Attachment B Statement of Work and Salient Characteristics Urology 1.1.docx

SECTION A

SOLICITATION/CONTRACT FORM CONTINUED

1. IDIQ Administration: All IDIQ administration matters shall be handled by the following individuals:

1. OFFEROR:

1. OFFEROR REMITTANCE ADDRESS: All payments by the Government to the Offeror will be made in accordance with:

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Offeror Registration, or

[ ] 52.232-36, Payment by Third Party

1. INVOICES: Invoices shall be submitted in arrears:

1. GOVERNMENT INVOICE ADDRESS: All invoices from the Offeror shall be submitted electronically to: www.fsc.va.gov/einvoice.asp.

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

The above amendment section must be filled-out in the event that an Amendment(s) is sent to the offeror or posted to www.ebuy.gov and must be returned with the RFQ package. Failure to acknowledge amendment(s) may constitute the rejection of the offer.

SECTION B

1. DESCRIPTION OF CONTRACT

0. This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for medical scopes and related equipment with service maintenance pursuant to Federal Acquisition Regulation (FAR) parts 12, 13.5 and 16 for the Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22. This IDIQ shall entail both leases and individual purchases of items with service maintenance agreements as listed in the schedule under Attachment A. Contractor agrees to the following terms of the IDIQ exclusively with the VISN facilities listed in 1.6. However, as requirements change, facilities within VISN 22 may be added or deleted by supplemental agreement between the Government and the Contractor.

0. This IDIQ does not obligate any funds. All products ordered under any delivery orders shall be subject to the terms and conditions of this IDIQ. The Government is obligated only to the extent of authorized delivery orders issued under the IDIQ by contracting officers for VISN 22.

0. VISN 22 has provided estimated requirements in Attachment A. Additional items may be added to this IDIQ that are related to the use of medical scopes and related services. All attachments identified in section D are hereby incorporated into this document as an attachment of the document itself, however this document shall supersede any conflicts of terms and conditions present in Section D.

0. The IDIQ base period shall be for a period of five years. Within the duration of this IDIQ, each facility may place leases for medical scopes and related equipment within the ordering base period of the IDIQ.

3. Base Period: (TBD upon award, target date of 3/1/2021 – 2/28/2026)

3. IDIQ Minimum Value - $1000.00

3. IDIQ Maximum Ceiling Value - $10,000,000.00

3. IDIQ Ceiling value may be increased via supplemental agreement if the VISN has a need within the scope of this IDIQ that will exceed the stated value above.

0. Delivery Orders issued shall be identified by IDIQ Number (To Be Determined upon award).

0. Participating Facilities: (Additional Facilities within VISN 22 may be added to this agreement with an exercise of a supplemental agreement between the CO and Contractor. A Contracting Officer Representative (Hereafter referenced as COR) shall be assigned from each facility as a primary point of contact. Overall pricing should reflect the overall volume of all sites below and should be taken into consideration for any addition of future facilities within VISN 22.

5. VA Greater Los Angeles Healthcare System | 11301 Wilshire Blvd, Los Angeles, CA 90073 (GLA)

5. VA Loma Linda Healthcare System | 11201 Benton Street Loma Linda, CA 92357 (LL)

5. VA San Diego Healthcare System | 3350 La Jolla Village Dr, San Diego, CA 92161 (SD)

5. VA Long Beach Healthcare System | 5901 E. 7th Street, Long Beach, CA 90822 (LB)

1. SCHEDULE OF SUPPLIES AND SERVICES

1. Attachment A: This section shall comprise the IDIQ Schedule. Delivery Orders may be placed/obligated against items within the IDIQ Schedule. All items not specifically listed within Attachment A may still be provided under this IDIQ from the Contractor’s catalog at the following set discounted % of or shall provide a catalog with identified discounts on all items within the catalog. On annual basis, contractor shall provide an updated catalog of available items (An online catalog is acceptable).

(NOTE: SECTION 2 IS BEST ARTICULATED WITH ATTACHMENT “A” READILY ACCESSIBLE)

0. Tab 1 of Attachment A shall provide pricing for the following:

0. All equipment necessary to provide medical scope systems for disciplines identified in Section 3.

0. Upon award, additional items may be added to this section via supplemental agreement between Contractor and the Government.

