36C26126Q0039_1 Reno Philips.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

36C26126Q0039 09-23-2025

Cynthia Diezel 916-923-4567 09-30-2025

10:00 PDT

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

X

811210

$34 Million

N/A

Reference the Performance Work Statement

612MCP

FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

The contractor is to provide support service and required repair parts of the Philips MRI dStream system at VA Sierra Nevada Health Nevada Health Care System (VASNHCS) located at 975 Kirman Avenue, Reno, NV 89502.

Period of Performance: 11/19/2025 - 11/18/2027 Base Year: 11/19/2025 - 11/18/2026 Option Year 1: 11/19/2026 - 11/18/2027

See CONTINUATION Page

Cynthia Diezel Contracting Officer

36C26126Q0039

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.1 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 2023)

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

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION FEB 2025)

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 36C261

c. ADMINISTRATION: Contract Specialist 36C261 Cynthia Diezl

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly in arrears

4. GOVERNMENT INVOICE ADDRESS: Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877- 489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA- FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135

Website: http://www.tungsten-network.com/uk/en/ Department of Veterans Affairs Financial Service Center

Phone: 1-877-353-9791 Email: vafscched@va.gov mailto:vafscched@va.gov

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

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Contract for Support Service Contract for Philips MRI System dStream 1.5T Site ID: 80838234 Contract Period: Base POP Begin: 11-19-2025 POP End: 11-18-2026 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): N/A

12.00 MO __________________ __________________

Contract for Support Service Contract for Philips MRI System dStream 1.5T Site ID: 80838234 Contract Period: Option 1 POP Begin: 11-19-2026 POP End: 11-18-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

MANUFACTURER PART NUMBER (MPN): N/A

GRAND TOTAL __________________

Statement of Work (SOW) Worksheet

B.3 PERFORMANCE WORK STATEMENT

1. TITLE: Philips MRI System Service and Support

2. BACKGROUND

a. Contract maintenance services are required to service the medical equipment/support systems listed in Section 4 of this document.

3. DESCRIPTION AND SCOPE OF WORK

a. The contractor shall furnish all labor, transportation, expertise necessary to provide support service and required repair parts of the Philips MRI dStream system at VA Sierra Nevada Health Care System (VASNHCS) located at 975 Kirman Avenue, Reno, NV 89502. The equipment and support systems to be serviced under this scope of work includes the following:

Description Model# Site ID# Manufacturer

MRI System dStream 1.5T 80838234 Philips Healthcare

4. DELIVERABLES SCHEDULE

a. Contract shall be Base plus one (1) beginning NOV 19, 2025. Option year beginning NOV 19,2026

5. CONTRACTOR RESOURCE REQUIREMENTS & QUALIFICATIONS

a. Service providers must have been engaged in maintaining/servicing the equipment listed in Section 4 for a minimum of 5 years.

b. Due to the criticality of medical devices/systems listed in Section 4, the contracted vendor must have a field service representative located in the Reno, NV area who has received maintenance training specific to the models of equipment listed above.

c. Field service representatives must provide, upon written request, evidence of appropriate training for the equipment they are servicing.

d. Subcontracting of maintenance services will not be allowed without coordination with the contracting officer’s technical representative (COTR) and written permission of the Contracting Officer.

e. Parts replaced by the contractor become property of the contractor unless required to be maintained by VASNHCS due to on-going evaluation of equipment/system identified on incident report or sentinel event.

f. Contractor will provide the necessary manpower and supervision to properly execute the maintenance program.

g. Only manufacturer approved factory service parts shall be used.

6. PERFORMANCE STANDARDS AND QUALITY ASSURANCE

a. Service contractor must furnish all tools and materials (e.g., service manuals, diagnostic software, etc.) required to maintain the equipment to manufacturer’s operational specifications.

b. Service Contractor will have a one hour initial response with four hour on-site response.

c. Service contractor to provide the latest software updates when made available by the equipment manufacturer. These upgrades include; operating system software, basic application software and software options purchased with the equipment. InCenter access is required to access service updates. Current IST permissions are required to view InCenter Data.

d. Service documentation - A documentation package acceptable for JCAHO purposes will be maintained by the contractor and made available to VASNHCS. Required documentation includes:

1) Inventory. The contractor will survey all applicable areas within VASNHCS the first 3 months after contract award to validate inventory of equipment to be serviced.

2) Service Histories. The contractor will maintain a permanent record of service histories for equipment listed in Section 4.

3) Preventive Maintenance inspections. The service contractor will have written procedures to be followed and documented evidence that equipment/systems listed in Section 4 have been inspected per those procedures.

4) A preventive maintenance inspection report will be prepared and delivered to the contracting officer’s technical representative (COTR) annually. This report will show all equipment by serial number as well as all parts replaced on each system.

7. GOVERNMENT REPRESENTATIVE, SUPPORT, REPORTING AND COMMUNICATIONS

a. All services will be performed during VA business hours, 8:00 AM - 5:00 PM, Monday – Friday, except Federal Holidays. Contractor may work outside normal business hours by arrangement with Biomedical Engineering if such services are provided without additional charge to the government, or if after-hours service is a service covered under the contractor’s maintenance agreement. Contractor may also work outside of normal business hours if a request for services outside of the scope of this contract is coordinated with Biomedical Engineering.

b. VASNHCS Biomedical Engineering will work with the service contractor to provide a designated area for servicing the equipment listed in Section 4. In most cases the work will be performed in the area where the equipment is used for patient care.

c. Inventory changes: - Equipment may be added or deleted from the service contract as needed upon notification by the contracting officer (to be documented in writing via contract amendment). Pricing of added equipment will be the same unit price as established for the same model anesthesia system in contractor’s original bid, or by agreement of contractor and contracting officer if additional equipment is a model which is not already covered by contract terms. Deleted equipment will be credited in the full amount if deleted before any maintenance or repair has been performed on it.

8. LOCATION OF WORK AND TRAVEL

a. Contractor Check-In: - The contractor’s representative will contact Biomedical Engineering at (775)784-3940 prior to performing any maintenance services.

b. Work to be performed will be at the place of equipment use in one of the locations indicated below:

VA Sierra Nevada Health Care System – Main campus located at 975 Kirman Avenue, Reno, NV

VA Sierra Foothills Outpatient Clinic – Located at 11985 Heritage Oaks Place, Auburn, CA

VA Carson Valley Outpatient Clinic – Located at 925 Ironwood Drive, Suite 2102, Minden NV

VA Lahonton Valley Outpatient Clinic – Located at 345 West A Street, Fallon, NV

Winnemucca Rural Outreach Clinic – Located a 3298 Traders Way, Winnemucca, NV

10. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

10.1 All contractor employees and subcontractors working with sensitive VA information are subject to the same investigative requirements as those of regular VA appointees or employees who have access to the same type of data or information. These personnel shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the prime contractor will be responsible for the actions of those individuals they provide to perform work for VA.

10.2 Position Sensitivity - The position sensitivity shall be as designated by the VA Sponsor or COR assigned to the contract. Most investigations required are Low Risk although some key positions may be designated at higher levels. The risk level designations for public trust positions and the corresponding background investigation levels are defined in VA Directive 0710.

10.3 Performance - Contract performance shall not commence prior to confirmation from the SIC that the investigative documents have been submitted. The VA Security and Investigation Center (SIC) will notify the VA Contracting Officer, VA Sponsor (COR), and the contractor upon receipt of the appropriate investigative documents.

10.4 Contractor Responsibilities - The contractor shall complete the required documents for each individual and provide a copy to the COR and the contracting officer within five days of contract award. The information is necessary for the contracting officer or designee to initiate the investigation with the VA Security and Investigation Center (SIC) in a Contractor Request Database (CRD). Email contact information must be provided for the prime contractor point of contact responsible for ensuring completion of this contract requirement. Failure to provide this information to the COR could result in the forms being returned by the SIC.

10.5 The contractor shall submit or have their employees submit directly to the VA Security and Investigation Center (SIC) the necessary forms as instructed via an email from the CRD relative to the level of background investigation requested. Contractors shall be informed of due dates to complete all portions of the investigative package. Reminder notifications will be sent if the complete package is not submitted by the due date. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they are able to read, write, speak, and understand the English language. The contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85or 85P may result in the SIC rejecting the documentation for investigation.

The SIC provides a help desk and necessary forms via the VA forms web site, http://www.va.gov/vaforms/search_action.asp:

Contractor shall submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

Standard Form 85P, Questionnaire for Public Trust Positions Standard Form 85P-S, Supplemental Questionnaire for Selected Positions VA Form 0710, Authority for Release of Information Form Optional Form 306, Declaration for Federal Employment Optional Form 612, Optional Application for Federal Employment FFD258 U.S. Department of Justice Fingerprint Applicant Chart

10.6 Contractors who have a current favorable background investigation conducted by another Federal agency may be accepted through reciprocation. Members of the SIC staff will coordinate verification of existing favorable background investigations.

