36C25726Q0755_1 - SF1449.docx

36C25726Q0755

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

36C25726Q0755 07-2 -2026 Gillian M. Hooge

(210) 364-3724 08-18-2026 10 am

CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio TX 78240 X X 532490 $40 Million N/A X 36C674 Department of Veterans Affairs Central Texas Veterans Health Care System 1901 Veterans Memorial Drive Temple TX 76504-7451 Same as Block 9.

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

- See Schedule - Mobile PET/CT for Central Texas Veterans Health Care System Contract or must include obligation number (TBD) on all shipping documents and all electronically submitted invoices See CONTINUATION Page X Vance Wayne Farrell Contracting Officer 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:

b. GOVERNMENT: Contracting Officer 36C257 Vance W. Farrell Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

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.

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

Contractor shall provide a mobile shielded PET/CT Scanner for the VA Central Texas Healthcare System (VACTHCS). The scanner will include supporting equipment and software to provide the VA Central Texas Nuclear Medicine Service a like system which will provide the same level of care our patients are presently receiving. It is agreed upon and understood that the vendor will provide appropriate training for the Mobile Unit for all VA PET/CT CNMTs. All services shall be provided in accordance with the specifications, terms and conditions contained herein.

1. SERVICES:

Contractor shall provide a vendor owned mobile PET/CT scanner (minimum features seen below) in a mobile solution that meets regulatory requirements and specifications. The vendor will provide transportation to and from the pre-determined locations and PACS Network connectivity/hook up. The entire offering of a PET/CT Mobile Trailer service shall meet all local, state, federal, industry, NHPP, NRC, Joint Commission NEC, NFPA, VA, OSHA, and other regulatory standards internal or external applicable to the VA Central Texas. The vendor shall provide initial medical physics compliance testing reports IAW JC. The vendor shall provide initial shielding requirements (based upon anticipated patient workload) and shielding verification reports IAW JC requirements.

The selected vendor is expected to provide specific services as follows:

· Mobile PET/CT must be operational after contract award, pending completion of site prep work by VA when applicable for each location.

· Mobile PET/CT unit on site for an estimated 1 year (with possible additional option years).

· System manufacturer of the PET/CT must meet the minimum specifications (PET/CT System Requirements below).

· VA Nuclear Medicine Physicians will interpret the mobile PET/CT images.

· The Vendor will provide all VA technologist staff appropriate training on the equipment.

· The Vendor is responsible for transporting the unit to and from the determined locations.

· The Vendor is responsible for the maintenance of the unit by an OEM FSE, including all Preventative Maintenance (PM), and all Parts and Labor. After each service the OEM FSE must provide a vendor Engineering Service Report (ESR) to Biomed staff.

· The vendor must perform the initial medical physics survey IAW Joint Commission requirements.

· The vendor must also provide the shielding recommendation report IAW National Council of Radiation Protection 147.

· VA contracted medical physicist(s) also be given access to perform appropriate physics testing as necessary to maintain consistency with VA owned equipment or review appropriate documentation of completed testing to ensure adequacy. At a minimum ACR standards must be maintained for all imaging equipment.

· All equipment must be properly maintained and tested in accordance with JC/NRC/NHPP guidelines.

· Vendor must have a Reciprocal Agreement between the State of Texas and the NRC to use radioactive materials under their State License on any Federal or Federally-leased property.

· Vendor is responsible for posting Radioactive Material signage in and on mobile unit and adding additional signage if requested from appropriate VA Central Texas staff.

· System must be able to transfer image and data to multiple modalities including PACs, GE AW workstation, MIM, Cedars (when applicable) and VISTA Imaging. OEM FSE will establish network and printer connectivity at the site in coordination with local IT/PACs staff. Verification of connectivity must be made prior to the start of patient procedures.

· System scan protocols must be verified and validated by VA Central Texas Staff Nuclear Medicine Physicians.

· Vendor agrees to cooperate with VA for quality control purposes.

· Upon removal of equipment from the VA custody, 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.

Section A:

PET/CT Mobile Unit

· Must provide a mobile unit that is at most 3 years old, preference for brand new mobile unit.

· The Mobile unit must be at a minimum size of 12’ wide x 48’ long to accommodate full access inside mobile unit and around PET/CT scanner.

· Mobile unit must contain a minimum of two individually fully shielded/ ABA (Architectural Barriers Act) compliant Patient Injection rooms.

· Mobile unit must be Ground-Level, Flush-to-Surface Entry: Eliminates the need for wheelchair lifts or stairs, reducing fall risk, preventing lift malfunctions, and improving stretcher access.

· Must be a Stationary “No-Wheel” Modular-Like Build:

· Regular wheeled trailers have operational hazards including tire blowouts, axle wear, and instability when stationary for long periods, posing additional maintenance and safety risks. Our required unit avoids these vulnerabilities entirely.

· Hand washing sink.

· Must include HVAC system that meets manufacture requirements

· Mobile unit must provide separate temperature controls in the scanner room vs uptake/patient rooms to ensure optimal functionality and comfort for both clinical staff and patients, as these areas have different usage patterns and thermal loads that can impact equipment performance and patient well-being. It reduces the risk of humidity and excess heat impacting the scanner, cables, and other components.

· Scan rooms must be kept within manufacturer-specified temperature ranges to maximize uptime and protect sensitive electronics.

· Uptake areas are primarily for patient waiting or preparation, where comfort and a quiet, stable environment contribute to successful imaging procedures.

· Handicapped accessible meeting all ADA guidelines.

· The PET/CT mobile shall provide the space sufficient for the monitoring of injected patients and conducting CPR and code, if needed. Adequate radiation shielding and security measures are requisite.

· Mobile unit must contain a shielded Hot Lab in a separate room that needs to include two locking mechanisms for security of radioactive sources.

· The Mobile unit shall also have an intercom system between the control room and scanning room

· The PET/CT mobile must include Integrated Restroom Facilities: Critical for oncology patients undergoing lengthy scan preparation or with urinary urgency related to care. Eliminates unsafe patient transfer to external restrooms in inclement weather.

· Nuclear Medicine Information System (NMIS) must be included in the hot lab to manage radiopharmaceutical deliveries and patient administrations.

Section B:

PET/CT Scanner With Minimum Features:

· Siemens Vision PET/CT, GE Discovery, or Digital PET/CT Scanner to best match current digital system(s) in use at VA Central Texas Health Care System [specifications described below]

· Must have LYSO crystal-based technology and minimum 64 slice (128 slice preferred) CTAC. Time of flight scanning with a timing resolution less than 600ps is requisite.

· Must provide a PET/CT scanner that is at most 3 years old, preference for brand new mobile unit.

· QSuite or equivalent package

· QClear iterative reconstruction or equivalent technology

· QCORE Power upgrade when applicable or equivalent upgrade

· 2M Scan Range preferred

· Most current software level per vendor

· Windows 10 or later version (Windows XP not acceptable)

· Metal Artifact Reduction preferred

· SnapShot imaging or equivalent package

· Q Static or equivalent package

· Motion Compensation Technology

· Advanced Scan tools for:

· Cardiac processing to include Myocardial blood flow and quantitation

· Cardiac Ca++ scoring

· Oncology

· Neuro

· PET Bone Imaging

· Low Dose CT Lung Screening

· Post-processing

· High Resolution LCD Monitor

· DICOM Workflow Management

· IHE Schedule Workflow

· Physiological Synchronization

· DVD read/write device

· DICOM Store/Query/Retrieve

· ACR Accredited system

· Patient table must meet or exceed 500lbs weight limit.

· Must also provide AW workstation or comparable reading station for NM physician.

Section C:

Service Locations

· The Mobile PET/CT unit’s base location will be at the VA Central Texas in Temple, TX.

Olin E. Teague Veterans Center 1901 Veterans Memorial Drive Temple, TX 76504

· Additional scanning site may include:

VA Austin Outpatient Clinic 7901 Metropolis Drive Austin, TX 78744

· Additional VA sites to be determined based on infrastructure availability and patient demand.

2. Definitions/Acronyms:

A. Biomedical Engineering - Supervisor or designee B. CO - Contracting Officer.

C. PM - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or operative conditions. Service shall consist of calibration and testing in accordance with the manufacturer’s latest established service procedures to ensure operation of equipment within manufacturer’s or VA’s performance specifications, whichever is the most rigorous. PM includes cleaning, inspecting lubricating and testing all equipment. All equipment shall be operated at least one complete operating cycle at the end of each PM.

D. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VA Hospital premises.

E. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and conditions of the contract.

F. Acceptance Signature - VA employee who indicates FSE demonstrated service conclusion/status and user has accepted work as complete/pending as stated in ESR.

G. Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR.

H. NFPA - National Fire Protection Association.

I. CDRH - Center for Devices and Radiological Health.

J. VA - Department of Veterans Affairs.

K. OEM - Original Equipment Manufacturer

3. Government Furnished Utilities/Services:

a. The Government will provide the following utilities/services to the Contractor if required for the operation of the mobile PET/CT unit.

1. Electricity*

2. Telephone Line(s) **

3. Data Port

* In accordance to the Original Equipment Manufacturers’ (OEM) electrical specifications.

** Use of telephone extension while mobile unit is on site to permit the unit to make and receive telephone call and to facilitate the movement of patients to and from the unit.

b. The professional component of the PET/CT exams will be provided by VA Nuclear Medicine Physicians.

c. VA staff will be responsible for scheduling and imaging the patients for the mobile unit.

4. Preventive Maintenance (Pm)/ Repairs:

A. Contractor shall ensure that the system has current PMs performed by the OEM and is meeting the manufacturer’s specifications.

B. The contractor shall furnish documentation, including all measurement and calibration data to certify that the system is performing in accordance with the performance specifications. All required repairs shall be completed within 5 business days of identification of any deficiency.

C. Any event the system is unoperated beyond 48 hours, the vendor will offer the pro-rated rate of _____________________________________.

5. Emergency Maintenance:

The contractor will maintain that a greater than 95% uptime of the system is met and that there are provisions for emergency service during normal business hours. All maintenance will be performed by a contract agreement with the OEM.

6. Parts:

The contractor shall furnish and replace all parts at no additional cost to the Government. The contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be OEM and fully compatible with existing equipment. The contract shall include all parts with the exception of consumable or expendable items. The contractor shall use new or rebuilt parts. Used parts, those removed from another system, shall not be installed without approval by Biomedical Engineering and/or VA Central Texas Medical Physicist.

7. Reporting Requirements:

The contractor shall contact Biomedical Engineering prior to performance of work under this contract. This check-in is mandatory and can be accomplished in person or by phone contact. When the service(s) is/are completed, the FSE shall document the services rendered on a legible ESR(s).

8. Additional Charges:

There will be no additional charge for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts.

9. Reporting Required Services Beyond The Contract Scope:

The Contractor shall immediately, but no later than 24 consecutive hours after discovery, notify VA Central Texas of the existence or the development of any defects in, or repairs required to be scheduled. Documentation of repair and physics evaluation is required.

10. Condition Of Equipment:

The vendor will provide equipment that at a minimum meets ACR standards and requirements.

11. Competency Of Personnel Servicing Equipment:

A. Each respondent must have an established business with “fully qualified” FSE who is familiar with the equipment identified in Section B.

B. “Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) shall have successfully completed a formalized training program, for the equipment identified in Section B. For field experience, the FSE(s) shall have a minimum of one year of experience, with respect to scheduled and unscheduled preventive and remedial maintenance on equipment identified in Section B.

C. The FSE(s) shall be authorized by the contractor to perform the maintenance services as required. All work shall be performed by "Fully Qualified" competent FSEs. The contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for the make and model of the equipment leased to the VA Central Texas. The CO may authenticate the training requirements, request copies of training certificates or credentials from the contractor at any time for any personnel who are servicing or installing any VA Central Texas equipment. The CO and/or the COR specifically reserve the right to reject any of the contractor's personnel and refuse them permission to work on the VA Central Texas leased equipment.

