36C25921Q0223.docx

36C25921Q0223

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

36C25921Q0223 03-04-2021 Monica Gary 918-577-3855 03-12-2021 13:00

CST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111 X X 492110 1500 Employees N/A X Department of Veterans Affairs Sheridan VA Health Care System 1989 Fort Road Sheridan WY 82801

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village

CO

80111

Financial Service Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Courier services (lab, supply, facility items) for Sheridan VAHCS and 8 VA clinics in Wyoming.

The Offeror in block 17a certifies that

1. it is an SDVOSB concern, eligible under VAAR subpart 819.7003, and

2. it remains small for the size standard set for this RFQ

3. is recognized as valid by Center for Verification and Evaluation (CVE) in VIP database at:

https://www.vip.vetbiz.va.gov

OFFERORS MUST COMPLETE ALL REQUIREMENTS IDENTIFIED IN

SECTION E, INCLUDING THOSE LISTED IN ADDENDUM TO FAR

PROVISION 52.212-1, WITH SPECIAL ATTENTION TO FAR

PROVISION 52.212-2.

See CONTINUATION Page X X X Monica Gary 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 36C259 Monica Gary

Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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.

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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Routine courier services between Sheridan VAHCS to 8 VA clinics and back to Sheridan VAHCS, Monday through Thursday, in accordance with the PWS. Non-personal services.

Contract Period: Base POP Begin: 04-01-2021 POP End: 10-31-2021

Unscheduled deliveries to Denver, will be requested 24 hours in advance, in accordance with the PWS. Non-personal services. Estimated quantity for this item is 40 JOBS. Estimated quantities are not guaranteed.

Contract Period: Base POP Begin: 04-01-2021 POP End: 10-31-2021

Routine courier services between Sheridan VAHCS to 8 VA clinics and back to Sheridan VAHCS, Monday through Thursday, in accordance with the PWS. Non-personal services.

Contract Period: Option 1 POP Begin: 11-01-2021 POP End: 10-31-2022

Unscheduled deliveries to Denver, will be requested 24 hours in advance, in accordance with the PWS. Non-personal services. Estimated quantity for this item is 80 JOBS. Estimated quantities are not guaranteed.

Contract Period: Option 1 POP Begin: 11-01-2021 POP End: 10-31-2022

Routine courier services between Sheridan VAHCS to 8 VA clinics and back to Sheridan VAHCS, Monday through Thursday, in accordance with the PWS. Non-personal services.

Contract Period: Option 2 POP Begin: 11-01-2022 POP End: 10-31-2023

Unscheduled deliveries to Denver, will be requested 24 hours in advance, in accordance with the PWS. Non-personal services. Estimated quantity for this item is 80 JOBS. Estimated quantities are not guaranteed.

Contract Period: Option 2 POP Begin: 11-01-2022 POP End: 10-31-2023

Routine courier services between Sheridan VAHCS to 8 VA clinics and back to Sheridan VAHCS, Monday through Thursday, in accordance with the PWS. Non-personal services.

Contract Period: Option 3 POP Begin: 11-01-2023 POP End: 10-31-2024

Unscheduled deliveries to Denver, will be requested 24 hours in advance, in accordance with the PWS. Non-personal services. Estimated quantity for this item is 80 JOBS. Estimated quantities are not guaranteed.

Contract Period: Option 3 POP Begin: 11-01-2023 POP End: 10-31-2024

Routine courier services between Sheridan VAHCS to 8 VA clinics and back to Sheridan VAHCS, Monday through Thursday, in accordance with the PWS. Non-personal services.

Contract Period: Option 4 POP Begin: 11-01-2024 POP End: 10-31-2025

Unscheduled deliveries to Denver, will be requested 24 hours in advance, in accordance with the PWS. Non-personal services. Estimated quantity for this item is 80 JOBS. Estimated quantities are not guaranteed.

Contract Period: Option 4 POP Begin: 11-01-2024 POP End: 10-31-2025

B.3 Accounting and Appropriation Data [Updated upon award]

B.4 CONTRACTOR PAYMENT REQUESTS

Contractor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Access the web site for more invoicing instructions: https://www.fsc.va.gov/einvoice.asp

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov Payment requests may be impacted, along with the active status of the contract, if contractor fails to maintain SAM registration, has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract. Refer to FAR clause 52.204-13 for compliance requirements.

Contractor must comply with the payment request clauses of this contract. As a minimum, invoices must include:

i. Name and address of contractor

ii. Invoice date and number

iii. Contract number and current fiscal year purchase order number

iv. Date, description and location where items delivered

v. Terms of any discount for prompt payment offered

vi. Name, title and phone number of a person to notify in event of defective invoice, and

vii. Taxpayer Identification Number (TIN)

viii. Electronic Funds Transfer (EFT) information

B.5 PERFORMANCE WORK STATEMENT (PWS)

Sheridan VA Health Care System requires a qualified contractor to provide courier services, transporting medical facility items between Sheridan VA Medical Center and VA Clinics (CBOCs) in Wyoming and back to the Sheridan VA Medical Center. Services must be accomplished in accordance with the PWS, in a cost effective and efficient manner for the VA and in support of the VA Mission. Services are required for the period of performance outlined in the Price/Cost Schedule and at the locations outlined in this PWS.

This is a non-personal services contract. The Contractor, it’s employees, agents and subcontractors shall not be considered government employees for any purpose. Contractor shall furnish all labor, supplies, materials, parts, equipment, tools, transportation, insurances, licenses, certifications and supervision necessary to provide services in accordance with this Performance Work Statement (PWS). The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to lawful application of the provision of services. For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

1. GENERAL

The contractor agrees to provide regularly scheduled pickups of a variety of items, including but not limited to: packaged lab specimens, medical equipment/supplies, mail, soiled/clean linen, general supplies, etc. between the VA locations listed herein and the parent facility in Sheridan, WY. In addition to the scheduled weekday pickup/delivery, there may be other non-scheduled delivery request. Occasionally a one-time delivery may be requested to a location other than a VA facility. Deliveries will fit easily into a small van or utility vehicle. Contractor shall receive items from the Sheridan VA and the associated clinics, sign a receipt therefore, and transport and deliver the same in like condition to the destination marked on each item as designated by the VA and clinics. VA reserves the right to use VA and Federal contract providers for transport as needed.

2. ITEMS TO BE TRANSPORTED

a. Pickup and delivery of items including but not limited to:

i. Specimen containers, either an Igloo style ice-chest Styrofoam container, or pressure tested outer shipping vessels conforming to IATA regulations. They will be marked DIAGNOSTIC SPECIMENS AND TAGGED FOR IDENTIFICATION.

ii. Office or medical supplies, pharmaceuticals and/or equipment weighing less than 35 pounds per box

iii. Paper documents including medical records in a sealed confidential envelope secured in a locked mail bag

iv. Soiled laundry items

v. Clean laundry items

vi. Occasional items weighing over 35 pounds

b. Biological specimens, i.e. body fluids (blood, urine and stool), will be properly packaged by Government or contracted laboratory personnel for transportation and will be placed in the container.

c. All items must be transported in accordance with all local, state and federal regulations. Including any specified regulations for dangerous goods or bio-hazardous materials. All efforts shall be made to assure that all items are delivered without spoilage/damage from temperature conditions, rough handling and/or negligence.

d. Some of the items are boxed in large plastic reusable containers that shall be returned to VA. Some boxes may be of odd dimensions, for example, those containing crutches, canes, florescent light bulbs, and paper supplies.

e. No items shall weigh more than 35 lbs., unless specifically discussed and accepted by the Contractor in advance.

f. Contractor shall contact COR or designee for clarification and prioritization if unable to take all items located in courier room. COR is responsible for providing contact numbers and designee names to Contractor.

3. SPECIFICATIONS

a. ROUTINE CBOC services: Actual delivery/pickup schedules will be established once the contract is awarded

i. Monday through Thursday

ii. No pickup on Fridays or Federal Holidays

iii. The COR will notify the courier at least 96 hours prior to a change in any regular pickup schedule

iv. Additional pickups will be requested at least 24 hours in advance by telephone with verification via fax or email

v. Estimated delivery/pickup times for planning purposes:

Addresses and hours of operation for each clinic are noted above, updates will be made as necessary throughout the term of the contract. If a clinic relocates, the address will be provided, no modification of the contract will be needed.

b. Unscheduled specimen samples to DENVER: The COR will coordinate with the Contractor each time these courier services to Denver are needed.

· Pick up from Sheridan VAHCS, 1898 Fort Road, Lab [Building 71, room 217] Sheridan, WY 82801 307-675-3131. Time of pick up to be determined/negotiated

· Deliver same day to Rocky Mountain Regional VAMC, 1700 N Wheeling St, Aurora, CO 80045. Pathology & Laboratory are located in Bldg. D (DAT), on 2nd floor. Room #D2-234, phone #720-723-4567.

· Pickups will be requested at least 24 hours in advance by telephone or email

· Pickups anticipated 50-80 times in a 12-month period

c. The COR will coordinate with the Contractor if additional courier services are needed.

d. The Government is not obligated for any work under this agreement that is not ordered by the COR.

e. The COR has the authority to cancel ordered work when the contractor is notified of cancellation in writing within 96 hours of scheduled service.

f. The Contractor shall also provide courier services as needed within the normal definitions of the Contractor’s license and normal delivery territory. These requests shall be called into the Contractor and the Contractor shall quote the normal price minus whatever discount percentage is quoted on the price proposal. For example, if VA had a one-time requirement for a delivery to Billings, MT and the Contractor can provide the service, then the Contractor shall quote the price minus the discount offered.

g. Sheridan VAHCS will provide a list of staff authorized to request services under this contract. If there is doubt about the authority of the person placing the call, the Contractor should accept the call, complete the pickup/delivery, and report the event to the Contracting Officer. Only the Contracting Officer can make changes to the terms and conditions described herein. All such changes shall be completed in writing.

h. Oversized and overweight items are rarely transported. The Contractor must clearly define the size and weight limits prior to award so that both VA and the Contractor can determine when an extra service charge may be added. VA should manage all shipments and plan for shipments to be scheduled to reduce the potential for extra service charges for size and weight.

4. TEMPERATURE REQUIREMENTS

Contractor must maintain proper temperature in vehicles to preserve medical supplies, pharmaceuticals, specimens and other items potentially damaged by extreme temperatures. Insulated transport containers will be provided by Sheridan VAHCS for pickup/delivery of specimens. Sheridan VAHCS shall furnish all types of puncture-proof containers (coolers) that are labeled diagnostic specimens for test specimens. All vehicles used for courier services shall have heating and air conditioning.

5. CONTRACTOR’S DUTIES AND RESPONSIBILITIES

a. The contractor's responsibility for the safekeeping of shipments shall commence when the contractor has received the same and a receipt acknowledged and shall terminate when delivery is completed. A record of all deliveries and pickups will be maintained through log sheets provided at each location. Contractor will provide COR with a listing of names and identification of authorized messengers.

b. The contractor will be liable for the loss of shipments delivered into its possession if they should fail to deliver shipments in the same condition as when delivered to and receipted for by the contactor. Acknowledgement by VA staff at the delivery location shall be conclusive evidence that supplement was received safely and securely.

c. Liability Insurance: It is understood and agreed that Contractor must be a courier company with a state license and carry a minimum of $1,000,000 liability insurance. All couriers transporting specimens under this contract must have means of communication while traveling. Any delays in any delivery is to be reported directly to the COR. All efforts shall be taken so that no items shall be kept in the possession of the Contractor overnight. If it is determined that items will need to be in the contractor’s possession overnight, the Contractor shall provide to the Contracting Officer and COR the reasons for keeping the items, exact location where items will be stored and a description of the location of storage. All items will be picked up from and delivered to the courier room located at the Sheridan VAHCS. The location of this room is subject to change for the benefit of the Sheridan VAHCS.

d. The Contractor shall provide a fixed rate for all costs of the courier service, which costs shall be inclusive and include the vehicle, driver, mileage, time, weight, and other reasonable costs associated with courier services needed to perform the services described in this contract. Each vehicle used in the performance of this contract shall be adequately stocked with at least one up-to-date complete “SPILL KIT” for a bio-hazard cleanup in case of leakage or accidental discharge from controlled containers.

e. The Contractor shall ensure the confidentiality of all patient information and records being transported and will be held liable in the event of a breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579).

f. The Contractor shall maintain their Motor Carrier Permit, hazardous material license number, certificate of training of couriers (employers), State of Wyoming driver’s licenses, vehicle insurance, and registration.

· The Service Contract Act does apply to this contract. The current Service Contract Act Wage Determination for this area is attached. Employees performing under this contract must be paid at least the pay and fringe benefits described therein.

g. Training: Contractor’s couriers transporting lab specimens must be trained in “Universal Precautions” in the handling of biohazard materials (specimens). Training must include using clinical procedures in case of biohazard spills and accidents. Proof of training shall be provided after award of the contract and updated annually thereafter with proof of training provided to COR at the exercise of any option year.

h. Drivers: All drivers must maintain a valid driver’s license for the type of vehicle operated as required by the State of Wyoming. A record of each driver as to character and physical capabilities of performing the duties as a courier must be maintained and made available to the Contracting Officer and COR for inspection upon request and shall be updated as personnel changes.

i. The contract manager, drivers and alternates, must be able to read, write, speak and understand English. The name of this person, and an alternate, or alternates, who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer and COR. An updated listing will be provided as changes in personnel occur.

j. The contractor’s personnel shall present a neat appearance and be easily recognized as a contract employee. The contractors’ employee shall wear an identification tag that includes the company’s name/logo and employee name and photograph. Contractor’s vehicle shall have the company name/logo prominently displayed.

k. The Contractor shall direct all questions and problems regarding this contract, to the Contracting Officer. The Contracting Officer is the sole authority to amend the terms and conditions of this requirement. All changes will be issued via amendment and/or modifications in writing from the Contracting Officer to the Contractor.

l. The Contracting Officer and COR shall be notified at the earliest time available, but no later than the next business day of Contractor’s knowledge of any conditions which may adversely affect the Contractor’s ability to perform under the terms and conditions as stated in the specifications of this requirement. For example, union strikes, vehicle problems, licenses, or anything that might jeopardize the terms and conditions of this contract should be reported to the Contracting Officer.

m. Should any items be lost, damaged or broken, the contractor shall be required to submit a written report to the Contracting Officer within twenty-four (24) hours explaining the circumstances. Failure to provide the report with the specific time frame will cause further review by the Government to determine if the infraction warrants suspension/termination of the contract.

n. The Contractor shall be required to maintain a record log of courier pickups and deliveries, indicating time and date of pickups, number and description of items from each location, along with signatures. This information will be duplicated on the Contractor’s invoice. If the Contractor’s proposal includes an electronic/facsimile/automated system of courier tracking, it must also demonstrate how the record log can be accessed when needed. There may be an occasion where the exact time of delivery and name of the person receiving the item is imperative for an investigation into patient services. The Contractor shall provide any such information upon request by the Contracting Officer or COR.

6. QUALITY CONTROL

The Contractor shall develop and maintain a quality control program that ensures courier services are performed in accordance with these specifications. The contractor shall develop and implement procedures to track, identify, prevent, remedy and ensure non-recurrence of defective services. The Contractor shall provide a method to accept and resolve customer complaints and notify the customer of the resolution. The contractor shall immediately notify the Contracting Officer upon receipt of a customer complaint so joint validation may be accomplished. The Contractor is responsible for quality control and specification compliance.

7. QUALITY ASSURANCE

The government will evaluate the Contractor’s performance using customer complaint, periodic on-site inspection, and may, at the Government’s discretion, inspect each task to verify conformance and acceptance prior to payment.

8. QUALITY ASSURANCE SURVEILLANCE PLAN

The Government will periodically evaluate the contractor’s performance in accordance with the following Quality Assurance Surveillance Plan.

SURVEILLANCE

The COR will receive complaints from Sheridan VA personnel and pass them to the Contracting Officer for correction.

STANDARD

The standard is overall two or less customer complaints per month in each area. The COR shall notify the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items or the appropriate Inspection of Services clause, if any of the above service areas exceed two customer complaints.

PROCEDURES

Any VA employee that observes unacceptable services, either incomplete or not performed, for any of the above performance objectives should immediately contact the COR and the COR will complete appropriate documentation to record the complaint. The COR will consider the customer complaint valid upon receipt from the customer. The COR should inform the customer of the approximate time the unacceptable performance will be corrected and advise the customer to contact the COR if not corrected. The Contractor will be given two hours after verbal notification to address the unacceptable performance. If the Contractor disagrees with the complaint after investigation and challenges the validity of the complaint, the Contractor will notify the COR. The COR will investigate to determine the validity of the complaint. If the COR determines the complaint as invalid, COR will document the written complaint of the findings and notify the customer. The COR will retain documentation for their files. If after investigation the COR determines the complaint as valid, the COR will inform the Contracting Officer.

PROVISIONS FOR DEFECTIVE SERVICE

If the Contractor fails to provide acceptable service to the Sheridan VAHCS, the following penalties may be instituted. Not implementing a penalty does not prohibit the Sheridan VAHCS from future implementation.

9. EVIDENCE OF RESPONSIBILITY

Upon request by the CO, the contractor must provide the following documents to the Contracting Officer and COR. These documents must reflect the entity performing the contracted services, be it the primary Contractor or subcontractor, and must be valid and fully support the services required by this contract.

i. Proof of Liability and Worker’s Compensation Insurance

ii. Motor Carrier permit

iii. HOR/Mat License (if required)

iv. HOR/Mat training of drivers

v. Oxygen Transport License (if required)

vi. Oxygen Transport Training of drivers

vii. Proof of Vehicle Insurance

10. VA INSPECTIONS

The Sheridan VAHCS reserves the right to thoroughly inspect and investigate the contractor’s vehicles and facilities. Refer to FAR clause 52.246-4 Inspection of Services – Fixed-Price (AUG 1996).

11. CONTRACT ADMINISTRATION DATA

12. SECURITY

All VA sensitive information is transported in closed and secure containers while in the possession of the courier.

13. CONTRACT ADMINISTRATION DATA

A. Qualified Contractor Point of Contact (POC) / Contractor’s Representative The Contractor shall specify an individual who shall serve as a single point of contact for all contract issues (POC). Contractor must provide the COR and Contracting Office with the POC contact details, to include name, title, address, cell phone, facsimile and email, as a minimum.

These must be provided to the COR and Contracting Officer:

a) upon contract award,

b) within 2 business days prior to a change in the POC by the Contractor

The POC must be easily accessible by phone and return COR calls within 24hours of a voice message left by the COR.

B. Federal Holidays:

The ten holidays observed by the Federal Government are:

Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.

In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal holiday

For confirmation of holidays observed by the VA and how they impact contracted service the Contractor must seek guidance from the COR and CO, followed by written confirmation.

C. Conduct: The Contractor and any employees are subject to the same rule of conduct and standards as Government employees.

a. No alcoholic beverages or drugs are allowed on any VA property and the VA has implemented a smoke free environment policy at all VA locations. There may be authorized smoking areas outdoors depending on the clinic location.

b. Medical Center Directives and Policies: Each VA Medical Center has directives and policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed. VA universal policies include parking, possession of weapons, cell phone use, and use of photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

D. Safety and Compliance The Contractor must perform services in accordance with:

a. local, state and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines, and any VA Medical Center Directives;

b. local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety;

c. all other Conformance Standards identified in this PWS Contractor shall also ensure that their services, to include labor and equipment and subcontractors, used in the performance of this contract conform and comply with the latest Federal and state Department of Transportation regulations and laws.

B.6 COVID-19 HEALTH REQUIREMENTS

Employee Physical Health: Contractor's employees are expected to be in good physical health and able to work in patient care areas without risk to the patients. No personnel shall be assigned to this contract who are not in good physical health or pose a risk to patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract and shall be free of illness before returning to work. All employees will be screened daily upon arriving on the VA Medical Center property, any contract worker complaining of or showing symptoms will be sent away and must quarantine for 14 days (unless they provide a Doctor’s note stating they are able to work and are not contagious).

If a contractor refuses screening, they can be denied access to the facility. 38 C.F.R. § 1.218(a)(1) vests the Secretary or his designee with authority to close facilities or portions of facilities that are under the charge and control of VA to the public. This includes the authority to prohibit contractors from entering VA facilities, if they refuse to undergo screening measures. Additionally, FAR 52.212-4(q) requires contractors to comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under contracts for commercial services and supplies.

The CDC states that employees, including contractors, with symptoms of influenza-like illness at work during a pandemic should leave the workplace. The CDC provides guidance for the workplace which OMB references in their COVID-19 guidance. The CDC recommends that employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work, or become sick during the day, should be sent home immediately. Additionally, if the employee is asymptomatic but tests positive, the employee should be sent home immediately. The responsible Contracting Officer must be notified immediately.

It is incumbent upon the contractor to familiarize themselves with the state quarantine rules by visiting the latest information on the web. Suggested sites are listed below.

https://www.va.gov/coronavirus-veteran-frequently-asked-questions/

B.7 INFORMATION SECURITY REQUIREMENTS

B.8 CONTRACT SECURITY - VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. 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).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems 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.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. 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.

k. 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.

l. 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 COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT [LEFT BLANK INTENTIONALLY]

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE [LEFT BLANK INTENTIONALLY]

6. SECURITY INCIDENT INVESTIGATION

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

b. 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.

c. 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.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover 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.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above.