10.7 Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

11. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

11.1 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.

11.2 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 http://www.va.gov/vaforms/search_action.asp

VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

11.3 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.

11.4 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.

11.5 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.

12. VA INFORMATION CUSTODIAL LANGUAGE

12.1 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).

12.2 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 onsite 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.

12.3 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.

12.4 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.

12.5 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.

12.6 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.

12.7 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.

12.8 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.

12.9 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.

12.10 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.

12.11 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.

12.12 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.

13. SECURITY INCIDENT INVESTIGATION

13.1 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.

13.2 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.

13.3 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.

13.4 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.

14. LIQUIDATED DAMAGES FOR DATA BREACH

14.1 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

14.2 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.

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

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

b. Description of the event, including:

i. date of occurrence;

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

c. Number of individuals affected or potentially affected;

d. Names of individuals or groups affected or potentially affected;

e. 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;

f. Amount of time the data has been out of VA control;

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

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

i. Assessment of the potential harm to the affected individuals;

j. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

k. 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.

14.4 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 $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

a. Notification;

b. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

c. Data breach analysis;

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

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

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

15. TRAINING

15.1 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:

a. 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;

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

c. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

d. 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.]

15.2 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.

15.3 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 the training and documents are complete.

16. INCORPORATION OF OIG STATEMENT

The following statement is applicable to contractor dispensing opticians.

OIG STATEMENT:

“Providers and contracting entities have an affirmative duty to check the program exclusion status of individuals and entities prior to entering into employment or contractual relationships or run the risk of civil monetary penalties (CMP) liability if they fail to do so.” The contractor shall provide a signed annual report, to the COR, stating that each individual or entity under this contract has been checked against the OIG List of Excluded Individuals/Entities http://www.oig.hhs.gov/fraud/exclusions.html, and the contractor found no individual or entity had been excluded from participation in Medicare, Medicaid and other Federal health care programs. The report will be due each year on the renewal date of the contract.

17. INCORPORATION OF STATEMENT OF COMMITMENT AND

UNDERSTANDING

The following contract statement is applicable to all contractor personnel.

STATEMENT OF COMMITMENT AND UNDERSTANDING

The contractor shall complete the attached training and certify completion of the training and understanding of their commitment to protect sensitive VA information obtained as a result of performance of this contract.

18. INCORPORATION OF JOINT COMMISSION ON ACCREDITATION OF

HEALTH CARE ORGANIZATIONS (JOINT COMMISSION), CMS, AND OTHER

SPECIAL REQUIREMENTS.

The following is applicable to the dispensing opticians.

JOINT COMMISSION ON ACCREDITATION OF HEALTH CARE

ORGANIZATIONS (JOINT COMMISSION), CMS AND OTHER SPECIAL

REQUIREMENTS

Where the contract does not require Joint Commission accreditation or other regulatory requirements regarding worker competency, the contractor must perform the required work in accordance with Joint Commission and CMS standards. The contractor must demonstrate that he/she has met or exceeded Joint Commission and CMS requirements. The contractor is required to develop and maintain the following documents for each contractor employee working on the contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors required to perform a job correctly http://www.oig.hhs.gov/fraud/exclusions.html and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate.); a current performance evaluation supporting ability of the contractor employee to successfully perform the work required in this contract; and listing of relevant continuing education for the last two years. The contractor will provide current copies of these records at the time of contract award and annually on the anniversary date of contract award to the COR, or upon request, for each contractor employee working on the contract.

The contractor will be responsible to ensure that contractor employees providing work on this contract are fully trained (for opticians: certified by the appropriate certifying body) and completely competent to perform the required work.

The contractor is required to maintain records that document competence/performance level of the contractor employees who participate in this contract are in accordance with Joint Commission, CMS and other regulatory body requirements. The contractor will provide a current copy of the competence assessment checklist and annual performance evaluation to the COR for each contractor employee working under this contract upon award and annually thereafter.

When changes in contractor personnel are approved in accordance with the “Key Personnel” clause of the contract, the contractor must provide evidence of orientation, the current competence assessment, and current performance evaluation that supports the above.

Where the contract does not require Joint Commission accreditation or other regulatory body requirements, the contractor must perform the required work in accordance with Joint Commission and CMS standards. A copy of these standards may be obtained from the Joint Commission on Accreditation of Healthcare Organizations, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

The websites for Joint Commission and CMS are:

http://www.jointcommission.org/Standards/; http://www.cms.hhs.gov/

19. SPECIAL CONTRACT REQUIREMENTS

19.1 Key Personnel and Temporary Emergency Substitutions - The contractor shall assign to this contract the following key personnel: all individuals providing supplies and services to VA Beneficiaries and for whom information about education and training is required to be submitted as a part of the response to this Request for Quotation.

a. Personnel assigned by the contractor to perform the dispensing optician services covered by this contract shall be licensed in the State, Territory or Commonwealth of performance and meet the professional qualification criteria of VA in accordance with VHA Handbook 1105.2. The qualifications of such personnel shall also be subject to review by VA Chief of Staff and approval by VA Facility Director.

b. Upon award, the contractor will provide a listing of key personnel (either electronically or by hard copy) to both the contracting officer and CORs at the respective Health Care System listed in para 2.5. The contractor shall also provide licensing, certifications and curricula vitae, resumes, and/or other pertinent information on the qualifications of the dispensing opticians at the Health Care System and Outpatient Clinics at the initiation of the contract, when new opticians are added, and for temporary substitutions of opticians.

http://www.jointcommission.org/Standards/ http://www.cms.hhs.gov/

c. During the first ninety days of performance, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the contracting officer, in writing, within fifteen calendar days after the occurrence of any of these events and provide the information required by paragraph (ii) below. After the initial ninety-day period of the contract, the contractor shall submit the information required by paragraph (ii) to the contracting officer at least fifteen calendar days prior to making any permanent substitutions.

i. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the contracting officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The contracting officer will notify the contractor within fifteen calendar days after receipt of all required information of the decision on the proposed substitutes. The contract may be modified to reflect any approved changes of key personnel.

ii. For temporary substitutions where the key person(s) will not be reporting to work for three consecutive work days or more, the contractor will provide a qualified replacement for the key person(s). This substitute shall have comparable qualifications/ certifications/credentialing to the key person(s). VA reserves the right to approve the assignment of individual personnel furnished by the contractor to perform the functions specified in the contract. Any period exceeding two weeks will require the procedure stated in paragraph (i) above.

19.2 Confidentiality of Patient Records - The contractor is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the contractor is considered as being part of the Department health care activity. The contractor is considered to be a VA contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, contractor is considered to be a VA contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the sharing agreement, the contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA. The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.552a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants’ records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over the contractor, may have access to VA’s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.

The contractor will have and maintain access to digital certificates for all key staff for the safe electronic transmission of patient information via patient encryption (e.g. PKI). The VA can assist the contractor in getting PKI access. Any initial or recurring costs that may be incurred are the responsibility of the contractor.

19.3 Privacy Policy Training- All contractor and subcontractor employees performing work under this contract and having access to patient records and other privacy act information are required to complete the Veterans Health Administration (VHA)’s mandatory “VHA Privacy Policy” training course(s). The course(s) is/are available on-line at the VA Talent Management System 2.0 (TMS) website:

https://www.va.gov/oaa/mandatory.asp

Instructions: Complete the below required training:

a. Completion of VA Privacy and Information Security Awareness and Rules of Behavior (VA 10176) will satisfy the annual information security and general privacy FISMA requirement for VA Health Care System.

b. Employees who have access to Protected Health Information (PHI) for administrative and clinical purposes have an additional requirement that will be met by completing the Privacy and HIPAA Focused Training (VA 10203).

c. VHA Mandatory Training for Trainees (VA 3185966)* or VHA Mandatory Training for Trainees – Refresher (VA 3192008)*.

*Note: VA 3185966 and VA 3192008 are only required for “health profession trainees.” These courses have been approved by the VA Learning University as substitutes for VA 10176 and VA 10203

20. HIPAA COMPLIANCE

HIPAA compliance is required. Contractor must adhere to the provisions of Public Law 104- 191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor will require to enter into a Business Associate Agreement (BAA) with VA.

21. HHS/OIG

To ensure that the individuals providing services under this contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services – Office of Inspector General (HHS/OIG), Lists of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

Submittal: Training completion certificates or proof of training for contractor furnished training for all applicable contractor and subcontractor employees shall be forwarded as one submittal package to the contracting officer within ten calendar days of Contract or Purchase Order Award.

https://www.va.gov/oaa/mandatory.asp

22. BUSINESS ASSOCIATE AGREEMENT

Contractor will be required to sign a Business Associate Agreement with the Department of Veterans Affairs Health Administration

23. BACKGROUND CHECKS

Contractor personnel may be required to have background checks completed.

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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…