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36C25919Q0595

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

660-19-4-5030-0674

08-28-2019 Brian Werner, brian.werner2@va.gov 303-712-5764 09-12-2019 4pm 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

561320 $27.5 Million

N/A

36C660 Department of Veterans Affairs George E. Wahlen VA Medical Center 500 Foothill Drive

Salt Lake City UT 84148-0001 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5221

See CONTINUATION Page The contractor shall provide the services of a Radiation Safety Officer (RSO)/Medical Physicist in accordance with the Performance Work Statement (PWS) at George E. Wahlen VA Medical Center.

Estimated Period of Performance:

Base year: 10/01/2019 - 09/30/2020 Option year 1: 10/01/2020 - 09/30/2021 Option year 2: 10/01/2021 - 09/30/2022 Option year 3: 10/01/2022 - 09/30/2023 Option year 4: 10/01/2023 - 09/30/2024

See CONTINUATION Page

660-3690162A1-5030-855100-2543 0100501X2

Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
Performance Work Statement (PWS)6
B.2 PRICE/COST SCHEDULE16
ITEM INFORMATION16
B.3 DELIVERY SCHEDULE18
SECTION C - CONTRACT CLAUSES20
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)20
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)26
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)26
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS26
C.5 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009)27
C.6 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)27
C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)27
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)28
C.9 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)29
C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)30
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)31
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)31
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS39
BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, AND CONTRACTOR39
SECTION E - SOLICITATION PROVISIONS45
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)45
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)51
E.3 52.216-1 TYPE OF CONTRACT (APR 1984)52
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)52
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)53
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)53
E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)54
E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)54
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)57

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:

Name/Title:

Email:

Phone:

Address:

DUNS #:

Cage code:

TIN #:

b. GOVERNMENT:

Contracting Officer Tim Myers, timothy.myers5@va.gov

(303) 712-5820 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Contract Specialist Brian Werner, brian.werner2@va.gov

(303) 712-5764 Department of Veterans Affairs Network Contracting Office 19

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, 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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

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

AMENDMENT NO
DATE

36C25919Q0456

Page 1 of Page 1 of 36C25919Q0595

Page 1 of Page 1 of

Performance Work Statement (PWS)

RADIATION SAFETY OFFICER (RSO) / MEDICAL PHYSICIST

1. BACKGROUND

The Department of Veterans Affairs Salt Lake City Medical Center (SLCVAMC) has the need for the services of a Radiation Safety Officer (RSO)/ Medical Physicist. The contractor shall furnish the services of Radiation Safety Officer and Medical Physicist for the George E. Wahlen Medical Center, 500 Foothill Drive, SLC, Utah 84148.

The contractor shall ensure that Salt Lake City VAMC meets the standards and regulatory requirements for radioactive material use, diagnostic machine sources of ionizing radiation, and MRI, consistent with:

· National Health Physics Program (NHPP) (http://www.patientcare.va.gov/nhpp.asp)

· Nuclear Regulatory Commission (NRC) www.nrc.gov

· Joint Commission on Accreditationwww.jointcommission.org

· The American College of Radiology (ACR) practice guidelines http://www.acr.org/~/media/ACR/Documents/PGTS/standards/ElectronicPracticeMedImg.pdf

· Occupational Health and Safety Administration (OSHA); www.osha.gov

· VHA Master Materials License (MML) permit conditions for the SLCVAMC

The contractor shall adhere to the following policy/handbooks:

· VA Directive 1663: Health Care Resources Contracting - Buying http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=347

· Veterans Health Administration (VHA) Directive 2006-041 “Veterans’ Health Care Service Standards” https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1443

· VHA Directive 1105: Management of Radioactive Materials - https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3080

· VHA Handbook 1100.17: National Practitioner Data Bank Reports - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2135

· VHA Handbook 1100.18 Reporting And Responding To State Licensing Boards - http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1364

· VHA Handbook 1100.19 Credentialing and Privileging – http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2910

· VHA Directive 2012-030 Credentialing of Health Care Professionals – http://vaww.va.gov/vhapublications/ViewPublication.asp?pub_ID=2815

· VHA Handbook 1907.01 Health Information Management and Health Records: http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2791

· Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia updates/Vol_XVII_4/page2.htm

The Radiation Safety Officer/Medical Physicist shall:

Implement and maintain the Radiation Protection Program as referenced in NRC: 10 Code of Federal Regulations (CFR) 20.1101.