0. Tab 1 shall provide information concerning Part Numbers, Nomenclature, Market Purchase Price, Discounted IDIQ Purchase Price, Monthly Lease Price, Monthly Service Maintenance Price, Buyout Price and Monthly Lease Price after 36 months.

0. Items priced in this tab may be leased or purchased via individual delivery orders for clinics identified in this IDIQ.

0. Leases term lengths shall be for 36 months; however, each lease shall be created as a 12-month delivery order with two one-year options subject to the availability of funds.

0. All lease prices shall be inclusive of property taxes. Property tax shall never be charged separately from the inclusive lease price. The government will not be responsible for any failure to include the property tax in the inclusive lease price listed in this attachment.

0. All leases are to be considered operating leases, not capital leases. Total lease payments should not equal the total value of equipment and should generally follow a 90% total lease cost of equipment unless deemed necessary by the contracting officer.

0. Service Agreement pricing shall provide the following:

7. Full repair coverage with no cap for all contracted equipment, including accidental damage coverage at no extra charge and any associated diagnosis required to repair contracted equipment

7. Prioritized repairs, typically with 24-48 hours turnaround

7. Next day shipping in both directions included at no extra charge

7. 24/7 technical support

7. Repair tracking and history as well as reports of service usage

7. Full access to preventative maintenance and educational courses

7. Provision of loaner equipment at no extra charge during repair with immediate next day shipping

7. Only utilize OEM parts for any repairs by manufacturer certified technicians

7. Provide all preventative maintenance as required by the provided equipment guidelines

7. All repairs shall preserve the contracted equipment’s warranty

0. Buyout prices should be provided for all leased equipment in the schedule. Buyouts may occur as an exercise of a change order modification at the end of the lease term.

0. At the end of a 36-month lease, an extension may be provided upon supplemental agreement based upon pricing provided in column I of this tab. This pricing shall consider the amortization of the leased equipment and should result in a substantially reduced price from column F. This price should also be all inclusive of all taxes and fees. Service prices shall also be provided for extensions in column J not to exceed to 12 months after the end of the 36-month lease. Any additional extensions will require a supplemental agreement between Contractor and the Government. In the event a supplemental agreement is not reached timely, the contractor shall not charge any more than the amounts listed in columns I and J for a 12-month period after the end of a 36-month lease.

0. Tab 2 - 3 of Attachment A:

1. This tab provides the estimated VISN need for the initial delivery orders of the IDIQ. These estimates are subject to change upon the award of the IDIQ prior to issuance of initial delivery orders. These tabs shall serve as an initial benchmark for overall lease pricing.

1. A delivery order will be issued for each facility.

1. Column D includes a general categorization of the type of equipment required and all salient characteristics necessary for required equipment is located in section 3.2.

1. Column H indicates equipment that is currently owned by the VA and may require replacement dependent upon final award. Column G reflects a total number of items required inclusive of quantities in Column H.

0. Other Pricing Considerations

2. Scopes may be added to a 36-month lease after commencement via supplemental agreement, but pricing shall be subject to the amortization of the equipment across the remaining term of the lease. Scopes may also be subtracted from the lease via supplemental agreement and with a reduction of price.

2. Trade in costs of Government Owned Equipment – Contractor shall provide a list that illustrates all acceptable trade-in items with pricing. Contractor shall provide this list on an annual basis and upon Government request for any updated lists. Any trade ins by the government may be used as credit towards a new lease.

1. STATEMENT OF WORK

2. Introduction to Required Specifications

0. Purpose: The desired instrumentation shall have the capability of performing or reporting the clinical parameters as defined in the statement of work. The instrumentation shall be able to perform the complete profile as described below and meet the performance characteristics for accuracy and precision as defined by the FDA.

0. Primary Goals: The Contractor is required to provide medical scopes identified within individual delivery orders relating to Attachment A: Schedule. Each delivery order awarded shall act as a lease with renewable option years. A delivery order may have as many as two option years. Each delivery order shall be subject to the terms and conditions of the IDIQ. Provided items shall be of the highest quality, sensitivity, specificity and tested to assure precision and accuracy. Alert/Notification of any delays in shipment as well as any or all technical advisory/recalls/alerts, prior to or simultaneously with field alerts should be forwarded to the designated individuals, Contracting Officer Representative’s (Hereafter referenced as COR), and the VISN program office. These individuals shall be identified upon award of the IDIQ.

0. Equipment: All equipment shall be new, state of the art, and not recertified nor refurbished. Equipment shall be acquired for each of the stations located at the following VISN 22 facilities: See section 1.6 and Attachment A.

0. Industry Standards: Unless otherwise stated, all equipment shall be held to current industry standards for such equipment as present within the current market for Medical Scope equipment, supplies and related services.

0. Contractor may provide scopes for all possible uses within a medical setting for the below categories only. All scopes will be listed within the schedule under Section 2.

4. Urology (URO)

2. Medical Scope and Related Equipment Requirements

1. General Endoscope Requirements - Must have a minimum of 1080p High Definition Endoscopes for all sections under video processor capabilities.

0. Scopes shall offer several modes of zoom capability to enhance the size of images with minimal picture loss.

0. All provided medical scopes shall be FDA approved.

0. Must have minimum of 1080p imaging for increased Adenoma Detection Rates (ADR).

0. Must have optical imaging technology that enhances the visibility of vessels and other tissue on the mucosal surface.

0. Must filter light wavelengths that are absorbed by hemoglobin providing enhanced visualization of capillary networks and mucosal morphology.

1. Video Processor Requirements – Minimum of 1080p High Definition Video processor.

1. Must be compatible with current owned CH-S190-08-LB camera heads or be able to provide replacement items via other pricing considerations (section 2.1.3.2)

1. Must be compatible with current owned IMH-20 recording devices or be able to provide replacement via other pricing considerations (section 2.1.3.2)

1. Must have multiple established user clinical presets functions (TURBT, tumors, etc.).

1. Must be compatible with ancillary laser modes to reduce halation and flashing during laser treatments of stone and tissue.

1. Must be capable of displaying HD Picture in Picture or Picture outside of Picture of multiple video inputs (EUS, or Fluro).

1. Must have ability to record videos on a portable system.

1. URO Specific Requirements

2. Minimum of 1080p HD Digital Flexible Cystoscopes

0. Must have optical imaging technology that enhances the visibility of vessels and other tissue on the mucosal surface.

0. Must filter light wavelengths that are absorbed by hemoglobin providing enhanced visualization of capillary networks and mucosal morphology.

0. Must be no larger than an 9.5 fr tip capable of atraumatic entry to urethra and bladder

0. Must have variable stiffness shaft to minimize patient discomfort

0. Must have at least 120-140degree field of view

0. Must have adjustable passive deflection

2. Must provide fiberoptic flexible ureteroscopes

1. Must have an atraumatic distal tip no larger than 4.9fr in diameter

1. Must have an insertion tube no larger than 7.95fr in diameter

1. Must have a moiré filter or equivalent solution

1. Must have adjustable passive deflection

2. Must provide digital flexible ureteroscopes

2. Must have an insertion tube no larger than 8.5fr in diameter

2. Must have adjustable passive deflection

2. Must have 120-140 degree rotating shaft

2. Must provide semi rigid ureteroscopes

3. Must have both short and long semi rigid offerings

3. Must have continuous flow capabilities

2. Must provide rigid cystoscopes able to provide HD imaging

4. Must have extra – low dispersion glass construction to produce light output necessary for an HD image

4. Must be compatible with current owned ESG-400 Generators or be able to provide replacement items via other pricing considerations (section 2.1.3)

4. Must be autoclave compatible

2. May provide a Dual Action Lithotripsy System

5. If provided, must have hand activation capability (in order to prevent erroneous “foot pedal” activation)

5. If provided, must have hand controlled integrated suction to allow for visualization control

5. If provided, must be capable to fragment bladder stones, ureteral stones and kidney stones

2. Must have recording and printing capability.

2. Must include an image storage system capable of integrating with the medical record and/or PACS system for retrieval of images for optimal patient care.

