36C25924Q0420.docx

36C25924Q0420

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

36C25924Q0420 Jeff Eller 918-577-3282 05- -2024 15:00

CDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 811210 $34 Million N/A X Department of Veterans Affairs Eastern Oklahoma VA Health Care System 1011 Honor Heights Drive Muskogee OK 74401 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Refer to the Statement of Work All questions are due NLT May 2 , 2024 at 12 PM CST All quotes are due NLT May , 2024 at 15:

CST

Questions/Quotes, shall be submitted via email to:

Contract Specialist: Jeff Eller at jeffery.eller@va.gov Note: All Contractors must be approved to perform service on Steris Equipment, approved by Steris.

See CONTINUATION Page X X X Mitchael Purdom

VA-VHA-RPOW-2023-0060

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 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:

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.

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

36C25924Q0420

Page 1 of Page 1 of

Eastern Oklahoma Veterans Affairs Healthcare System

SCOPE OF WORK

1.0 Background

Main Campus: Jack C. Montgomery VAMC, 1011 Honor Heights Dr., Muskogee, OK 74401 Tulsa Outpatient #1: Ernest Childers VA Outpatient Clinic, 8921 S Mingo Rd, Tulsa, OK 74133 Tulsa Outpatient #2: 5110 S Yale Ave Suite 200, Tulsa, OK 74134

Equipment to be covered:

3.0 CONTACT POINTS

3.1 The Contractor shall specify an individual who shall serve as a single point of contact for all contract issues (POC). Contractor must provide the Contracting Officer’s Representative (COR) and Contracting Officer (CO) with the POC contact details, to include business phone number or cell phone number and email, as a minimum:

· Within 5 business days of contract award,

· Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and

· Within 5 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 48 hours of a voice message left by the COR.

3.2 Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government. The COR will evaluate the contractor’s performance through review of the Contractor’s Quality Control Procedures in accordance with this contract and SOW.

3.3

3.4 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer. Any invoicing or charges resulting from unauthorized service will not be paid by the government.

5.1 Normal hours of coverage are Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding the federal holidays listed as follows:

Federal Holidays:

Any other day specifically declared a National Holiday by the President of the United States

5.2 When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by US Government Agencies.

6.0 PARTS

6.1 The contractor shall furnish all spare and replacement parts under the terms of this contract. The price of all parts used to perform all scheduled preventive and unscheduled maintenance shall be included in the price of this contract as listed in the schedule. The Government will not pay for any parts provided (during either scheduled or unscheduled maintenance), by the contractor during the performance of this contract. Only new standard parts (manufactured by the maker of the equipment, or equal) shall be furnished to maintain equipment covered under the contract. **Parts being replaced for accidental damage, customer abuse or consumables (including but not limited to batteries) are not covered under this contract. Vendor will notify CO to attain approval and separate PO prior to replacement.

7.0 SERVICE MANUALS/TOOLS/EQUIPMENT

7.1 The EOVAHCS shall not provide tools, (test) equipment, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation (such as; operational and service manuals, schematics, and parts list) necessary to meet the performance requirements of this contract. A reference list of applicable service manuals and their respective locations shall be provided to the CO upon request.

8.0 SCHEDULED MAINTENANCE

8.1 The Contractor shall perform PM Service to ensure that the equipment listed in the schedule performs in accordance with the original manufacturer’s specifications. Annual PM Service must be completed by September 30th of each year. An outline of the PM schedule and procedures shall be provided to the CO upon written request.

8.2 Scheduled preventive maintenance will include, but not be limited to, electrical safety testing, lubrication, adjustment, calibration, testing, and replacement of parts which would normally be replaced during a standard PM (as recommended/required by manufacturer procedures), or parts found in the manufacturers “PM kit”. The contractor’s PM procedures will be comparable to that required by the equipment manufacturer. These procedures shall be presented in writing to the COR. At the conclusion of the preventive maintenance visit, the instrument(s) and/or equipment shall be returned to the operating condition stipulated by the manufacturer's factory specifications.

8.3 All service/repairs shall be performed during normal hours of coverage unless requested or approved by the COR. The contractor shall provide software/hardware updates at no charge.

8.4 Scheduled preventive maintenance service will be provided at regular intervals in accordance with OEM specifications. Such service will be provided at equal intervals during the term of the contract. Unless a particular month is specified in the contract, the Contractor shall notify the COR within thirty (30) days of acceptance of the contract of the month during which the preventive maintenance inspections are to be performed. The contractor is responsible for scheduling all PM service visits prior to the end of the month in which they are due. Any deviations from this schedule must be approved in advance by the COR. Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable). This documentation shall be provided to the COR at the completion of the PM.

8.5 Work performed outside the normal hours of coverage, at the request of FSE, shall be considered service during normal hours of coverage and shall be exempt from a labor hour charge.

8.6 Contractor shall provide 90-day advance notice for all software updates/scheduled system down time.

9.0 UNSCHEDULED MAINTENANCE

9.1 The contractor shall provide repair service which may consist of calibration, cleaning, oiling, adjusting, replacing parts, and maintaining the equipment, to include all intervening service calls performed between scheduled services and calibrations. All required parts shall be furnished to the VA at no cost. The contractor shall repair the equipment to functional level equivalent to the original manufacturer’s specifications. ***Parts being replaced for accidental damage, customer abuse or consumables (including but not limited to batteries) are not covered under this contract.

9.2 Only the CO, COR or alternate designated by the CO has the authority to approve/request an unscheduled maintenance service call to the contractor.

9.3 The contractor's FSE shall respond on site within four (4) hours after receipt of request for service. The contractor shall provide parts, if required to effect repair, within 24 hours of diagnosing the problem.

9.4 There shall be no hourly charge to the Government for unscheduled maintenance performed within the normal hours of coverage defined in the statement of work. Work performed outside the normal hours of coverage, at the request of the COR, shall be invoiced. In the event of a Government caused delay, the VA will pay hourly labor charges for unscheduled service the inadvertently extends beyond the specified normal hours of coverage.

10.1 Contractor shall preform preventative maintenance and chamber cleanings based on OEM standards and recommended frequencies.

11.0 DOCUMENTATION/REPORTS

11.1 The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices (for outside normal working hour services) required to maintain the equipment in accordance with the specifications Each ESR must, at a minimum, document the following data legibly and in complete detail:

· Name of contractor and contract number

· Name of FSE who performed services.

· Contractor service ESR number/log number

· Date, time (starting and ending), equipment downtime and hours on-site for service call.

· VA purchase order number(s) covering the call if outside normal working hours.

· Description of problems reported by the COR/user (if applicable).

· Identification of equipment to be serviced:

· Inventory ID number,

· Manufacturer's name, device name, model number & serial number,

· Any other manufacturer's identification numbers.

· Itemized Description of Service Performed (including, if applicable, costs associated with after normal working hour services) including:

· Labor and Travel,

· Parts (with part numbers),

· Materials and Circuit Location of problem/corrective action.

· Total Cost to be billed (if applicable - i.e., part(s) not covered, or service rendered after normal hours of coverage).

· Signatures:

· FSE performing services described.

· Authorized VA Employee who witnessed service described.

12.2 The Contractor shall attend quarterly service review meetings with the Clinical Engineering COR to review equipment maintenance performance.

13.0 PAYMENT

13.1 Payment will be made in arrears on a quarterly basis. Invoices must include, as a minimum, the following information: Contract No. Purchase Order No., Equipment covered under the invoices (to include serial #s) by the PMI and covered period of service.

14.0 ADDITIONAL CHARGES

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

14.2 Work not covered by this contract shall not be performed without first obtaining permission of the COR and/or the Contracting Officer. Bills resulting from additional work performed without prior approval will not be honored.

14.3 The contract price shall include all travel, fees, accommodations, and any other costs incurred by the contractor. Additional fees or charges of any kind will not be paid.