Be able to be named on our permit as the RSO for the following sections and activities:

· 35.100

· 35.200

· 35.300

Research Report in writing quarterly to the facility on compliance to National Health Physics Program (NHPP), The Joint Commission (TJC), and Veterans Health Administration (VHA) standards for Computed Tomography, Nuclear Medicine, Magnetic Resonance Imaging, Diagnostic Radiology, Dental and C- arm.

Ensure that the SLCVAMC location meets all NHPP, NRC, state, federal, and Joint Commission requirements and exists in a state of compliance for all inspections. The contractor shall submit a report quarterly to the facility regarding compliance or proposed changes in regulations and therefore local procedures. A copy of this report shall be kept by the contractor in accordance to NRC 10 CFR 20.1101 and a copy given to the Contracting Officers Representative, the Manager, Safety Departments and the Chief, Biomedical engineering within five working days.

Assist the SLCVAMC administration in the conduct of the institution’s radiation safety, quality management, and As Low As Reasonably Achievable (ALARA) programs by reviewing, suggesting areas for improvement, updating policies, and or Medical Center Memorandums pertaining to these topics, procedures, and any service guidelines. The contractor shall submit all updated policies and or Medical Center Memorandums within two business days of completion to the Manager, Safety Department and the contractor shall also maintain a copy.

Ensures all records required by the state, federal and hospital accreditation agencies are completed timely, updated per regulations, and on file at the SLCVAMC with a back-up copy to be maintained by the contractor. All documentation referenced in this specification shall be submitted within five (5) working days to the Contracting Officer’s Representative and Manager, Safety Department.

Attend the Radiation Safety Committee and Laser Safety Committee quarterly and address all standing items such as but not limited to;

· Patient safety concerns

· Nursing/radiologist radiation safety training

· Personal dosimetry status report and ALARA

· Footprint measurement status

· Security status review

· Status of the written directives

· Nuclear medicine quality control review

· Radiology - Salt Lake City CT dose

Attend the MRI Safety Committee quarterly and assist the committee with all standing items such as but not limited to:

· Announcements

· Approval of minutes

· Old business

· New business

· Training

· Safety issues and incidents

Review of action items:

Review radiation safety practices and investigate deviations from the radiation safety practices approved by facility management and/or the Radiation Safety Committee/Laser Safety Committee, if applicable.

Review and submit by signature the Radiation Safety Committee and the Laser Safety Committee minutes and MRI Safety Committee minutes within five (5) business days to the Manager, Safety Department and the Contracting Officer’s Representative (COR) after each quarterly meeting or more often when applicable when or if additional meetings are required such as but not limited to over exposure, accidental spills and so on.

Perform an annual review of the radiation safety program and submit a written summation of findings that meet all regulatory guidelines as listed previously to the COR and the Manager, Safety Department no later than January 31st of each year.

The contractor shall conduct an initial and annual review of all SLCVAMC policy and all procedure manuals pertaining to ionizing radiation safety for SLCVAMC campus. During the period of the contract, the contractor shall continually update these manuals to meet existing guidelines of the NHPP, NRC, state, federal and hospital accreditation authorities. The contractor shall inform the Manager, Safety Department and the COR of all changes made to the policies and procedures within two (2) business days of the signed final document.

The contractor shall remain compliant at all times with any requirement changes as mandated by all agencies having jurisdiction The contractor shall return all urgent phone calls within two (2) hours and non-emergent phone calls within twenty-four (24) hours. Is also able to report, on-site, to respond to incidents/emergencies within four (4) hours when the SLCVAMC deems the physicist’s presence is essential.

Follow all applicable VA and VHA policies, procedures and directives.

Prepare license compliance renewals and amendments as per NHPP and NRC requirements for the site.

