. Homeland Security Presidential Directive (HSPD-12),

13. Federal Information Processing Standards Publication (FIPS) 201, Personal Identity Verification (PIV) of Federal Employees and Contractors, dated Feb 25, 2005, amended by FIPS 201-1, March 2006.

14. Social Security Act (42 U.S.C. § 1395x(u)): Health care and other related services, as mentioned in HIPAA regulations, are defined in detail under Section 1861(s) http://www.ssa.gov/OP_Home/ssact/title18/1861.htm.

15. VA Directive 6512, Secure Wireless Technology, dated 4 Nov 2009

2. SCOPE:

2.1. Products required.

2.1.1. Visitors Guide: The Contractor shall design, proof, and print 5,000 initial copies of a 12-page updated Visitors Guide; additional runs of 5,000 will be provided upon request. First printing to be 5,000 copies of 12-page Visitor Guide, delivered 30 days after the final proof notice has been signed by the Public Affairs Officer.

The current 12-page Visitor Guide Booklet will be updated to a 7”x9”‘ self-cover that includes an attractive cover design; the combination of the Little Rock and North Little Rock campuses and information from all eight Community Based Outpatient Clinics (CBOCs); updated exterior 3-D rendering of hospital and medical center campuses to include parking areas with lines, hospital entrances clearly marked, building labels where necessary and other renderings as necessary; updated interior floor plans depicting primary destinations and wayfinding features; updated alphabetical listing of primary and secondary locations and services; updated ancillary hospital/medical center visitor information such as visiting hours, policies, parking information, cafeteria and gift shop hours; updated vicinity map depicting interstate highways, major and secondary thoroughfares, prominent landmarks and CBOCs.

2.1.2. Interactive Touchscreen Desktop Kiosks: The Contractor shall provide two (2) 22” interactive touchscreen desktop kiosks. The kiosks must be able to be connected to CAVHS Engineering network via ethernet or wi-fi; loaded software to lock down touchscreen to the public; touchless control of the kiosk to prevent the spread of bacteria or viruses; directional information to all departments; ability to send directions to local printer; ability to send directions to mobile device. Contractor shall provide on-line training of the equipment to the Users.

2.1.3. Interactive Touchscreen Freestanding Kiosks: The Contractor shall provide two (2) 42” interactive touchscreen desktop kiosks. The kiosks must be able to be connected to CAVHS Engineering network via ethernet or wi-fi; loaded software to lock down touchscreen to the public; touchless control of the kiosk to prevent the spread of bacteria or viruses; directional information to all departments; ability to send directions to local printer; ability to send directions to mobile device. Contractor shall provide on-line training of the equipment to the Users.

2.1.4. Proofs – The Contractor shall provide proofs of the 12-page (updated) Visitors Guide Booklet to the CAVHS Public Affairs Office for review. The proofs are to be sent digitally to vhalitpublicaffairs@va.gov and will include three hard copy 12-page campus map and visitor guide booklet, 7”x9” with self cover.

Prints - The Contractor shall provide the template file formatted as high-resolution PDF and becomes the property of CAVHS; must be delivered to the CAVHS Public Affairs Office within 30 days of final proof acceptance. Contractor may retain a copy of the working file.

2.1.5. Interactive Web-based Wayfinding System: The Contractor shall provide two (2) interactive web-based wayfinding systems: one (1) of the JLM Memorial Veterans Hospital and one (1) of the CAVHS Fort Roots campus. The development and deployment of web-based wayfinding system shall reside on contractor’s server(s) and has no impact on any government information system.

The Wayfinding system will include an interactive 3-D rendering of buildings and floor plans for both JLM and the Fort Roots campus (170, 66, 111, 189); includes point-to-point navigation for mobile devices and computers; includes standard HTML5 compatibilty; shows Veterans, caregivers and visitors the best entrance and parking areas based on chosen destination; provides route markers throughout the facility, showing best pathways to the requested destination; incorporates specialty service information, static images, videos and hyperlinks; utilizes roll-overs to display instant information for any chosen building, clinic or service; provides turn-by-turn directions; 3-D floor renderings are identical to maps featured in printed Visitor Guide; maps and directions can be printed and/or sent to any mobile device or computer – personal information such as cell numbers are not to be collected for any other purpose.

Yearly service/web maintenance: The Contractor shall provide software updates as part of the Interactive web-based Wayfinding system. The software remains on the vendor's servers and is not installed on any government information systems. All edits made to the interactive maps on the web are to also be made in the hard-copy maps to facilitate accurate Visitor Guides. Annual maintenance shall not exceed 10 hours of edits per year. The Contractor shall notify the COR when additional hours are needed prior to performing any work. Any additional hours needed must be approved by the COR, prior to any work to be performed. The government will only pay for actual hours worked.

3. DELIVERY AND INSTALLION:

3.1. Delivery: The Contractor shall coordinate with Engineering Service, Voluntary Service and Public Affairs for all updated information and mapping. Installation of kiosks will be in coordination with Voluntary Service and Engineering Service.

