36C25724Q0026_1.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Diagnostic Medical Physics Services VCB (B+4)

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 75137

SOLICITATION NUMBER* 36C25724Q0026

RESPONSE DATE/TIME/ZONE 10-10-2023 10:00 CENTRAL TIME, CHICAGO,

USA

ARCHIVE 30 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* H265

NAICS CODE* 541690

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

North Texas Healthcare System

Regional Procurement Office West (RPO-W)

124 E. Hwy 67, Suite 100

Duncanville TX 75137

POINT OF CONTACT*

Contracting Officer

Matthew G. Clements matthew.clements2@va.gov

Please email all responses

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs

Harlingen VA Health Care System

2601 Veterans Drive

Harlingen TX

POSTAL CODE 78550

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://va.gov

URL DESCRIPTION VA Website

AGENCY CONTACT’S EMAIL ADDRESS matthew.clements2@va.gov

EMAIL DESCRIPTION CO email

DESCRIPTION

Solicitation 36C25724Q0026 for Diagnostic Medical Physicist

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. 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

36C25724Q0026

Matthew G. Clements 972-708-0830 10-09-2023

10:00 CDT

36C257

Department of Veterans Affairs

NCO 17 North Texas Healthcare System

Regional Procurement Office West (RPO-W)

X 100

X

541690

$19 Million

N/A

X

36C257

Department of Veterans Affairs

Harlingen VA Health Care System

ATTN: Imaging Services

2601 Veterans Drive

Harlingen TX 78550

36C257

NCO 17

Department of Veterans Affairs

North Texas Veterans Health Care Center

This is accomplished through the

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

PLEASE SEE SCHEDULE

See CONTINUATION Page

X X

X 1

Matthew G. Clements

Contracting Officer

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 Statement of Work

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...34

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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:

b. GOVERNMENT: Contracting Officer Matthew G. Clements

Department of Veterans Affairs

NCO 17 North Texas Healthcare System

Regional Procurement Office West (RPO-W)

124 E. Hwy 67, Suite 100

Duncanville TX 75137

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

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.

Tungsten Network Located At: http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 YR ________________

MEDICAL PHYSICIST SERVICES - Harlingen OPC Contract Period: Base POP Begin: 12-15-2023 POP End: 12-14-2024

MEDICAL PHYSICIST SERVICES - Harlingen Care Center Contract Period: Base

MEDICAL PHYSICIST SERVICES - McAllen OPC Contract Period: Base

MEDICAL PHYSICIST SERVICES - Laredo OPC Contract Period: Base

MEDICAL PHYSICIST SERVICES -Corpus Christi Specialty Clinic Contract Period: Base

MEDICAL PHYSICIST SERVICES - Corpus Christi WestPoint Clinic Contract Period: Base

MEDICAL PHYSICIST SERVICES - Harlingen OPC Contract Period: Option 1 POP Begin: 12-15-2024 POP End: 12-14-2025

MEDICAL PHYSICIST SERVICES - Harlingen Care Center Contract Period: Option 1

MEDICAL PHYSICIST SERVICES - McAllen OPC Contract Period: Option 1

MEDICAL PHYSICIST SERVICES - Laredo OPC Contract Period: Option 1

MEDICAL PHYSICIST SERVICES -Corpus Christi Specialty Clinic Contract Period: Option 1

MEDICAL PHYSICIST SERVICES - Corpus Christi WestPoint Clinic Contract Period: Option 1

MEDICAL PHYSICIST SERVICES - Harlingen OPC Contract Period: Option 2 POP Begin: 12-15-2025 POP End: 12-14-2026

MEDICAL PHYSICIST SERVICES - Harlingen Care Center Contract Period: Option 2

MEDICAL PHYSICIST SERVICES - McAllen OPC Contract Period: Option 2

MEDICAL PHYSICIST SERVICES - Laredo OPC Contract Period: Option 2

MEDICAL PHYSICIST SERVICES -Corpus Christi Specialty Clinic Contract Period: Option 2

MEDICAL PHYSICIST SERVICES - Corpus Christi WestPoint Clinic Contract Period: Option 2

MEDICAL PHYSICIST SERVICES - Harlingen OPC Contract Period: Option 3 POP Begin: 12-15-2026 POP End: 12-14-2027

MEDICAL PHYSICIST SERVICES - Harlingen Care Center Contract Period: Option 3

MEDICAL PHYSICIST SERVICES - McAllen OPC Contract Period: Option 3

MEDICAL PHYSICIST SERVICES - Laredo OPC Contract Period: Option 3

MEDICAL PHYSICIST SERVICES -Corpus Christi Specialty Clinic Contract Period: Option 3

MEDICAL PHYSICIST SERVICES - Corpus Christi WestPoint Clinic Contract Period: Option 3

MEDICAL PHYSICIST SERVICES - Harlingen OPC Contract Period: Option 4 POP Begin: 12-15-2027 POP End: 12-14-2028

MEDICAL PHYSICIST SERVICES - Harlingen Care Center Contract Period: Option 4

MEDICAL PHYSICIST SERVICES - McAllen OPC Contract Period: Option 4

MEDICAL PHYSICIST SERVICES - Laredo OPC Contract Period: Option 4

MEDICAL PHYSICIST SERVICES -Corpus Christi Specialty Clinic Contract Period: Option 4

MEDICAL PHYSICIST SERVICES - Corpus Christi WestPoint Clinic Contract Period: Option 4

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: VA Health Care Center (HCC) at Harlingen Attn: Imaging Service 2601 Veterans Drive Harlingen, TX 78550 United States

1.00 12/15/2023 - 12/14/2024

MARK

FOR:

Hermilo Pena

(956) 366-4500 67689 Hermilo.Pena@va.gov

0002 SHIP TO: VA Health Care Center (HCC) at Harlingen Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

0003 SHIP TO: VA Health Care Center (HCC) at

1.00 10/15/2023 -

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

0004 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

0005 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

0006 SHIP TO: VA Health Care Center (HCC) at Harlingen Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

1001 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

1.00 12/15/2024 - 12/14/2025

MARK

FOR:

Hermilo Pena

1002 SHIP TO: VA Health Care Center (HCC) at Harlingen Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

1003 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

1004 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

1005 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

1006 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive Harlingen, TX 78550 United States

FOR:

Hermilo Pena

FOR:

Hermilo Pena

2002 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

1.00 12/15/2025 - 12/14/2026

MARK

FOR:

Hermilo Pena

2003 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

2004 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

2005 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

3001 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

1.00 12/15/2026 - 12/14/2027

MARK

FOR:

Hermilo Pena

3002 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

3003 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

3004 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

3005 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

FOR:

Hermilo Pena

3006 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

4001 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

1.00 12/15/2027 - 12/14/2028

MARK

FOR:

Hermilo Pena

4002 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

4003 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

4004 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

4005 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

4006 SHIP TO: VA Health Care Center (HCC) at

Attn: Imaging Service 2601 Veterans Drive

MARK

FOR:

Hermilo Pena

VCB Medical Physicist SOW Page 19

B.4 Statement of Work

SCOPE OF WORK: The contractor agrees to furnish all materials and supplies necessary for the inspection of equipment and operations within the Imaging Service at VA Texas Valley Coastal Bend

Health Care System (VATVCBHCS) and associated clinics within). The Contractor will be qualified to provide the following:

• Annual inspections of all imaging equipment as required to meet the directives and Code of

Federal Regulations (CFR) and VHA directives. CFR-Code of Federal Regulations Title 21;

VHA 1129 Radiation Protection for Machine Sources of Ionizing Radiation.

• Acceptance testing and performance verification.

• Calibration, preventive maintenance, and documentation of all relevant information.