2. Support Features

2. Installation/Site Preparation: Site preparation specifications shall be furnished in writing by the Contractor as a Site Preparation Report after award of the delivery/task order. The Contractor shall provide coordinated professional installation and implementation project management services to implement the system specified in the SOW at all identified sites. The Contractor shall provide a firm estimate of working days required from date of delivery order to go-live based upon the SOW. The initial installation site report shall be provided to the CO no later than one week after the initial post award conference and all other site reports shall be provided at least forty-five (45) days before installation of all those sites. Contractor shall visit each site and propose the location of equipment and determine specific site prep requirements including but not limited to:

0. Space availability

0. Power availability

0. Equipment shall be new, state of the art, and not recertified or refurbished.

0. Configuration of mounts, modules, and peripheral equipment.

0. VA responsibilities

0. Provide additional power requirements as provided in vendor specifications.

2. Warranty: The Contractor shall provide a minimum warranty of no less than the length of the overall lease. Any lease extensions must include an inclusive warranty for all equipment.

2. User and Service Manuals: The Contractor shall provide to each station at no charge, two (2) complete and unabridged printed copies and one (1) electronic version (CD) of operator manuals, service manuals, electronic schematics, troubleshooting guides, diagnostic software and tools, and parts lists for each piece of equipment purchased to the COR with delivery of equipment upon request. Additionally, any upgrades to these documents shall be provided by the Contractor free of charge. These manuals shall include all components and subassemblies, including those not manufactured by the Contractor. These manuals and documentation shall be identical to the ones supplied to the manufacturer’s service representatives and shall contain the diagnostic codes, commands, and passwords utilized in maintenance, repair and calibration of the equipment and provided for the life of the system at no additional cost.

2. Clinical Training: The Contractor shall provide a training program that is coordinated with and timely to the equipment installation. Training shall include initial setup and user training; onsite training for go-live support, super user training and follow-up training. Contractor’s shall provide a sample of the training curriculum for both in-service applications training and Biomed Technical training and explain training methodology and training plan.

2. Service/Maintenance: Contractor shall provide a full service/maintenance program for all medical scopes identified in Attachment A. The service/maintenance program must have the following features:

4. Complete repair of a covered item with Original Equipment Manufacturer (OEM) parts. Covered items will be shipped at the Contractor’s expense and no additional charge shall be made to the facility.

4. While any covered item is being repaired, a loaner scope shall be sent to the facility for use if requested and available. If a covered item cannot be repaired, it must be replaced entirely with a new replacement item of the same make and model.

4. Contractor must maintain and provide reports of repair usage of covered items upon facility request.

4. Pricing for this program shall be included in Attachment A.

2. Upgrade/Updates: The Contractor shall provide updates to both the equipment hardware and software in order to maintain the integrity of the system and the state-of –the art technology, at no additional charge to the Government. These shall be provided as they become commercially available and at the same time as they are being provided to commercial customers. This requirement only applies to “system updates” that enhance the model of equipment being offered, i.e. new version of software, correction of hardware defect, update offered to commercial customers at no additional charge, upgrade to replace model of equipment no longer Contractor supported, etc. This does not refer to replacing the original piece of equipment provided under the IDIQ; however, it does refer to significant changes in the hardware operational capability. Should the VISN decide to upgrade their current equipment i.e. - replacement of existing equipment with newer models, the CO and Contractor may do so under a signed supplemental agreement.

1. PACKAGING & MARKING

3. Packaging

0. All equipment and supplies shall be adequately packaged to prevent damage during shipping, handling and storage. Bags or packages shall be whole, intact, and not otherwise torn or damaged. Upon delivery, the Government shall examine all packages. The Contractor shall be required to replace unacceptable or damaged products at the Contractor’s expense.

3. Marking

1. All items shall be marked clearly with the IDIQ Number, Delivery Order Number, Obligation number and delivery location within the hospital i.e. Emergency Room. For major Equipment, the Obligation number shall begin with an A after the station number i.e. 600A20000. All other service items shall be marked with a C number i.e. 600C20001. The Delivery Order number shall have a format similar to this example: VA262-12-J-0001.

1. A list of all serialized equipment shall be provided with equipment delivery and also sent electronically to the contracting officer and specific using clinic.

1. DELIVERIES & PERFORMANCE

4. Installation/Implementation

0. Implementation/transition timeframe: The implementation of the services/ requirements described in this IDIQ shall be completed no later than thirty (30) days after the award of the IDIQ and corresponding delivery order for each identified station and clinic. This timeline is based upon a reasonable attempt of the Contractor to complete all necessary implementation requirements within the stated timeframe. Contractors shall not be penalized for implementation timelines that extend beyond the thirty (30) day timeframe, if the extension is through no fault of the Contractor and is a result of delays due to the Government (i.e. construction/remodeling of facilities). Upon award of a delivery order, the transition period for the awarded Contractor to have all equipment and peripherals installed and operational shall be thirty (30) days from the date of award. During this same period all initial training of VA personnel in the operation and maintenance of said award shall also be completed with exceptions due to delays at the fault of the Government.

