Solicitation 36C26324Q0309 Amendment 0001.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 13

499-24-3-6709-0016

None

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

To all Offerors/Bidders

36C26324Q0309

02-27-2024

X

499-3640160-6709-822400-2580 CS01A00A1

499-24-3-6709-0016

X One

Online Pharmaceutical Database Subscription Service for the VISN 23: VA Midwest Health Care Network.

Period of Performance

Base: 04/01/2024 – 03/31/2024

Option Year 1: 04/01/2025 – 03/31/2026

Option Year 2: 04/01/2026 – 03/31/2027

Option Year 3: 04/01/2027 – 03/31/2028

Option Year 4: 04/01/2028 – 03/31/2029

This Amendment is to answer Vendor Questions for the Solicitation.

John Milroy

Contracting Officer

VA-VHA-RPOC-2023-0067

Answer to Vendor Questions

Question: Monthly in arrears payment is not typical for these types of contract. Can this be changed to other, lump sum? We can do payment in arrears 30 days after start of contract.

1) On page 3 it states” 3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

Answer: Invoicing is determined at the time of award. It not part of the evaluation process of for the solicitation.

Question: In block 20, the period of performance seems to be incorrect, as it shows the service ending 31 January of each year. Will the government please review the period of performance dates, as it states:

Base: 04/01/2024 –01/31/2024

Option Year 1: 04/01/2025 –01/31/2026

Option Year 2: 04/01/2026 –01/31/2027

Option Year 3: 04/01/2027 –01/31/2028

Option Year 4: 04/01/2028 –01/31/2029

Answer: This has been corrected in the SOW with the correct POP.

Question: “6.1 The Contractor shall provide a pharmaceutical database with add-ons/modules:

Continuing Medical Education (CME) credits…”;

This is not supplied under the existing contract, but instead is provided by the UptoDate contract at the VA LNO level, and is a requirement for the subsequent solicitation for those services. In light that this requirement is already met within another existing contract, would you please remove the requirement for the drug database to supply this need?

Answer: The “Continuing Medical Education (CME) credits” has been removed from 6.1.

Question: 6.1.22. Newsletters for physicians and nurses.

6.1.23. Platform that easily records, tracks, and redeems AMA Category I CME credits with each review topic.

This is not supplied under the existing contract, but instead is provided by the contract at the VA

LNO level. In light that this requirement is already met within another existing contract, would you please remove the requirement for the drug database to supply this need?

Answer: Item 6.1.22 and 6.1.23 have been removed.

Question:

7.5.1. Contractor shall provide training and training materials at no additional cost, including online tutorials and/or webinars upon demand and on-site training, briefings, and updates to the facilities in the VISN 23 as requested by VISN 23. Training will be coordinated with local library or pharmacy services depending on the facility.

Onsite training is not typical for these types of platforms. We typically provide scheduled virtual life training, via Microsoft Teams (or similar platforms). Would this be acceptable? If not, will the government please provide the location, frequency, and duration of any on-site requirements for each facility per year?

Answer: Onsite training has been removed. The preferred method is by MS Teams or WedEx.

Question: On page 33 it states “Page limit for Past Performance and Application Capability volume is 20 pages”.

With the level of detail required to describe our database and show that it meets the technical requirements, would the government modify this requirement to 30 pages?

Answer: This has been updated on ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO

OFFERORS. 30 Pages would be fine.

STATEMENT OF WORK: Updated 02/27/2024

1. Scope of Work: The Contractor shall provide a pharmaceutical database equivalent to

Wolters Kluwer Lexicomp and include the criteria outlined herein.

2. Period of Performance:

2.1. Base: 04/01/2024 – 03/31/2024

2.2. Option Year 1: 04/01/2025 – 03/31/2026

2.3. Option Year 2: 04/01/2026 – 03/31/2027

2.4. Option Year 3: 04/01/2027 – 03/31/2028

2.5. Option Year 4: 04/01/2028 – 03/31/2029

2.6. Federal holidays observed by Federal Government can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

3. Place of Performance:

3.1. Department of Veterans Affairs, VISN 23: VA Midwest Health Care Network, 2805 Dodd

Road, Suite 250, Eagan, MN 55121.

3.2. The VA Midwest Health Care (VISN 23) serves veterans residing in the states of Iowa, Minnesota, Nebraska, North Dakota, South Dakota and portions of Illinois, Kansas, Missouri, Wisconsin and Wyoming.