• Determination of shielding required for new or renovated equipment rooms for ionizing radiation, radiofrequency, and magnetic fields.

• Recertification of equipment prior to it being put back into service after major modifications or taken down for repairs that affect the radiation output, radiofrequency, or magnetic fields. This data must be reported to the Imaging Service within the next business day so that equipment can be utilized for patient care.

• Inspection on newly installed or replaced radiographic equipment, as required. This data must be reported to the Imaging Service within the next business day so that patient care scheduling can begin.

• Participation in bi-annual Radiation Safety Committee meetings via telephone.

BACKGROUND: The purpose of the resulting contract will be to provide supplies/services needed to conduct annual medical physics survey assessments on imaging equipment in all campuses/facilities of VA Texas Valley Coastal Bend Health Care System (VATVCBHCS).

Additionally, the contractor shall inspect any newly installed or modified equipment prior to use in patient care. The equipment list is subject to change throughout the life of the contract.

Reimbursement is based on actual certifications and re-certifications performed.

It is an FDA requirement that all radiographic equipment be monitored to assure the safety of the patient and the medical staff (CFR-Code of Federal Regulations Title 21). The first responsibility of the medical physicist is to ensure that the programs are in place to facilitate the production of quality diagnostic images consistent with the available technology and which optimize safety (including radiation, mechanical and electrical) for the patient.

VCB Medical Physicist SOW Page 20

PERFORMANCE PERIOD: The contract will be a base year plus four option years. The contractor shall begin and complete the work required under this Statement of Work annually for existing equipment. The contractor will also complete work for newly installed or modified equipment throughout the performance period as coordinated with the Contracting Officer’s Representative

(COR) and Contracting Officer (CO).

DELIVERABLES & MANDATORY TASKS

• The contractor shall provide annual inspection of existing equipment. See attachment “A.”

• The contractor shall provide inspections/re-certification for newly installed, modified, or replaced equipment as coordinated with the Contracting Officer’s Representative (COR) and the Contracting Officer.

• The contractor shall complete the inspections 1 year from the last inspection, plus or minus

30 days per Joint Commission Standard EC.02.04.03.

• A pass/fail determination will be given to the Imaging Service at the time of inspection, with a detailed report of findings to follow within 30 days of the inspection. For any reporting delay the contractor is required to explain the reason for the delay in writing to the

Contracting Officer, (CO) including a firm commitment of when the work shall be completed. This notice to the CO shall indicate the reason for delay and the impact on the overall project. The CO will then review the facts and issue a response in accordance with applicable regulations.

• The contractor shall provide an accredited medical physicist for participation in bi-annual

Radiation Safety Committee meetings.

• The contractor shall communicate with the Contracting Officer’s Representative and the

Contracting Officer on all matters pertaining to contract administration. Only the Contracting

Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such changes, 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 costs incurred as a result thereof.

CONTRACTOR EXPERIENCE REQUIREMENTS

Contractor shall be certified in the appropriate area by one of the following boards: The American

Board of Radiology (ABR), The American Board of Medical Physics (ABMP), The American Board of Science in Nuclear Medicine (ABSNM), The Canadian College of Physicists in Medicine (CCPM) or The American Board of Health Physics (ABHP).

PERSONNEL POLICY

VCB Medical Physicist SOW Page 21

• The parties agree that such contractor furnished personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor.

• It is the responsibility of the contractor to assure their candidates have proof of citizenship or proof of the candidates’ right to work under a U.S. Citizenship and

Immigration Services (USCIS) VISA program.

PERSONNEL QUALIFICATIONS: Prior to commencing work all Contractor employees shall meet certain criteria to perform work under this contract as a Medical Physicist.

The Contractor Diagnostic Medical Physicist shall meet the following education, experience, certification, and qualification standards:

• Hold a Masters Degree in Medical Physics.

• American Board of Radiology Board Certification in Radiologic Physics

• American Board of Radiology Board Certification in Nuclear Medicine Physics

• American Board of Science in Nuclear Medicine

• Meet all NRC, ACR, FDA and Joint Commission requirements for a qualified medical physicist.

• All Texas Department of State Health Services, Radiation Control Regulations, and certifications

• Current recommendations of the NCRP and AAMP on medical imaging facility design and shielding, All current NRC regulations

• Current techniques for the calibration and testing of diagnostic x-ray equipment.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Position Sensitivity – The position sensitivity has been designated as Low Risk/Non-sensitive.

a. Background Investigation – Upon contract award, all personnel with access to the facility shall be subject to the appropriate type of background investigation or screening per

VA/VHA policy, and must receive a favorable adjudication from the local VA facility or VA

Security and Investigations Center (SIC) depending on the type of investigation/screening required.

b. Contractor Responsibilities

VCB Medical Physicist SOW Page 22

(1) The Contractor shall submit or ensure that their employees submit the required information to the Contracting Officer and Contracting Officer’s Representative

(COR). The Contractor shall submit the required forms to the VA Security and

Investigations Center within 5 days of receipt of the e-mail with instructions to do so.

The Contractor shall not allow Contractor personnel who require a background investigation to start performing until the Contractor has received written confirmation from the Contracting Officer that the SIC has initiated a background investigation.

(2) The Contractor, when notified of and unfavorable determination by the

Government, shall withdraw the employee from consideration from working under the contract.

(3) Unless written authorization is issued by the Contracting Officer, contractor employees will not use any form of removable storage media when providing services under the terms of this contract. Removable storage media includes, but is not limited to, USB thumb drives, MP3 Players, and external hard drives. Should the

Contractor determine that the use of removable storage devices is required they must submit a written request with full justification to the Contracting Officer

Failure to comply of with the contractor personnel security requirements may result in termination of the contract for default.

HIPPA COMPLIANCE

The diagnostic medical physicists working with the contractor may encounter sensitive patient information displayed on the control panel of X-ray equipment. However, contractor owned IT devices (such as laptop computer) shall not interface with any VA internet trusted (i.e., non-public) network. Therefore, the certification and accreditation (C&A) requirements do not apply, and a

Security Accreditation Package is not required. Contractor shall not print or copy any sensitive patient information.

Contractor must adhere to the provision of Public Law 104-191, Health Insurance Portability and

Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human

Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate

Standard. This requirement meets the exception and does not require a Business Associate agreement in order for Covered Entity to disclose Protected Healthcare Information to a health care provider for treatment.

Information Systems Officer, Information Protection: 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.

Privacy Officer: The contractor will not have access to Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA.

VCB Medical Physicist SOW Page 23

Records Manager: There will not be federal records created, maintained, used or disposed of with this contract; regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.].

JOINT COMMISSION, VHA, QM AND OTHER STANDARDS

The Contractor must perform the required work in accordance with The Joint Commission (TJC) and

Veterans Health Administration Standards. The TJC website is: http://www.jointcommission.org/.

The Contractor must comply with all annual updates as issued. Contractor agrees to maintain the minimum acceptable service, reporting systems and quality control as specified herein. Failure to comply with the specified terms and conditions and/or adverse reports from external monitoring agencies that indicate poor quality of care may be grounds for termination of the contract. Contract shall provide immediate notification, within 24 hours, to the responsible VA Official of any adverse action by a regulatory agency.

CONTRACT CLOSEOUT

The Contractor will furnish a statement in writing to the Contracting Officer at close out of the contract to include summary of the contractor actions and statement that all requirements of the contract were fulfilled as agreed. A summary evaluation of contract performance based upon the compliance or noncompliance of contract to include a summary of contractor actions and statement that all requirements of the contract were fulfilled as agreed.

