36C25723Q0826 0003.docx

5. PROJECT NUMBER (if applicable)

CODE

7.

ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF

PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE

OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERE

D CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendmen t, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED

STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF

CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF

SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 11-02-2023 na 36C257 Department of Veterans Affairs El Paso Contracting Office RPO West / NCO 17 11495 Turner Road El Paso TX 79936-1372 Nesha Nelson nesha.nelson@va.gov 36C257 See Block #6

To all Offerors/Bidders

36C25723Q0826 10-11-2023

X X X

See CONTINUATION Page X The purpose of this amendment is to replace FAR clause 52.222-55, add Wage Determination, Contractor Rules of Behavior, update Performance Work Statement, and post Questions and Answers to RFQ 36C25723Q0826.

a. Replace FAR clause 52.222-55 (JAN 2022) with the deviated FAR clause 52.222-55 (OCT 2023).

b. Add WD No 2015-52 13 Rev No 22 6.30.2023, Contractor Rules of Behavior, VA Handbook 0710.

c. Section 2.8 clarifying contracted courier instead of VA courier is required.

d. Questions and answers can be found on the continuation page.

e. All other terms and conditio ns remain in full force and effect.

Marisela Galarza Contracting Officer

B.3 PERFORMANCE WORK STATEMENT

Questions and Answers

1. 7.4 Personnel Policy – Contractor shall provide the following: 7.4a.3 Health Examinations Please advise as to what this includes. We currently evaluate the immunization status of all doctors and staff to comply with federal, state, and local requirements of the facilities we serve. The VA has no intention of obtaining copies of health information, but in case it is required the vendor shall have this information readily available upon request. Appropriate PPE.

1. 7.4.b The parties agree that the contractor, its employees, agents, and subcontractors shall not be on side red VA employees for any purpose. Please explain what a “side red VA employee” is. Due to required PPE, there is a red stripe down the area to which the vendor employees must not cross unless in appropriate PPE.

1. 7.6.b.8 VA-FSC shall require the following information in compliance with the Prompt Pay Act and Business Requirements, 7.6.b.8 Reagents used with pricing per unit. Please advise if this applies to pricing for HPV testing (2.2), or special stains (2.8.e.) we’ve not been required to include this before… Contractor shall continue to provide the HPV and special stains as currently provided under the current contract.

1. Page 16, B.4 IT Contract Security, 2.b., second sentence. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, personnel Suitability and Security Program. May I please get a copy of this for our information. See attachments D.6 Privacy and Information Security and D.11 VA Handbook 0710.

1. Page 18, B.4 IT Contract Security, 3. VA INFORMATION CUSTODIAL LANGUAGE b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems to ensure VA requirements related to data protection and medial sanitization can be met. Our medical record system, Power Path, is a single database. VA patients are in the same database as all our patients. I have no way of designating separate storage for these records. Please advise if this is satisfactory. See attachment D.6 Privacy and Information Security.

1. Page 19, i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed the VA’s minimum requirements. VA Configuration Guidelines. May I please get the VA’s Configuration Guidelines to confirm our compliance. See Attachment D.7 VA Directive 6500.

1. Page 21, 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE. Please clarify if this applies ONLY to VA systems used at non-VA facilities, or any system, including those owned and used by Amarillo Pathology Group for all our patients, including VA patients. See Attachment D.7 VA Directive 6500

1. Page 21, f. I am reading this to ONLY apply to contractor/subcontractor-owned equipment that is used on the VA’s network and, therefore, would not apply to our own software. Please advise if you agree. See Attachment D.7 VA Directive 6500

1. Page 23, 9. TRAINING (1) Sign and acknowledge understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E. Was this included in the documents as I am not seeing it. If not, would you please provide a copy of this document. See Attachment D.6 Contractor Rules of Behavior, Appendix E

1. Page 33, (4) HIPAA Business Associate Agreement requirement. Our understanding of this regulation is that we are exempt as we are a referred medical provider. Please advise if you agree. This requirement is exempt from BAA.

1. Page 34, f. VA information custodial requirements. (2) Media sanitization. Same question as #5 above. See Attachment D.7 VA Directive 6500

1. Page 35 (9) Firewalls and web services security controls. Same question as #6 above. See Attachment D.7 VA Directive 6500

1. Page 42, (31) (i) 52.222-26. I am interpreting this to require us, a company of 13 employees, to implement a full Affirmative Action Compliance plan and complete an EEO-1 report within 30 Days after contract award as this is a contract of $10,000 or greater. Please advise if you agree. Agreed that this solicitation will result in award of a nonexempt Federal contract with an aggregate value in excess of $10,000. Accordingly, the awardee will be subject to the requirements and responsibilities of FAR 52.222-26, subject to any relevant exceptions that apply in whole or in part.

1. Page 44, (3) Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts) I am understanding that this ONLY applies to hourly staff, not our doctors who are professional staff, and that, if I adjust pay for the courier, and it doesn’t relate to the DOL data for the position, but is voluntary, that the annual adjustment DOES NOT apply. Please confirm. FAR 52.222-43 applies to 'both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements. Recommend consulting an attorney with further questions about the applicability of this clause and whether the annual pay adjustment applies.

1. Page 44, (3) Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts I am understanding that I can include benefits in the rate for the courier. 1) Is this your understanding? 2) Is it also possible to include mileage for the trip to and from the VA as part of the courier rate? An offeror’s proposed price should be all inclusive. For Courier Services, the Unit Price is per day, not per hour or per mileage.

1. Page 44, (7) 52.222-55 Minimum wages for contract workers under Executive Order 4026 I understand the 2023 rate to be $16.20 per hour and that this will change annually. I am also understanding that this applies to hourly staff performing work for the contract and, persons in connection with the Group, i.e., all hourly employees of Amarillo Pathology Group. Please advise if this is the correct understanding. Deviated FAR clause 52.222-55 (OCT 2023) will be provided via amendment.

1. Page 44, (8) 52.222-62 Paid Sick Leave Under Executive Order 1376, I am understanding that we must provide 1 hour of sick time for every 30 hours worked in 12 months and, no less than 56 hours in 12 months. I understand this to include both hourly and exempt employees, those performing work for the contract, and employees whose work activities are not necessary for performance of the contract. We utilize a single bank of Paid Time Off which includes 120 hours of time off per year, that rolls into the next year, and can be used for sick time or vacation or personal time. 1) Am I understanding correctly that we must track, per employee, the time used for sick time to include all the allowed categories separately to meet the intent of this regulation? 2) Do we have to roll over any hours < 56 hours that WEREN’T used for sick time, even if the employee elected to use them for other purposes? Recommend consulting an attorney to discuss.

See attached document: S02 D.6 Contractor Rules of Behavior.

See attached document: S02 D.7 VA Directive 6500.

See attached document: S02 D.8 Privacy and Information Security.

See attached document: S02 D.9 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 [DEVIATION (OCT 2023)].

See attached document: S02 D.10 WD No 2015-5213 Rev No 22 6.30.2023.

See attached document: S02 D.11 VA Handbook_0710_2_May_2016.

End of Document