12. Test Equipment:

Prior to commencement of work on this contract, the contractor shall make available, if requested, a copy of the current calibration certification of all test equipment that is to be used by the contractor in performing work under the contract. This certification shall also be provided on a periodic basis when requested by the VA Central TX. Test equipment calibration shall be traceable to a national standard.

13. Identification, Parking, Smoking, Cellular Phone Use And Va Regulations:

The contractor's FSE shall wear visible identification at all times while on the premises of the CTVHCS. It is the responsibility of the contractor to park the mobile unit in the appropriate designated parking areas. Designated parking areas will be determined in advance of mobile unit delivery. Additionally, information on parking will be available from the VA Police-Security Service. The CTVHCS will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the CTVHCS. Possession of weapons is also prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court.

14. Compliance With Osha Bloodborne Pathogens Standard:

The contractor shall comply with the Federal/Texas OSHA Bloodborne Pathogens Standard. The contractor shall:

a. Have methods by which all employees are educated as to risks associated with bloodborne pathogens.

b. Have policies and procedures that reduce the risk of employee exposure to bloodborne pathogens.

c. Have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens.

d. Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouthpieces for the employee during performance of the contract.

15. Security Controls Compliance Testing On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

16. Training:

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

i. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

ii. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

iii. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

iv. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

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

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

PRIVACY OFFICER LANGUAGE

The Contractor will have limited access to protected Patient Health Information (PHI) only for the purposes of providing clinical care. If removal of equipment from the VA is required, any memory storage device with patient information will remain in VA control and will not be removed from VA custody. All research data available for Contractor analysis is de-identified.

Information System 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.

RECORDS MANAGEMENT LANGUAGE

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

1. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

1. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

1. 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 by the Freedom of Information Act.

1. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

1. The Government Agency owns the rights to all data/records produced as part of this contract.

1. The Government Agency owns all components containing and used to store patient data and has the right to retrieve such components upon termination of contract. At the end of the contract, any hard drive containing patient information will be relinquished to the VA.

1. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

1. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

1. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

1. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

VA INFORMATION CUSTODIAL LANGUAGE

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

VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

SECURITY INCIDENT INVESTIGATION

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

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.

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.

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 violations associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH

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 of the event of a data breach or privacy incident involving any SPI the contractor /subcontractor processes or maintains under this contract.

The contractor /subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation above. Upon such notification, VA must secure from a non – Department entity of 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 entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

· Nature of the event (Loss, theft, unauthorized access)

· Description of the event, including:

· Date of occurrence

· Data elements involved, including PHI, such as full name, social security number, date of birth, home address, account number, disability code;

· Number of individuals affected or potentially affected;

· Names of individuals or groups affected or potentially affected

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

· Amount of time the data has been out of VA control;

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

· Known misuses of data containing sensitive personal information, if any;

· Assessment of the potential harm to the affected individuals;

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

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

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying 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:

Notification:

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

Data breach analysis:

· Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matter to resolution;

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

· Necessary legal expenses that subject may incur to repair falsified or damaged credit records, histories, or financial affairs.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Mobile PET/CT Lease Contract Period: Base POP Begin: 09-03-2026 POP End: 09-02-2027 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Mobile PET/CT Lease Contract Period: Option 1 POP Begin: 09-03-2027 POP End: 09-03-2028 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Mobile PET/CT Lease Contract Period: Option 2 POP Begin: 09-03-2028 POP End: 09-02-2029 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Mobile PET/CT Lease Contract Period: Option 3 POP Begin: 09-03-2029 POP End: 09-02-2030 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Mobile PET/CT Lease Contract Period: Option 4 POP Begin: 09-03-2030 POP End: 09-02-2031 PRINCIPAL NAICS CODE: 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

GRAND TOTAL

B.4 DELIVERY SCHEDULE

1901 Veterans Memorial Drive Temple, TX 76504 7451 United States

1901 Veterans Memorial Drive Temple, TX 76504 7451 United States

1901 Veterans Memorial Drive Temple, TX 76504 7451 United States

1901 Veterans Memorial Drive Temple, TX 76504 7451 United States

1901 Veterans Memorial Drive Temple, TX 76504 7451 United States

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission…