36C25923Q0217 Clinical Sleep Lab Pulmonary Services Small Business.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25923Q0217 02-02-2023

Valaria Juarez valaria.juarez@va.gov 02-09-2023

12:00 EST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Valaria Juarez Valaria.juarez@va.gov

X 100

X

Y

621610

$16.5 Million

N/A

Department of Veterans Affairs Rocky Mountain Regional VAMC

1700 N. Wheeling Street Aurora CO 80045

36C259

Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

TBD

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

Clinical Sleep Lab Outpatient Home Services

This will be a base plus four (4) option year contract.

CPAP/ BiPAP set-up and education services are needed.

Please refer to the performance work statement.

This is for Small Business Set Aside.

X 1

36C25923Q0217

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 28

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 32

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

C.12 MANDATORY WRITTEN DISCLOSURES

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (NOV 2021)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

........................................................................................ Error! Bookmark not defined.8

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

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: TBD

b. GOVERNMENT: Contracting Officer 36C259 Jennifer Balsiger

Contract Specialist 36C259 Valaria Juarez

Department of Veterans Affairs

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:

[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] 30 days 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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

4,200.00 HR _______________

Initial Set-ups/Education Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024

1,440.00 HR _______________

Follow-up Services Contract Period: Base

0.00 MI _______________

Mileage Contract Period: Base

Initial Set-ups/Education Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

Follow-up Services Contract Period: Option 1

Mileage Contract Period: Option 1

Initial Set-up/Education Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

Follow-up Services Contract Period: Option 2

POP Begin: 03-01-2025

Mileage Contract Period: Option 2 POP Begin: 03-01-2025

Initial Set-up/Education Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027

Follow-up Service Contract Period: Option 3

Mileage Contract Period: Option 3

Initial Set-up/Education Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-29-2028

Follow-up Services Contract Period: Option 4

Mileage Contract Period: Option 4

GRAND TOTAL _______________

B.4 PERFORMANCE WORKSTATEMENT

Services required are as follows:

A. Patient Consultation: The contract will be for the actual requirements of the

ECHCS as ordered by the VA during the life of the contract the Prosthetics

Department or designee will provide the contractor with notification to initiate individual beneficiary service requirements, including the beneficiary's PAP prescription, education on use and benefit of equipment, an overview of safety and electrical requirements, infection control procedures, equipment troubleshooting, and information on how to obtain replacement supplies. For COVID precautions per patient’s request set ups can be guided remotely after equipment and mask delivery. The designee shall also provide the Contractor with the date and place of delivery and the Contractor shall confirm receipt of the request within one (1) business day of notification; the equipment shall be provided by ECHCS. The

Contracting Officer shall also provide notification of VA initiated discontinuation of service. The notification may be made orally but will be confirmed in writing within three (3) business days. The written documents will include the authorizing official's signature.

The Contractor is responsible for making every effort to establish appointments with VA beneficiaries when Initiating set-ups and follow-up calls. Deliveries shall not be left unattended at the beneficiary's home. If the VA beneficiary chronically fails to meet appointments the Contractor shall notify the Pulmonary

Department or designee. The Pulmonary Department or designee will contact the VA beneficiary and a corrective action plan will be implemented. The

Pulmonary Department or designee will notify the Contractor of any changes. If the Contractor has not made valid and documented attempts to contact the VA beneficiaries for set-up and follow-up calls, the Government reserves the right to call in a third party and bill the Contractor if the Contractor fails to perform for any due month. Contractor shall confirm appointment time with the patient. PAP set-up shall be done in the patient's home unless a different location is mutually agreed upon by the beneficiary and the Contractor.

Contractor shall introduce themselves to the patient and present with visible identification for the Contractors Company and explain why they are at the patient's home or by remote means for a guided set up per patient request.

Contractor shall verify correct patient by requesting two forms of identification. The two forms of identification can be full name and full social security number or birthdate. Contractor shall then verify that all demographics match the prescription.

Contractor shall show the beneficiary all the equipment for the initial PAP set-up. Contractor shall educate the patient on why they need the PAP therapy, how to assemble equipment and fit the interface, how to clean the equipment, and how to order additional supplies. The Contractor shall have the patient perform a return demonstration on the entire set-up. Patient should be given an opportunity to ask questions and the Contractor shall provide additional education if needed.

Contractor shall then go over all associated paperwork to include but not be limited to Patient's Rights and Responsibilities, contact information for the

Contractor and contact information for the VA Sleep Lab or designee.

The Contractor shall not be responsible for education on any equipment interfaced with the PAP therapy with the exception of education on how to connect oxygen tubing to bleed to the PAP therapy.

B. Equipment: The Prosthetics staff will provide all equipment and supplies necessary for the initial set-up and send the equipment to the Contractor for the Veterans.

Equipment will include PAP device, heated humidifier, and carrying case. Supplies will Include interface, headgear, hose, oxygen connector (if applicable), filters and humidifier chamber. At the request of the VA, the Contractor shall issue and set-up in patient's homes PAP equipment from VA provided stock to include but not be limited to PAP machines/humidifier, Pap tubing, PAP interfaces, filters, water chambers and oxygen bleed connectors. Contractor shall also perform troubleshooting services on PAP machines, and PAP interface re-fits. Services for this equipment shall include delivery, set-up, training and education and maintenance and required and requested by the Pulmonary Department or designee. The cost of replacement of equipment damaged, lost, or misplaced not through beneficiary's negligence shall be borne by the contractor. The Contractor shall be responsible for notifying Prosthetics or designee by telephone at time of set-up if any alteration to the beneficiary's home is necessary to accommodate the PAP equipment, including electrical work. It is either the patient's or the beneficiary's responsibility to arrange for any modifications to the home. An Against Medical Advice (AMA) form shall be completed and signed by the patient if prescribed PAP therapy is declined.

C. Home Assessments: The Contractor shall make home visits by a licensed Respiratory

Therapist when a new patient is enrolled into the ECHCS Diagnostic Sleep Lab program. The first visit is referred to as an Initial set-up which should be completed no longer than three (3) business days (unless mutually agreed upon by Contractor/COR or designee/Veteran/Caregiver) after receipt of the PAP equipment. Receipt date shall be defined as the delivery date by the courier service.

ECHCS reserves the right to obtain the service from another source and to charge the contractor with any excess costs which may be assessed to the ECHCS if the contractor is unable to meet the 3- business day set-up time.

The Contractor shall perform an assessment of the beneficiary's home and environment in accordance with The Joint Commission standards and shall maintain documentation of assessments in the individual patient file or folder.

The Contractor shall make note in the home assessment if the patient also uses oxygen. Such assessment documentation for each patient shall accompany the monthly invoice and billing.

The Contractor shall verbally notify the Pulmonary Department or Prosthetics

Department of any unsafe conditions observed in the VA beneficiary's home that precludes the installation or continuance of PAP equipment. Unsafe conditions may include, but nor be limited to, fire safety hazards, oxygen safety hazards (if applicable) patient abuse by family or caregivers, or any instance that places the patient, family/caregiver, or Contractor's staff in immediate danger. The

Contractor shall provide verbal and written documentation of the safety hazard of the incident. Notification shall include verbal notification to the Pulmonary

Department or Prosthetic Department and written documentation of the incident in the patient's file. Documentation shall be submitted to the VA with the monthly billing statement.

The Contractor shall visually check the adequacy of the electrical outlets in the patient's home for grounded outlets and immediately report unsafe conditions to the Prosthetics Department or designee. The VA shall not be liable or responsible for any unsafe electrical conditions caused by the Contractor. Any alterations to the veteran's residence will be the responsibility of the veteran. If PAP equipment cannot be safely installed, the set-up will be put on hold until the ordering Provider has been contacted to decide if any alternatives are available. The Contractor shall provide verbal and written documentation of the safety hazard of the incident.

The Contractor shall inquire about the presence of functional smoke detectors and charged fire extinguishers as well as a fire evacuation plan. If the

Veteran/Caregiver states that they do not have one or all of the above, the

Contractor should provide the patient with information concerning where these can be obtained. Document in the patient care plan that this discussion occurred.

D. Follow Up Services: The Contractor shall have a licensed Respiratory Therapist licensed in the state where service is to be provided available on all regular business days for purposes of troubleshooting equipment, re-education on therapy, or providing interface re-fits upon receiving an order from the Pulmonary Department of ECHCS. Service shall be completed within twenty- four (24) hours or on the next business day.

The ECHCS reserves the right to obtain the service from another source and to charge the contractor with any excess costs which may be assessed the ECHCS if the contractor is unable to meet the 24-hour follow-up service.

A written explanation stating why the Contractor was unable to fulfill the request for follow-up service shall be provided to the Pulmonary Department or designee within two (2) business days.

The Contractor shall notify the COR or designee immediately in the event of an emergency, natural or otherwise, that may affect the services covered under this contract.

The Contractor shall provide a toll-free telephone number for purposes of communication between the ECHCS and the Contractor Mon-Friday (holidays exempt) between the hours of 0730-1700. The Contractor shall not place collect calls to the VA Facility or any beneficiary, family member or ca.

There are no required follow-ups for maintenance of the PAP equipment. The VA

Sleep lab staff shall send an order to the Contractor stating specific service requirements. Service could include but not be limited to troubleshooting PAP equipment malfunctions, re-training on PAP equipment, interface re- fits, PAP equipment exchanges. The Contractor shall not solicit PAP equipment follow-ups unless they have been directly contacted by the beneficiary in which case the

Contractor shall contact the COR/designee for further instruction on the follow-up visit.

Contractor shall contact the patient to arrange for the follow-up PAP visit to be completed within 3-business days (unless mutually agreed upon by

Contractor/CCR or designee/Veteran/Caregiver) after receipt of the PAP equipment. Contractor shall verbally notify the Pulmonary Department or designee if there is to be an extension on the follow-up visit time frame. Contractor shall document in the patient's record the reason the follow-up visit was delayed.

Contractor shall provide the service specified in the order, and document that the service was provide and that the beneficiary was re-educated on the service provided. Contractor shall then go over all paperwork associated with the service and obtain a signature from the patient caregiver.

E. Infection Control/Communicable Diseases Requirements: Contractor shall have a current plan for surveillance, prevention, and control of infection. The plan shall be in accordance with current Joint Commission standards. Quarterly reports shall be provided to the VA no later than the first week of a new quarter. Contractor shall provide a list of names to the COTR, or designee of all veteran patients exposed to communicable diseases by contracted staff during an identified incubation period. The type of exposure shall also be identified.

The Pulmonary Department or designee will contact any veteran patients identified as being exposed to a communicable disease and make arrangements for any needed medical follow-up.

F. Discontinuation of Service: Upon termination of services to the beneficiary, the Contractor shall not pick up equipment unless specifically requested to do so by the Pulmonary

Department or designee and payment of services shall cease upon this notification. Final services shall be billed with the next scheduled invoice.

The government shall notify the Contractor in the event of a PAP discontinuation of service to any beneficiary covered under this contract. Notification shall be by telephone, electronic or by facsimile. The Contractor shall notify the government by the next business day of a patient's death. The Government shall issue a discontinuation of service order.

The Contractor shall notify the Government by the next business day upon finding a patient has moved out of the service area. The Government shall create a discontinuation of service order.

In the event the Contractor gains knowledge that the beneficiary has had a change in the assignment of benefits prior to the servicing the Contractor shall immediately notify the Pulmonary Department or designee. The Government shall issue a discontinuation of service order.

The Contractor shall notify the Government if a beneficiary chooses to have their

PAP therapy discontinued. The Contractor should make every effort to encourage the beneficiary to contact their VA Provider to discuss the reasons for wanting to discontinue therapy. If the beneficiary still chooses to have the PAP therapy discontinued, the Contractor shall have the patient sign an "Against Medical Advice"

(AMA) form, and a handwritten pick-up ticket for the equipment. The Contractor shall notify the Prosthetics Department or the Pulmonary Department the next business day if an AMA form was obtained. The Government shall notify the VA

Provider of the beneficiary's decision to discontinue PAP therapy and issue a pick-up ticket for the equipment.

ln the event of a beneficiary's death or AMA for PAP therapy, the Government shall issue the discontinuation order within three (3) business days.

G. Reports/Documentation: An Incident Report form shall be completed when an event or incident is found or occurs during a home visit, to include patients in need of medical assistance, safety hazards that do not fall into the category of presenting of presenting immediate life-threatening danger to the patient or Contractor's staff, inability to contact a patient after 5 business days and three attempts, and any other incident meeting the Contractor's written policy for incident reporting.

A Customer satisfaction survey and a return envelope with the Contractor's address shall be provided to all ECHCS beneficiaries at the time of the Contractor's visit. The contractor shall tabulate the results of the surveys and provide a quarterly report to the

ECHCS Diagnostic Sleep Lab program. Actual surveys shall be available for review by the ECHCS Diagnostic Sleep Lab staff upon request.

The Contractor shall provide a quarterly report containing data related to the

Contractor's ongoing Infection Control/Communicable Diseases Program.

The Contractor shall collect data on important processes and outcomes related to patient care and organizational functions on a quarterly basis.

The contractor shall inform the Pulmonary Department or designee within one (1) business day of a sentinel event that occurs during the performance of this contract that involved ECHCS beneficiaries.

All beneficiaries have the right to refuse service. In the event a beneficiary refuses service or orders the equipment to be removed from the home, the Contractor shall comply with the beneficiary's wishes. In addition, signed AMA and the written report, the Contractor shall provide a written report detailing the circumstances of the refusal and notify the Pulmonary Department or designee by telephone within one (1) business day. If the refusal occurs during a home visit, the Contractor's staff shall make an attempt to contact the Pulmonary Department or designee of the refusal during the home visit.

The Contractor shall report suspected or confirmed incidents of abuse or neglect to the patient by family members or caregivers. These suspected or confirmed incident shall be reported immediately (at the beginning of the next business day) to the Pulmonary

Department or designee, as well as the adult protective agency. The Contractor shall follow all state and local laws in reporting suspected or confirmed incidents of abuse or neglect.

The contractor will provide reports listed in the VA QASP in time frame listed in the

QASP.

H. Emergency Service:

The contractor shall have twenty-four {24) hour per day, seven days per week, 365 days per year emergency service coverage. At a minimum, the Contractor shall have a company employee on duty or a twenty-four-hour answering service, or an employee within paging range to respond to emergency calls. Contractor shall respond within 30 minutes by telephone upon receipt of an emergency call and advise the patient of specific emergency procedure to be implemented. Contractor shall have a back-up procedure in the event they are unable to reach the patient by phone. This back-up procedure shall be specific to the geography and conditions of the area being serviced with a copy provided to the appropriate COR at the time of award. If the procedure is updated a copy shall be sent to the COR within 3 business days.

I. Employee Certification:

The Contractor shall develop, maintain, and make available for review, personnel folders on all employees performing under this contract.

The Contractor shall maintain documentation of all orientation and training programs and background checks for all employees involved in delivery/recovery of home medical equipment. At a minimum, topics should include safety and equipment management such as; electrical requirement, equipment safety checks, troubleshooting, equipment set-up, infection control procedures, patient confidentiality, handling procedures, and customer service/etiquette training. A competency validation shall be on file for all equipment the contractor shall set-up and troubleshoot. The Contractor shall comply with all Joint Commission competency requirements. Documentation shall be made available upon written request of the contracting officer or facility COR/designee.

The Contractor shall educate, evaluate, and document employee education in strict accordance with current Joint Commission standards. Only employees who have been properly trained and who have demonstrated competency may perform equipment deliveries, recoveries, and patient education.

All PAP set-ups, follow-ups, mask fits, troubleshooting of equipment, and education on equipment shall be performed by a licensed Respiratory Therapist.

The Contractor shall be staffed and have sufficient supplies to render satisfactory customer service at all times to the beneficiary. The Contractor shall be responsible for acts and omissions of his/her employees, his/her Sub-contractors or satellite offices and their employees. Sub-contractors are required to adhere to the requirements of this contract

J. Reimbursable Expenses:

Current Healthcare common Procedure Coding System (HCPCS Codes) noted in contract Price/Cost Schedule are the only services authorized and paid for other than milage as indicated below.

Mileage will be paid in the following manner. Any location outside radius of the following cities will be reimbursed at the Colorado Medicaid rate A0090 which is currently $0.44 per mile.

M. Information Security/Privacy Requirements

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 & 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. 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. 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.

c. 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.

d. 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.

e. 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.

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

g. 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.

h. 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.

4. 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 COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

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.

5. Liquid 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. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

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

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised

(Made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and

Privacy Incidents, as appropriate; and

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

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $42.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least

3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,00.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

6. Training

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

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

(2) Successfully complete the VA Privacy and Information Security Awareness and Rules of

Behavior training and annually complete required Privacy and HIPAA Training; and

(3) Successfully complete any additional information security or privacy training, as required for VA personnel with equivalent information system access.

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

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

7. Records Management

1. Contractor shall comply with all applicable records management laws, and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act, (44 U.S.C. chs, 21, 29, 31, 33), NARA regulations at 36 CFR

Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974, (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transportation, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for government use and delivered to, or falling under the legal control of, the government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Eastern Colorado Health Care System (ECHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of ECHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to ECHCS. The agency must report promptly to NARA in accordance with 36 CFR

1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to

ECHCS control, or the Contractor must hold it until otherwise directed. Items returned to the

Government shall be hand carried, emailed, or securely electronically transmitted to the

Contracting Officer or address prescribed in the Contract. Destruction of records is

EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating co, contracts. The

Contractor (and any sub-contractor) is required to abide by Government and ECHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contractor and in accordance with ECHCS policy.

8. The Contractor shall not create or maintain any records containing any non-public ECHCS information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. ECHCS owns the rights to all data and records produced as part of the contract. All deliverables under the contract are property of the U.S. Government for which ECHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training: All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA provided records management training. The

Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

FLOWDOWN OF REQUIREMENTS TO SUBCONTRACTORS

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgement of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the

Contractor.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i)…