WORK HOURS

Contractor shall be responsible for providing services in between the hours of 8:00am and 4:30pm

Monday through Friday excluding Federal Holidays. Federal Holidays are as follows:

RECORDS MANAGEMENT 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. VA Texas Valley Coastal Bend Health Care System (VA TVCBHCS) 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 VA Texas Valley http://www.jointcommission.org/

VCB Medical Physicist SOW Page 24

Coastal Bend Health Care System (VA TVCBHCS) 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 VA Texas Valley Coastal Bend Health Care System (VA TVCBHCS). 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 [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 VA Texas Valley Coastal Bend Health Care System

(VA TVCBHCS) 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).

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 VA

Texas Valley Coastal Bend Health Care System (VA TVCBHCS) 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 VA Texas Valley Coastal Bend Health

Care System (VA TVCBHCS) policy.

8. The Contractor shall not create or maintain any records containing any non-public VA

Texas Valley Coastal Bend Health Care System (VA TVCBHCS) 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 VA Texas Valley Coastal Bend Health Care System (VA TVCBHCS) 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 VA Texas Valley Coastal Bend Health Care

System (VA TVCBHCS) 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 VA Texas Valley Coastal Bend Health Care

System (VA TVCBHCS)-provided records management training, Talent Management System

(TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and an annual or refresher training.

VCB Medical Physicist SOW Page 25

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety

Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record

Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

2) If unvaccinated and granted a medical or religious exception, shall show negative

COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer

Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool. Regularly check the website for updates.

a. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening

Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA

Facilities.

(End of VHA Supplemental Contract Requirements for Ensuring Adequate

COVID-19 Safety Protocols for Federal Contractors)

VCB Medical Physicist SOW Page 26

Attachment “A”

VA TEXAS VALLEY COASTAL BEND HCS

RADIOLOGY EQUIPMENT LIST

• Harlingen Outpatient Clinic (HOPC) o MRI Unit – 3.0 Tesla – EE# 2481 o CT Unit – 64 slice – EE# 17002 o DEXA Unit – EE# 2498 o XRay Unit – EE# 17003 o Mobile XRay Unit – EE# 13526 o Portable Dental XRay unit – EE# 17133 o Portable Dental XRay unit – EE# 17134 o Pano Dental XRay unit – EE# 1934

• Harlingen Care Center (HCC) o C-arm Unit – EE# 23988 o C-arm Unit – EE# 16847 o Mini C-Arm Unit – EE# 4954 o Ultrasound Unit – EE# 16519 o Portable Dental XRay unit – TBD o Portable Dental XRay unit – TBD o Portable Dental XRay unit – TBD o Portable Dental XRay unit – TBD o Pano Dental XRay unit – TBD

• McAllen Outpatient Clinic (MOPC) o XRay Unit – EE# 14911 o X-Ray Unit - EE# 18294 o DEXA Unit – EE# 12976 o Ultrasound Unit – EE# 12611 o Mammography Unit – EE# 16889

VCB Medical Physicist SOW Page 27 o Mammography workstation – EE#17800

• Laredo Outpatient clinic (LOPC) o XRay Unit – EE# 8406 o Mobile XRay Unit – EE# 17508

• Corpus Christi WestPoint clinic (CCWP) o MRI Unit – 1.5 Tesla – TBD o CT Unit – 80 slice – TBD o DEXA Unit – TBD o XRay Unit – TBD o Xray/Fluoro Unit – TBD o Ultrasound Unit – EE# 16428 o Mobile XRay Unit – EE# 17507 o Mammography Unit – TBD o Mammography workstation – TBD

• Corpus Christi Specialty Clinic (CCSC) o Dental XRay Unit (Pano) - Serial No: KPP19100224 o Dental XRay Unit - Serial: ITPX19031719 o Dental XRay Unit - Serial: ITPX19031617 o Dental XRay Unit - Serial: ITPX19037140 o Dental XRay Unit - Serial: ITPX19031714 o Dental XRay Unit - Serial: ITPX19031682

*Equipment is subject to change due to possible replacement, repair, or addition.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 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 required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed…