36C26020Q0192-001.docx

36C26020Q0192

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

101-20-2-6010-0012 36C26020Q0192 03-24-2020 Karen Rhodes 509-321-1912 04-08-2020 36C260 Department of Veterans Affairs Network Contracting Office 20 8524 N. Wall St.

Spokane WA 99208 X X 811219 $22 Million N/A X 36C101 Department of Veterans Affairs

VISN 20

See PWS for locations

Same as block 9

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page The Department of Veterans Affairs, VISN 20 NW Healthcare Network intends to establish a single award contract to provide on-site biomedical technician support services for the VISN 20 locations identified in the performance work statement.

The anticipated period of performance is one year from date of award.

Offerors shall review the quote preparation instructions located at the Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items.

This is a total SDVOSB set-aside. As such, any offerors must be verified in VIP in order to be eligible for award.

Questions regarding this solicitation must be submitted in writing no later than 0800 Wednesday, April 1, 2020 to karen.rhodes@va.gov.

See CONTINUATION Page X x Karen Rhodes

VA-VHA-RPOW-2019-82DDA0AA

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: To be determined

b. GOVERNMENT: Contracting Officer 36C260 Department of Veterans Affairs Network Contracting Office 20 8524 N. Wall St.

Spokane WA 99208

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Services, non-personal, biomedical equipment technician in accordance with the performance work statement at all VISN sites listed.

0001AA

Services, non-personal, biomedical equipment technician: Level I Technician

0001AB

Services, non-personal, biomedical equipment technician: Level II Technician - Mid Level

0001AC

Services, non-personal, biomedical equipment technician: Level III Technician - Senior Level

Services, non-personal, biomedical equipment technician in accordance with the performance work statement at all VISN sites listed.

0002AA

Services, non-personal, biomedical equipment technician: Level II Technician

0002AB

Services, non-personal, biomedical equipment technician: Level II Technician - Mid Level

0002AC

Services, non-personal, biomedical equipment technician: Level III Technician - Senior Level

Services, non-personal, biomedical equipment technician in accordance with the performance work statement at all VISN sites listed.

0003AA

Services, non-personal, biomedical equipment technician: Level I Technician

0003AB

Services, non-personal, biomedical equipment technician: Level II Technician - Mid Level

0003AC

Services, non-personal, biomedical equipment technician: Level III Technician - Senior Level

OVERTIME - Services, non-personal, biomedical equipment technician in accordance with the performance work statement at all VISN sites listed.

0004AA

OVERTIME - Services, non-personal, biomedical equipment technician: Level I Technician

0004AB

OVERTIME - Services, non-personal, biomedical equipment technician: Level II Technician - Mid Level

0004AC

OVERTIME - Services, non-personal, biomedical equipment technician: Level III Technician - Senior Level

Travel - will be reimbursed in accordance with JTFR regulations. Includes airfare, lodging, rental car as agreed to between VA and Contractor on an as needed basis after award. This is not a priced line item.

B.4 PERFORMANCE WORK STATEMENT

1. CONTRACT TITLE. Biomedical Engineering Contractor Support Services.

2. SCOPE. The purpose of this non personal services contract is to provide biomedical contractor support to the VISN 20 Biomedical Engineering Department to accomplish pending corrective maintenance, pending preventative maintenance, impending preventative maintenance work orders and cabling assigned to biomedical engineering. This work will be in support of the ongoing EHR deployment throughout VISN 20. Work may be performed at all 8 facilities and surrounding clinics as required (See Attachment A).

3. PERIOD OF PERFORMANCE. The period of performance for Biomedical Engineering Contractor Support services shall be for one twelve-month period from the date of award.

4. PLACE OF PERFORMANCE. Attachment A lists possible sites were work may be performed. The Government retains the right to add or subtract locations as needed and will be done via bi-lateral modification to the contract.

5. HOURS OF PERFORMANCE. Normal working hours will be 7:30am to 4pm, Monday-Friday, excluding federal holidays. Occasional overtime may be needed and will be billed at the agreed upon rate. The contractor shall provide a technician availability calendar indicating the number of contracting technicians available each week through the course of the year to aid in scheduling activities. This shall be provided on a weekly basis via email to the COR.

Contractor hours will be reported on a tracking spreadsheet submitted weekly to the Contracting Officer Representative (COR) by email. The COR shall verify hours submitted on invoices against the tracker prior to billing and payment.

6. LIST OF EQUIPMENT. Attachment B lists equipment supported under this contract. The Government retains the right to add or subtract equipment as needed and will be done via bi-lateral modification to the contract.

7. MAINTENANCE AND REPAIR OF HOSPITAL EQUIPMENT SERVICES OVERVIEW.

7.1 Preventative maintenance services shall include complete preventive maintenance (PM) and corrective maintenance (CM) repairs on equipment identified by the Contracting Officer Representative (COR) in accordance with manufacturer and Biomedical Engineering’s standard procedures. The weekly PM & CM workload estimates shall be given to the contractor by the COR on a weekly basis during a regularly scheduled conference call.

7.2 Perform repairs using accepted repair practices (the Original Equipment Manufacturer’s/OEM procedures unless explicitly stated otherwise) while maintaining industry standards of equipment performance and safety.

7.3 Assist in-house Biomedical Equipment Support Specialists with maintenance and repair of complex electronic and medical equipment and systems as necessary.

7.4 Assist in-house Clinical Engineers with cabling and gang box installations for Biomedical Equipment projects as necessary. Contractor will follow facility ICRA procedures and supply infection control isolation equipment for installations.

7.5 Notify COR of any repair or preventative maintenance services that must be completed by the Original Equipment Manufacturer (OEM). If any parts are required to complete a preventive maintenance service, contractor shall notify COR on a weekly basis.

7.6 Document all work completed with a work order report per Biomedical Engineering’s standard operating procedure.

7.7 Accomplishes work within an established framework of policies/guidelines. Corrective maintenance work orders shall be completed within 5 business days of receipt unless circumstances do not allow for timely completion (upon which time the COR shall be notified). Preventive maintenance work orders shall be completed in accordance with the following:

7.8 Report equipment and job statuses to COR, Biomedical Engineer, and/or Biomedical Engineering Support Staff (BESS) on a weekly basis via conference call scheduled by COR.

7.9 Facilitate with Cerner-medical device integration parameter testing efforts, medical device configurations and Cerner Connectivity Engine (CCE) configurations required for BMDI solutions.

7.10 Submit all receipts for travel expenses including flights, hotels, rental cars, and any other transit methods utilized. Meal receipts will not be required and will only be reimbursed for actual costs incurred up to the GSA per diem amount when a contracted employee is traveling more than 50 miles from their place of residence.

8. CONTRACTOR PERSONNEL QUALIFICATIONS

8.1 All contractor personnel shall possess the following qualifications:

Associates degree or higher, or equivalent (e.g., military training), as an electronics technician and/or Biomedical Equipment Technician. Minimum of three (3) years hospital/healthcare experience performing medical equipment maintenance.

8.2 Contractor personnel shall be designated to work on equipment at the following levels:

MONITORS: BEDSIDE

SCANNING SYSTEMS: ULTRASONIC: SMALL-PARTS

8.3 Contractor will be required to provide evidence of training, certifications, experience, and other qualifications for each biomedical engineering technician performing services under this contract. Evidence must include a list a list of types of equipment on which contracted personnel have experience performing preventative and corrective maintenance.

8.4 During the contract period of performance, if the Contractor proposes to add-on or replace personnel to perform contract services, the Contractor will submit the required evidence of training, certifications, experience, and other qualifications to the COR. At no time, shall the Contractor utilize add-on or replacement personnel to perform contract services who do not meet the qualifications under the terms and conditions of this contract.

9. CONTRACTOR EMPLOYEES

9.1 Contractor employees shall not be considered Government employees for any purpose. The VA reserves the right to restrict any Contractor employee from performing services under this contract who do not meet the required qualifications for the services they are required to perform, and who violates Federal regulations or are identified as a potential threat to the security, safety, health and/or operational mission of the VA and its' Veteran population. The restriction of such Contractor personnel shall not relieve the Contractor from performing all the required services, in accordance with all terms, conditions, and schedules contained herein.

9.2 The contractor shall furnish qualified personnel as required by contract specifications to accomplish services under this contract.

9.3 Contract employees will be escorted at the VA facility by the COR or other VA employee designated by the COR.

10. CONTRACTOR PERFORMANCE

10.1 Contractor performance will be monitored by the COR. Completed assignments will be reviewed/discussed with the COR. Incomplete/pending work orders and preventive maintenance (PM) assignments will be reviewed on a regular basis, generally weekly but more frequent if requested by on site VA staff, to ensure work is being completed in accordance with contract requirements.

11. PERFORMANCE REQUIREMENT SUMMARY

11.1. The Government will evaluate the contractor’s performance under this contract using the method of surveillance specified below. All surveillance observations will be documented by the COR. When an observation indicates defective performance, the COR will provide the Contractor with a copy of the record of the observation.

11.2 The government shall immediately notify the contractor in the event the contractor’s level of performance falls below 90% of the expected performances (corrective maintenance and preventative maintenance completion) as outlined in this PWS.

11. PHYSICAL DEMANDS

11.1 Work assignments involve bench and on-site repairs requiring sitting, standing, walking, lifting, climbing, bending, and working in cramped and awkward positions. Frequently handles objects weighing up to 40 pounds and occasionally objects weighing in excess of 40 pounds.

12. WORK ENVIRONMENT

12.1 Maintenance shop and patient care areas. Work is primarily done inside well-lighted, heated and ventilated areas, although access to some equipment may be more cramped and not as well lit. May be exposed to tremendously high electrical voltages and currents, and may sustain cuts, bruises or burns caused by electric shock, hot components, and ionizing radiation x-rays. May be exposed to patient bodily fluids when working in patient-care areas.

13. ASSIGNED WORK PROCEDURES.

13.1 The Contracting Officer Representative (COR) will initiate the work schedule to the contractor through email or weekly conference calls.

13.2 Contractor shall confirm receipt and schedule an agreed upon time to complete the work.

13.3 Contractor shall provide a qualified Biomedical Engineering Technician (BMET) to perform maintenance and repair depending upon what type of equipment requires repair/maintenance. BMET’s shall provide certification to the COR based on the work requested.

13.4 Upon completion of services, contractor shall provide a Field Service Report to the COR which details information regarding the cause of the equipment malfunction and corrective action taken.

14. BACKGROUND VERIFICATION

14.1 Contractor employees are required to be fingerprinted and have a background verification completed by the VSC Personnel Security Office, prior to commencement of work (NOTE: A temporary ID badge may be provided prior to final verification). This process is initiated by the COR upon approval of the contractor employee’s experience verification outlined in this PWS. Fingerprints can be taken at the nearest VA facility to the contractor’s residence and does not have to occur in VISN 20.

ATTACHMENT A: LIST OF FACILITIES

ATTACHMENT B: EQUIPMENT SUPPORTED

INJECTORS: CONTRAST MEDIA: ANGIO

THYROID UPTAKE SYSTEMS

INJECTORS: CONTRAST MEDIA: CT

TISSUE PROCESSORS

R/F UNITS: MOBILE

RADIOGRAPHIC SYSTEMS: DIGITAL

R/F SYSTEMS: GENERAL-PURPOSE

B.5 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or…