4. Acceptance and Performance: This paragraph establishes a standard of quality performance that shall be met before any equipment listed on the delivery order/IDIQ is accepted by the Government. This also includes replacement, substitute items and items that are added or field modified after a system has demonstrated successful performance. The acceptance period shall begin on the completion of installation and completed Certificate of Acceptance. A modification is required after lease commencement to reflect actual lease start and end dates if different from the delivery order due to delays in shipping or otherwise.

1. Certificate of Acceptance and Lease Commencement – The delivery order shall have a Lease Commencement Date of thirty (30) days from issuance unless otherwise accepted by the contractor. Lease will commence upon completion of a Certificate of Acceptance provided by the contractor to the COR and CO signifying that all equipment has been provided to the facility, training has been completed and equipment is primed for use. If all equipment is not received due to issues such as backorders, partial acceptance is allowable in order to commence the lease however invoicing shall be prorated both with service and equipment until all equipment is received.

1. During the term of the IDIQ, should the repair record of any individual piece of equipment reflect a downtime of 10% or greater of the normal working days in one calendar month, a determination shall be made by the designated representative of the Government to replace the malfunctioning equipment with new equipment at no charge to the VISN. Each instrument provided by the Contractor shall maintain an uptime of 90% in each month of the term of the agreement. Fault of failure attributable to Government misuse or handling shall void this requirement for each specific failure.

4. Delivery: The Contractor shall deliver all supplies and services identified in the schedule to the locations identified in section 1.6.

2. The delivery location is subject to change as required by the designated authority or authorized personnel at the receiving facility. The Contracting Officer Representative (Hereafter referenced as COR) shall be required to notify the Contractor when delivery locations have been changed.

2. All deliveries shall be made during normal working hours from 8:00 a.m. to 4:00 p.m. and a copy of the packing list/slip shall be provided at time of delivery. The packages packing list/slip shall contain the complete purchase order number, IDIQ number, shipping address, delivery location, items/quantity ordered and items/quantity shipped. Standard orders shall be delivered within no more than 30 working days after receipt or placement of order.

4. Government’s Responsibility: The user shall perform routine maintenance and cleaning as required in the manufacturer’s operation and maintenance instructions. The user shall maintain appropriate records to satisfy the requirements of this paragraph.

1. CONTRACT ADMINISTRATION DATA

5. Ordering, Invoice and Payment

0. The Contractor shall list in the spaces below the name(s) and address(es) of customer service departments with whom the Government facilities shall place orders:

Name:

Address:

Phone No:

Fax No:

Contact:

Email:

Name:

Address:

Phone No:

Fax No:

Contact:

Email:

0. Payment Address: The Contractor shall submit in arrears a completed individual itemized invoice in accordance with the address below.

VA Finance Center PO Box 149971 Austin, TX 78714

0. Invoice Information: The following information shall be listed on all invoices (Failure to comply may result in refusal of an invoice resulting in delayed payment at the fault of the Contractor).

2. Facility’s Name and address where service was provided

2. IDIQ Number (For Example :VA262-BP-0001)

2. Delivery Order Number (For Example: VA262-12-J-0001)

2. Obligation Number (For Example: VA600-C27001)

2. A Line Item break down of usage for example:

2. Line item 1 URO Scope Lease: 1 MO at $400.00

2. Line item 4 URO Service Maintenance: 1 MO at $10.00

2. Identify the period of time by month/year charged in the invoice.

2. IDIQ Holder’s Internal Contract number (if applicable)

2. Include point of contact for concerns and questions. Contractor must name a specific person, phone number and email.

5. IDIQ Program Manager

1. The Contractor shall provide an IDIQ program manager who shall be responsible for the performance of the work under the IDIQ. In addition, the program manager shall act as the main focal point of communication between the Contracting Officer and the Contractor. The name of this person shall be designated in writing to the Contracting Officer. The program manager shall have full authority to act on behalf of the Contractor on all contractual/IDIQ matters relating to daily operation of the IDIQ.

Company Name:

Address:

Phone No:

Fax No:

Contact Name:

Email:

5. Hours of work

2. The IDIQ shall include five day a week, 9 hours a day full service agreement to include all necessary service calls. After hours and weekends service are chargeable as per Supplies or Service and Prices/Costs section herein, Schedule of Labor Charges and Replacement Parts. Contractor may offer differing times for the service agreement, but may not reduce the availability of time by no more than two hours from the above stated times.

2. Any service performed during other than normal work hours must be approved in advance by the facility COR or CO.

2. Holidays: Only emergency service shall be provided on National Holidays and only if authorized by the COR in advance as approved in the delegation of authority. The rates shall be chargeable as per Supplies or Service and Prices/Costs section herein, Schedule of Labor Charges and Replacement Parts.

2. When a National Holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a National Holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a National Holiday.

1. SPECIAL IDIQ REQUIREMENTS

6. Physical Security and Facility Considerations

0. Identification, Parking, Smoking and VA Regulations (For any onsite services):

0. The Contractor employees and/or Subcontractors approved by the COR shall wear visible identification at all times while on the premises of the facilities within the VISN. Identification shall include but not be limited to a company identification card, which shall include the company name, employee name, title, and a photograph of the employee. Contractor Employees shall maintain a professional appearance commensurate to their industry.

0. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

0. Any interior or exterior doors that shall be unlocked to gain access shall be kept locked during the performance of work unless it results in the creation of a safety hazard. In those instances the Contractor is responsible to take necessary actions to maintain the same level of security prior to gaining access/performing work. Should any other devices need to be unlocked like an entry gate, those devices shall be locked immediately upon entry or exit. At no time shall the Contractor allow any person into a locked area or loan keys/access cards to another person. Contractor may be held in default for failure to comply with this requirement and subject the Contractor and its employees to contractual and other legal remedies.

0. Contractor personnel are required to check into the facility Police & Security office at each visit to pick up a “contractor” badge prior to contacting the COR. The Contractor’s staff shall also be required to sign in and out each day at a designated location determined by the COR.

0. The Contractor agrees that none of its officers or employees shall use or reveal any research, statistical, medical, or security information which may be obtained during the performance of the work or as a result their presence on Government premises without the written consent of the Government

0. Smoking is prohibited inside any buildings at facilities within VISN 22.

0. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

0. The Contractor shall not allow his/her employees, including Subcontractors’ employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones for any purpose other than a local emergency call. The Contractor shall be responsible to provide all necessary equipment, tools, parts, and materials to perform the work. The Government shall not be obligated to provide any equipment, tools, parts, and materials to assist the Contractor in performing the work.

0. Background Checks:

1. The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

1. IAW VA 0710 Handbook, appointees and contract personnel appointed to Low/Moderate/High Risk positions must be subjects of a background investigation conducted by OPM and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract.

1. Should the contract require Contractor’s personnel to maintain U.S. citizenship, the Contractor shall be responsible for compliance. Regardless of U.S. citizenship requirements, Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

1. The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government on the basis of the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. At this time, the current estimated costs for such investigations are as follows:

LEVEL OF

SENSITIVITY

BACKGROUND

INVESTIGATION LEVEL

APPROXIMATE COST

1. The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/Non-sensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

6. Information Technology Security Considerations

1. 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.

1. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the Contract or (ii) disposal or return of the IT equipment by the Contractor/subcontractor or any person acting on behalf of the Contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the Contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the Contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the Contract.

1. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

1. Vendor must accept the system without the drive;

1. VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

1. VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

1. Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

1. The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

1. Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or Contract.

1. A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

1. In addition, please see Attachment C for additional Information Technology terms and conditions. All terms and conditions of Attachment C shall apply to this IDIQ.

6. Insurance Requirements for work performed on Facility Grounds

2. The Contractor agrees to procure and maintain, while the Contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California and/or Nevada laws.

2. The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this Contract.

2. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this Contract.

2. Before commencing work under this Contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

2. Contractor is required to provide copies of proof of Workers Compensation and Employee Public Liability Insurance within fifteen (15) calendar days after notification of Contract award.