15.0 REPORTING REQUIRED SERVICES BEYOND THE CONTRACT SCOPE

15.1 The contractor shall immediately, but no later than 24 consecutive hours after discovery, notify the CO or the COR, in writing, of the existence or development of any defects in, or repairs required, to the scheduled equipment which, the contractor does not consider his/her responsibility under the terms of the contract. The contractor shall furnish the Government with a written estimate of the cost to make the necessary repairs.

16.0 CONDITION OF EQUIPMENT

16.1 The contractor accepts responsibility for the equipment covered under this equipment in “as is” condition. Failure to inspect the equipment prior to award of this contract will not relieve the contractor from performance of the requirements of this contract.

17.0 COMPETENCY OF PERSONNEL SERVICING EQUIPMENT

17.1 Each respondent must have an established business, with an office and full-time staff. The staff shall include a fully qualified FSE and fully qualified alternate FSE.

17.2 “Fully Qualified” is based on successful completion of factory training and experience in the field. For training, the FSE shall have successfully completed a formalized training program for the equipment identified in the schedule. For field experience, the FSE(s) shall have a minimum of two years’ experience (with the exception of equipment on the market less than two years) with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered equipment.

17.3 The FSEs shall be authorized by the contractor to perform the maintenance services. All work shall be performed by fully qualified competent FSEs. The contractor shall provide copies of all factory certificates for FSEs showing types of equipment and dates of training for all equipment identified in the schedule upon written request from CO. When deemed appropriate, the CO and/or COR reserve the right to prohibit contractor personnel from working on EOVAHCS equipment.

18.0 TEST EQUIPMENT

18.1 Prior to commencement of work on this contract, the contractor shall provide to the EOVAHCS copies of all current calibration certificates for all test equipment to be used by the contractor on EOVAHCS equipment upon written request from CO. This certification shall also be provided on a periodic basis when requested by the EOVAHCS. Test equipment calibration shall be traceable to a national standard.

19.0 TECHNICAL QUALIFICATIONS and PERSONNEL STANDARDS

Calibration of Vendor’s Equipment: Contractor must provide the COR with certification attesting that all gauging and measurement equipment used to check and calibrate the subject items of equipment has been calibrated either according to the manufacturer’s specifications or within the last twelve months against a standard that is traceable to the National Bureau of Standards.

Contractor must provide the COR and Contracting Office with such documentation, as a minimum:

1. Within 5 business days of contract award,

1. Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and …and in advance of commencing services on equipment identified in this SOW.

Qualifications of Contractor OEM-Trained Technicians: Contractor shall document, in writing, their experience in working on the identical make and model equipment listed in this SOW as well as the qualifications of individuals who will work on the equipment. Where the SOW requires OEM-trained technicians, demonstration of this will also be required in the documentation.

Contractor must provide the COR and Contracting Office with such documentation, as a minimum:

a) Within 5 business days of contract award,

b) Within 5 business days after renewal or extension of services in accordance with, and if permitted by applicable FAR clause, and

c) immediately, when previously assigned OEM-trained technicians have been replaced, …and in advance of commencing services on equipment identified in this SOW.

1. The contractor shall have sufficient staff to satisfactorily support this contract, including the SOW and its purpose. Contractor staff providing services on this contract must include a "fully qualified" FSE and a "fully qualified" FSE who shall serve as the backup.

2. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program, for the equipment. For field experience, the FSE(s) has a minimum of two years of experience (except for equipment newly on the market) with respect to scheduled and unscheduled preventive and remedial maintenance of the equipment in this contract.

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

4. If subcontractor(s) are used, they shall be approved by the CO prior to commencement of services. The Contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval.

Contractor Employee’s On-site At Location: At all times during performance of Services, in accordance with this SOW, the Contractor must ensure Contractor personnel:

1. Be able to function professionally amongst the general public in a hospital and health care environment. Where possible, a warm-natured and humane approach is preferred.

2. Be able to read, understand and apply printed rules, detailed orders, and instructions

3. Be familiar with and compliant with this SOW and Contractual requirements.

4. Be displaying VA Identification badges and Contractor-issued name tags, clearly visible to the general public

5. Be directly and personally escorted by the Contractor’s on-site Supervisor when Contractor personnel are not displaying VA Identification badges and Contractor-issued name tags

6. Maintain a neat, clean, professional appearance

7. Be properly attired in Contractor-issued uniforms which clearly display Contractor branding, keeping in accordance with VHA Dress Policies.

8. Compliant with VA Safety and OSHA regulations throughout the VA Medical Center, as well as VA Medical Center policies.

9. Compliant with parking requirements at the VAMC and park only in the designated parking areas as assigned by the COR.

10. Maintain Decorum at all times. During the performance of services care and consideration must be given to VA visitors and staff. All Services must be performed with minimal disturbance or hindrance to VA Medical Center visitors and staff, specifically maintaining the requirements identified in the Overview of this SOW.

Contractor shall not be considered government employees for any purpose.

20.0 LIABILITIES AND INSURANCES

20.1 Contractor shall provide all labor, materials, and equipment necessary for protection of EOVAHCS personnel, furnishings, equipment and buildings from damage, and shall replace or repair any damage due to work performed under this contract equal to its original construction and finish.

20.2 Contractor must provide the COR and the CO with written confirmation that Contractor has adequate insurance protection against negligent work and other forms of liability.

21.0 VA REGULATIONS

Contractor employees shall always wear visible identification when on premises of the EOVAHCS.

Contractor personnel are responsible for parking in appropriate designated personnel. The VA will not be responsible for parking violation incurred by the contractor. Information on parking is available from the VA police station.

Smoking is prohibited inside any VA facility.

Possession of firearms is prohibited. Enclosed containers, including toolboxes, may be subject to search at the discretion of the EOVAHCS.

22.0 CONTRACT SECURITY

22.1 GENERAL

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

22.2 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 is subjected 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.

22.3 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.

22.4 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 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.

22.5 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. 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:

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

· Description of the event, including:

· Date of occurrence;

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

· Number of individuals affected or potentially affected;

· Names of individuals or groups affected or potentially affected;

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

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

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

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

· Assessment of the potential harm to the affected individuals;

· Data breach analysis as outlined in 6500.2 Handbook, Management of Security and

· Privacy Incidents, as appropriate; and

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

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

· Notification;

· One year of credit monitoring services consisting of automatic daily monitoring of at least

· relevant credit bureau reports;

· Data breach analysis;

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

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

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

22.5 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:

· 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;

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

· Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

· Successfully complete any additional cyber security or privacy training, as required for

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

b. The contractor shall provide to the contracting officer and/or the COR 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.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Preventive Maintenance Service per the PWS for the following Equipment : EE# 45276Serial #0312C1514 Equipment CAVI-20DRW-E Contract Period: Base POP Begin: 06-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

LOCAL STOCK NUMBER: 0312C1514

Preventive Maintenance Service per the PWS for the following Equipment : EE# 52110Serial #3602516022 Equipment VIC SC FH05-OXX

POP Begin: 06-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

LOCAL STOCK NUMBER: 3602516022

Preventive Maintenance Service per the PWS for the following Equipment : EE# 64418Serial #032951804 Equipment AMSCO 400 SERIES 60

POP Begin: 06-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

LOCAL STOCK NUMBER: 032951804

Preventive Maintenance Service per the PWS for the following Equipment : EE# 64418Serial #032951804 Equipment AMSCO 400 SERIES 60

POP Begin: 06-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Preventive Maintenance Service per the PWS for the following Equipment : EE# 64419Serial #032991806 Equipment AMSCO 400 SERIES 60

POP Begin: 06-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

LOCAL STOCK NUMBER: 032991806

Preventive Maintenance Service per the PWS for the following Equipment : EE# 64419Serial #032991806 Equipment AMSCO 400 SERIES 60

POP Begin: 06-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

LOCAL STOCK NUMBER: 32991806

Preventive Maintenance Service per the PWS for the following Equipment : EE# 68521Serial #3619817008 Equipment RELIANCE 1227

POP Begin: 06-01-2024 POP End: 12-31-2024 PRINCIPAL NAICS CODE: 811210 -…