The Contractor shall:

· Deliver materials to each location per Engineering Service and COR.

· Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary.

· Deliver specified items only when the site is ready for installation work to proceed.

· Store products in dry condition inside enclosed facilities.

· Any government requested delayed delivery up to 90 days after initial delivery date, shall be at no additional cost to the Government.

· A pre-delivery meeting will be conducted 60 days prior to initial negotiated delivery date for verification of delivery and installation dates.

· Delivery and Installation will be coordinated through the COR.

3.2. Installation:

Inspection and acceptance will be a a joint inspection with the COR, Voluntary Service and Engineering representatives upon delivery of equipment. The Contractor shall provide dates of completion of punch list items and replacement parts and/or short ship items from the manufacturer(s). The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

3.2.1. All equipment shall be installed in coordination with CAVHS Voluntary Service and Engineering Service during regular business hours and at a day and time determined by Voluntary Service and Engineering Service..

3.2.2. All equipment shall be installed to manufacturer’s specifications maintaining Federal, and Local safety standards.

3.2.3. Installation must be completed per Engineering Service standards. All work shall be completed between 8:00 a.m. and 4:30 p.m. Monday – Friday. All federal holidays, excluded. Federal holidays are available at the Federal Holiday OPM Site.

3.2.4. In the event of an operational conflict with installation, night or weekend installation may be required. Government will provide a 72 hour notice of change of installation hours.

3.2.5. The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the Engineering Service.

3.2.6. The Contractor shall remove all related shipping debris and cleanup any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the premises. The Contractor shall be responsible for any damage to the building that occurs due to Contractor error or neglect.

3.2.7. The Contractor shall deliver compilation of all manufacturer recommended maintenance schedule and operation materials packaged in binder(s) to COR upon completion of installation.

4. CONTRACTOR RESPONSIBILITIES:

4.1. Protection of property: The Contractor shall protect all items from damage. The Contractor shall take precaution against damage to the building(s), grounds and furnishings. The Contractor shall repair or replace any items related to building(s) or grounds damaged accidentally or on purpose due to actions by the Contractor.

The Contractor shall perform an inspection of the building(s) and grounds with the COR and Engineering representative prior to commencing work. To insure that the Contractor shall be able to repair or replace any items, components, building(s) or grounds damaged due to negligence and/or actions taken by the Contractor. The source of all repairs beyond simple surface cleaning is the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence from the VA Facilities Management POC and COR is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work.

The Contractor shall be responsible for security of the areas in which the work is being performed prior to completion and the Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels.

5 SECURITY REQUIREMENTS:

5.1 Access to VA Information and VA Information Systems:

5.1.1 The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody.

5.1.2 The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified.

5.1.3 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.

5.1.4 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.

5.1.5 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.

5.1.6 Central Arkansas Veterans Healthcare system 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 Central Arkansas Veterans Healthcare system 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 Central Arkansas Veterans Healthcare system. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5.1.7 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 [contract vehicle]. 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 Central Arkansas Veterans Healthcare system 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 [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

5.1.8 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 Central Arkansas Veterans Healthcare system guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

5.1.9 The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Central Arkansas Veterans Healthcare system policy.

5.1.10 The Contractor shall not create or maintain any records containing any non-public Central Arkansas Veterans Healthcare system information that are not specifically tied to or authorized by the contract.

5.1.11 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.

5.1.12 The Central Arkansas Veterans Healthcare system 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 Central Arkansas Veterans Healthcare system 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.

5.1.13 Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take [Agency]-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.

5.2 VA Information Custodial Language:

a. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes.

The options are:

(1) Vendor must accept the system without the drive;

(2) VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase occur that may

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact;

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

5.3 SECURITY INCIDENT INVESTIGATION:

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

5.3.2 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.

5.3.3 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.

5.3.4 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.

5.4 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:

(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); VA information, obtain monetary or other

(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.

5.5 CONFIDENTIALITY AND NONDISCLOSURE:

It is agreed that:

a. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

b. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

c. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

5.6 BILLING:

5.6.1 Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

Name and Address of Contractor Invoice Date and Invoice Number Contract Number and Purchase/Task Order Number Date of Service Any additional itemized charges in addition to the base charge Total price Vendor Electronic Invoice Submission Methods

Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center Phone: 1-877-353-9791 Email: vafscched@va.gov Vendor Electronic Invoice Submission Methods Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, OB10, to transition vendors from paper to electronic invoice submission. Please go to this website: http://ob10.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

The Contract may contact FSC at the phone number or email address listed below with any questions about the e-invoicing program or OB10:

OB10 e-Invoice Setup Information: 1-877-489-6135 OB10 e-Invoice email: VA.Registration@ob10.com FSC e-Invoice Contact Information: 1-877-353-9791 FSC e-invoice email: vafsccshd@va.gov

(End of SOW)

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as…