Perform annual physics evaluations using American College of Radiology (ACR) standards and phantoms on all equipment listed within each section as outlined. Provide certifications for each piece of equipment that can be displayed. A copy of these evaluations shall be provided no later than within thirty (30) days prior to the expiration of the previously issued equipment licensure and evaluation to the COR and the Manager, Safety Departments.

Review and monitor personnel radiation exposure reports monthly and provide written over- exposure reports if applicable.

Review all incidents involving licensed materials and provide written incident reports that meet all NHPP and NRC guidelines. A copy of the report involving this standard must be provided to the Manager, Safety Departments and the COR.

Assist in the preparation of administrative reports required by the NHPP, the NRC, VA, VHA or the SLCVAMC.

Ensure annual training is complete (or upon hiring a new employees) of Nuclear medicine staff and other Safety staff regarding proper handling of radioactive materials and sealed sources; annual fluoroscopy safety training for Radiologists. Documentation of all training will be compiled by the contractor and submitted to the COR and the Manager, Safety Departments.

Conduct duties while maintaining a safe environment at all times.

The Radiation Safety Officer/Medical Physicist shall provide oversight for the radiation safety program through periodic reviews and audits, to include:

Reviewing annually the radiation safety program as specified in 10 CFR 20.1101, to include locations of use with emphasis on decommissioning records as specified in 10 CFR Part 30.

Reviews or audits, as needed, the radioactive materials scope of use.

Evaluation of results from audits, reviews and inspections to determine possible generic issues or trends. Identify root causes, specify corrective actions and actions to prevent recurrence, and determine if any results are applicable to other uses of radioactive materials.

Distribution of results of audits, reviews and inspections to all work centers and availability to the staff working with or around radioactive materials.

Oversight and follow-up to resolve health and safety issues and radiation safety program deviations as needed.

Reviewing, at least every 6 months, occupational and public doses.

Reviewing, at least every 6 months, any identified health and safety issues or possible radiation safety program deviations from regulatory compliance or required practices.

Reviewing and approving training and experience for prospective Radiation Safety Officers, authorized users and other staff requiring regulatory approval.

Reviewing and approving proposed changes applicable to training, equipment, facilities and radiation safety procedures or practices.

Ensuring sealed source inventories are completed:

Quarterly, for sealed sources with either current activity greater than 1 millicurie or current activity greater than 1000 times the quantities in 10 CFR Part 20, Appendix C.

Semiannually, for all other sealed sources except sources specifically exempted by 10 CFR 30.11 Ensuring sealed source records are maintained for transfer or disposition to document leak test results, if the sealed source was required by regulation or permit condition to have a leak test.

Providing results if requested, for sealed source inventories and leak tests to NHPP.

Providing oversight for security of radioactive materials by:

Compliance with regulations in 10 CFR 20.1801, 20.1802, and 10 CFR Part 37.

Assists the agency to minimize adversary or unauthorized removal of radioactive materials.

Compliance with the security guidelines in VHA Handbook 1200.06, Control of Hazardous Agents in VA Research Laboratories.

Assists the agency in taking on adequate security commensurate with possible risks of radioactive materials unauthorized use.

Classifying sealed sources, not in active use for their intended clinical or research purpose for a period of 24 months, as disused sources and evaluating the disused sources for disposal as expeditiously as possible.

Assisting the radiation safety program implementation to be consistent with the program codes (i.e., whether broad-scope or limited-scope medical or research uses) and permitting conditions approved for the permittee.

Ensuring approvals for authorized users and locations of use (except as authorized per 10 CFR 35.14) are limited to broad-scope permittees.

Ensuring compliance with posting requirements specified in 10 CFR Part 19 and 21.6, as in the following.

Periodically evaluate “action levels” for continued appropriateness to ensure compliance with NRC: 10 CFR 20.1501 and 1502 for the following:

· Personal exposure investigation levels;

· Area surveys, dose rate and contamination levels;

· Bioassays, if necessary; and Radioactive effluent concentrations, if necessary.

Review the following Radiation Protection Program records:

· Sealed source inventories;

· Sealed source leak tests;

· Dose calibrator linearity tests;

· Dose calibrator accuracy tests;

· Dose calibrator geometrical variation tests;

· Occupational radiation exposure reports;

· Medical event documentation;

· Spill/incident reports for cause and corrective action; and

· Dose rate and contamination survey results.

Assist to ensure the use of reasonable practices and controls to strive to maintain doses to workers and to the public are ALARA, in compliance with NRC: 10 CFR 20.1101(b).

Review with facility management annually of the content of the Radiation Protection Program and determine if the written program is being implemented in compliance with NRC: 10 CFR 20.1101(c).

Assist to ensure as a part of the ALARA effort that individual members of the public shall not receive a Total Effective Dose Equivalent (TEDE) of more than 10 millirems (mrem) 0.1millsieverts (mSv) per year from airborne radioactive material releases as per 10 DFR 20.1101(d) as necessary.

Attend the Radiation Safety Committee and the Laser Safety Committee that will oversee all uses of byproduct material permitted by the license as per NRC: 10 CFR 35.24(f).

The Radiation Safety Officer/Medical Physicist shall provide annual evaluation of nuclear medicine equipment including:

· Scintillation cameras

· Thyroid uptake systems

· Well counters

· Dose calibrators

· Survey meters

The Radiation Safety Officer/Medical Physicist shall provide the following:

· ACR level annual Performance Testing for the three (3) Nuclear Medicine cameras (or what is in current use)

· Dose calibrator accuracy tests;

· Dose calibrator linearity tests (shield method) (upon request);

· Uptake probe/well counter resolution and reproducibility tests;

· Radiation survey meter calibrations (NRC license 03-23853-01, SLC permit 43-03299-01);

· Radionuclide sealed source leak tests (NRC license 03-23853-01, SLC permit 43-03299-01);

· Radionuclide sealed source inventories and ambient surveys;

· Preparation of license renewals and amendments;

· Patient radiation dose estimate calculations per TJC; and

The Radiation Safety Officer/Medical Physicist shall be required to provide the following services in addition to those listed through this Statement of Work:

· Instruction, upon request, of personnel as required by state, federal, and accreditation agencies if performed in conjunction with quarterly audits;

· A review of incidents involving licensed material with respect to cause and subsequent actions taken and prepare incident reports;

· Preparation of misadministration/medical event reports;

· Conduct Nuclear Medicine Department Audits Quarterly;

· Remains current in the ability to provide applicable services to continually changing inventory

· Provide inspection/review of lead shielding in new or renovated construction.

· Be available for inspections in person.

Computed Tomography (CT):

Shall for diagnostic computed tomography (CT) services within the current guidelines established by Joint Commission Accreditation, ACR and including VA policy and procedure;

Perform ACR level annual performance testing of current equipment Perform ACR level performance testing upon acceptance of new equipment Perform ACR level performance testing upon repair of certified components relating to dose.

Diagnostic Radiology:

For Diagnostic Radiology services: Shall for diagnostic radiology services within the current guidelines established by Joint Commission Accreditation, ACR and including VA policy and procedure;

Perform ACR level annual performance testing of current equipment Perform ACR level performance testing upon acceptance of new equipment Perform ACR level performance testing upon repair of certified components relating to dose. The contractor shall also review annually the results of lead garment testing.

Dental Service For Diagnostic Radiology services: Shall for Dental services within the current guidelines established by Joint Commission Accreditation, ACR and including VA policy and procedure;

Perform ACR level annual performance testing of current equipment Perform ACR level performance testing upon acceptance of new equipment Perform ACR level performance testing upon repair of certified components relating to dose. The contractor shall also review annually the results of lead garment testing

Magnetic Resonance Imaging (MRI):

Shall for MRI services within the current guidelines established by Joint Commission Accreditation, ACR and including VA policy and procedure;

Perform ACR level annual performance testing of current equipment Perform ACR level performance testing upon acceptance of new equipment

Nuclear Medicine:

Review executive management approved procedures that can include policy and technical issues which, would make up the Radiation Protection Program as follows:

· Authorization for the purchase of radioactive material;

· Receipt and opening of packages containing radioactive material;

· Storage of radioactive material;

· Inventory control of radioactive material;

· Safe use of radioactive material;

· Emergency procedures in the event of loss, theft, etc.;

· Periodic radiations surveys and wipe tests;

· Checks of radiation survey and other radiation safety instruments; and

· Disposal of radioactive material.

Oversee a record system of the Radiation Protection Program per NRC: 10 CFR 20.2102 to include the provisions of the Radiation Protection Program until the license is terminated by the Nuclear Regulatory Commission such as:

All records, reports, written policies and procedures required by regulatory agencies concerning radioactive material; and A copy of the regulations governing the possession, use and disposal of licensed material, such as Title 10 Code of Federal Regulations.

QUALIFICATIONS OF THE MEDICAL PHYSICIST PORTION:

Board Certification - All contracted Medical Physicist(s) shall be board certified. All continuing education courses required for maintaining certification must be valid at all times with documentation provided to the VA Contracting Officer’s Representative (COR) upon request. Documentation verifying that board certification is in good standing and current (i.e. signed and dated certificate and/or letter from the American Board of Radiology) shall be provided by the Contractor to the COR on an annual basis for each year of contract performance. In addition, documentation (i.e. copies of degrees) of the medical physicists’ Master of Science (M.S.) degrees is to be provided to the COR.

Physicists must be Board Certified in Diagnostic Medical Physics by the one of the following approved certifying body:

The American Board of Radiology (ABR) in any of the following field titles:

· Radiologic Physics or Radiological Physics or

· The American Board of Medical Physics (ABMP) with certification of American Board of Health Physics, or Canadian College of Physicist in Medicine.

Physicists also must maintain licensure with the Board of Licensure for Professional Medical Physicists, if applicable. Certification must be maintained throughout the contract performance period. In the event that Contractor’s Radiation Safety Officer/Medical Physicist is not directly employed by the treating facility, documentation must be provided to ensure adequate certification.

Education – For physicists with Master’s degrees or higher, the degree must be in a physics, science, or engineering discipline recognized by an accredited college or university with at least 30 semester hours in medical physics, health physics, radiological science, physics, engineering, chemistry, or biology; or an equivalent foreign degree and coursework substantiated by the National Association of Credential Evaluation Services.

QUALIFICATIONS OF THE RADIATION SAFETY OFFICER PORTION:

VHA Handbook 1105.1, Appendix C, paragraph 6, Medical Permit Authorizing Medical Use of Radioactive Materials for Diagnosis or Therapy, requires that the RSO have training as set forth in NRC: 10 Code of Federal Regulations (CFR) Part 35, Subpart B, paragraph 35.50, Training for Radiation Safety Officer, as follows:

The RSO is certified by:

· American Board of Health Physics in Comprehensive Health Physics;

· American Board of Radiology;

· American Board of Nuclear Medicine;

· American Board of Science in Nuclear Medicine;

· Board of Pharmaceutical Specialties in Nuclear Pharmacy;

· American Board of Medical Physics in radiation oncology physics;

· Royal College of Physicians and Surgeons of Canada in nuclear medicine;

· American Osteopathic Board of Radiology; or the RSO must have classroom and laboratory training and experience as follows –

· 200 hours of classroom and laboratory training that includes –

· Radiation physics and instrumentation;

· Radiation protection

· Mathematics pertaining to Radiation biology and Radiopharmaceutical chemistry The RSO shall have one year of full-time experience as a Radiation Safety Technologist at a medical institution under the supervision of the individual identified as the Radiation Safety Officer on a Commission or Agreement State license that authorizes the medical use of byproduct material or is an authorized user identified on the licensee’s license.

As set forth in VHA Handbook 1105.2, Appendix C, paragraph 9, Type A Permit of Broad Scope, the RSO shall additionally have the following training and experience:

A college degree at the bachelor level or equivalent training and experience in the physical or biological sciences or in engineering.

Documented experience in a clinical Computed Tomography (CT) environment conducting at least ten CT performance evaluations under the direct supervision of a board-certified medical physicist.

Forty hours of formal RSO training, including instruction in the safe handling of radioactive material, characteristics of ionizing radiation, units of radiation dose and quantity, radiation detection and instrumentation, biological hazards of exposure to radiation, regulatory requirements of the NRC for radioactive material including accounting, reporting, using, transferring, shipping and disposing of radioactive materials that the RSO will use on the job. Additional formal training in radiation safety management, radiation dose assessment, and emergency response is desirable.

Five years prior experience with radioactive material and devices. Professional experience must include managing and administering a radiation safety program related to the types, quantities, and uses of the radioactive materials that the applicant would use on the job. Prior experience as a named license or permitted RSO is required.**

** Note: If contractor is unable to provide an RSO who was previously named as RSO on a license or VA permit, the contractor may be exempted from this requirement, upon receiving permission from VA NHPP program to do so, as long as other qualifications set forth herein are met.

The NHPP reviews qualifications: including the applicant RSO’s past performance on other licenses or permits. The review may include an interview with the RSO.

Continuing Education Units (CEU)/Continuing Medical Education (CME) hours-Requirements:

Contractor(s) shall provide the COR copies of current CMEs as required or requested by BCVA.

Contractor(s) registered or certified by national/medical associations shall continue to meet the minimum standards for CME to remain current. CME hours shall be reported to the credentialing office for tracking. These documents are required for initial and renewal privileging. Failure to provide shall result in loss of privileges.

Training (CPRS and VA MANDATORY): Radiation Safety Officer/Medical Physicist shall meet all VA educational requirements and mandatory course requirements defined herein; all training must be completed by the contract providers as required by the VA.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
0001
Radiation Safety Officer (RSO) / Medical Physicist service in accordance with the

Performance Work Statement (PWS)

12
Months
__________
__________

Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020

0002
Annual Compliance Testing for Ionizing

x-ray equipment.

1
Each
__________
__________

Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020

Base year Total: ___________

1001
Radiation Safety Officer (RSO) / Medical Physicist service in accordance with the

Performance Work Statement (PWS)

12
Months
__________
__________

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

1002
Annual Compliance Testing for Ionizing

x-ray equipment.

1
Each
__________
__________

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

Option year 1 Total: __________

2001
Radiation Safety Officer (RSO) / Medical Physicist service in accordance with the

Performance Work Statement (PWS)

12
Months
__________
__________

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

2002
Annual Compliance Testing for Ionizing

x-ray equipment.

1
Each
__________
__________

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

Option year 2 Total: ___________

3001
Radiation Safety Officer (RSO) / Medical Physicist service in accordance with the

Performance Work Statement (PWS)

12
Months
__________
__________

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

3002
Annual Compliance Testing for Ionizing

x-ray equipment.

1
Each
__________
__________

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

Option year 3 Total: ______________

4001
Radiation Safety Officer (RSO) / Medical Physicist service in accordance with the

Performance Work Statement (PWS)

12
Months
__________
__________

Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

4002
Annual Compliance Testing for Ionizing

x-ray equipment.

1
Each
__________
__________

Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

Option year 4 Total: _____________

GRAND TOTAL
__________

B.3 DELIVERY SCHEDULE

ITEM NUMBER

DELIVERY DATE

Department of Veterans Affairs George E. Wahlen VA Medical Center 500 Foothill Drive Salt Lake City, UT 84148 0001

USA

POP Begin:

10-01-2019

POP End:

09-30-2020

Same as above

Department of Veterans Affairs George E. Wahlen VA Medical Center 500 Foothill Drive

POP Begin:

10-01-2020

POP End:

09-30-2021

Same as above

Department of Veterans Affairs George E. Wahlen VA Medical Center 500 Foothill Drive

POP Begin:

10-01-2021

POP End:

09-30-2022

Same as above

Department of Veterans Affairs George E. Wahlen VA Medical Center 500 Foothill Drive

POP Begin:

10-01-2022

POP End:

09-30-2023

Same as above

Department of Veterans Affairs George E. Wahlen VA Medical Center 500 Foothill Drive

POP Begin:

10-01-2023

POP End:

09-30-2024

Same as above

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as 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 32.608-2 of the Federal Acquisition Regulation 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. 2409 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 electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract,…

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