3.3. Medical Centers are located at:

3.3.1. Central Iowa VA Health Care System, 3600 30th Street, Des Moines, IA 50310

3.3.2. Nebraska-Western Iowa VA Health Care System, Omaha Campus, 4101

Woolworth Avenue, Omaha, NE 68105

3.3.3. Nebraska-Western Iowa VA Health Care System, Grand Island Campus: 2201

N Broadwell Ave, Grand Island, NE 68803

3.3.4. Nebraska-Western Iowa VA Health Care System, Lincoln Campus: 420 Victory

Park Dr, Lincoln, NE 68510

3.3.5. Sioux Falls VA Health Care System, 2501 W 22nd Street, Sioux Falls, SD

57105

3.3.6. Iowa City VA Health Care System, 601 Highway 6 West, Iowa City IA 52246

3.3.7. Minneapolis VA Health Care System, One Veterans Drive, Minneapolis, MN

3.3.8. Fargo VA Health Care System, 2101 Elm Street N., Fargo, ND 58102

3.3.9. Black Hills VA Health Care System, Fort Meade Campus, 113 Comanche Road, Fort Meade, SD 57741

3.3.10. Black Hills VA Health Care System, Hot Spring Campus, 500 North 5th Street, Hot Springs, SD 57747

3.3.11. St. Cloud VA Health Care System, 4801 Veterans Drive, St. Cloud, MN 56303

3.3.12. Fargo VA Health Care System, 2101 Elm Street North, Fargo, ND 58102

3.3.13. All Department of Veterans Affairs, VISN 23: VA Midwest Health Care Network:

Community Based Outpatient Clinics (CBOCs), VA-owned and leased https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/ properties, and non-VA-owned or leased remote locations of Department of

Veterans Affairs, VISN 23: VA Midwest Health Care Network users.

4. Objectives:

4.1. The Contractor shall provide an online and mobile application Pharmaceutical Database Wolters

Kluwer Lexicomp or equivalent that provides healthcare professionals access to evidence-based, point-of-care drug information from a single source that aligns with best practices and trusted, authoritative sources.

5. Requirements

5.1. The Contractor shall provide all resources necessary to meet the requirements described in this statement of work for a commercial, off-the-shelf medical and pharmaceutical database equivalent to Wolters Kluwer Lexicomp.

5.2. The Contractor shall provide an online product and a mobile application compatible with iOS and Android devices and optimized for smartphones and tablets. Further references to the

“mobile application” within this Statement of Work shall include the referenced compatibility and optimization.

5.3. The Contractor shall provide 24/7 license rights for immediate access to electronic drug and medical content, references, tools, calculators, resources, links, and materials as stated herein for multiple simultaneous users of the Department of Veterans Affairs, VISN 23: VA Midwest

Health Care Network, from any VA or non-VA networked, web-enabled computer or iOS and

Android smartphone or tablet, both onsite and offsite.

5.4. The Contractor shall provide a static URL for access within the VA firewall and a mechanism to connect outside the VA firewall (e.g. VPN and mobile application).

5.5. The Contractor shall provide mobile application access from a single application that is fully operational and equivalent to the online content, references, tools, calculators, resources, links, and materials. The mobile application must contain full database information versus summary content and update in real-time automatically to match any changes to online material and content.

5.6. The Contractor shall provide usage statistics monthly. The usage statistics format will be provided via email or contractor-provided platform access. It will include session count, search count, and total document retrievals per title at a minimum.

5.7. The Contractor shall provide all updates to content at no additional cost.

6. Application Capability

6.1. The Contractor shall provide a pharmaceutical database with add-ons/modules: Facts and Comparisons database; Trissel's IV Compatibility database; Martindale: The

Complete Drug Reference; 5-Minute Clinical Consult database, and Brigg’s Drugs in

Pregnancy and Lactation reference guide; and consists of the following salient characteristics at a minimum:

6.1.1. No direct connection or interface to VA systems or network.

6.1.2. Direct links for users to access decision support tools.

6.1.3. User-friendly login and search engine.

6.1.4. Content is evidence-based, peer-reviewed, and expert opinion.

6.1.5. Content, resources, and tools developed by a multi-disciplinary editorial team of clinicians, including advanced-degree pharmacists from various specialties.

6.1.6. Drug assessments based on manufacturer monographs and peer reviews of primary literature.

6.1.7. References to primary literature to support recommendations and/or indications for therapy.

6.1.8. Daily, real-time updates, with the most recent update date displayed in the search results.

6.1.9. Quality control mechanisms to ensure content is reliable and updated daily.

6.1.10. Effective and efficient single and multi-term searching.

6.1.11. Basic and advanced search options.

6.1.12. Autocomplete feature that contains frequently searched items.

6.1.13. Misspelling correction feature that offers correctly spelled options.

6.1.14. Clinical drug and therapeutic decision-making support tools with actionable recommendations.

6.1.15. Drug identification tool that contains search fields for drug/product imprint, dosage form, shape, color, name, and manufacturer with search results containing an image of the product/drug.

6.1.16. Teratogenicity, toxicology, complementary and alternative medicine, and pharmaceutical information.

6.1.17. Toxicology database with search function by drug.

6.1.18. Poison control information, including antidote and supportive care measures.

6.1.19. Pharmacy compounding stability information obtained from package insert and primary literature.

6.1.20. Full-text databases on chemical, pharmaceutical, and related biological substances used in clinical patient care.

6.1.21. Links to accessible primary literature or PubMed to support clinical content.

6.1.22. Tools to aid information retrieval assessment [e.g., medical calculators

(dosing, clinical, measurement, laboratory values, etc), tables, graphics].

6.1.23. Drug information includes dosing by indication, mechanism of action, adverse effects, administration recommendations, warnings (including black-box warnings), contraindications, interactions, monitoring parameters, storage, hazardous drug handling, stability, pregnancy and lactation considerations, pharmacogenomics, available dosage forms, and precautions from package inserts and drug texts.

6.1.24. Drug dilution instructions, drug pricing reference, pharmacokinetic data, adverse event incidence data.

6.1.25. Dosing information for general populations, such as adult, pediatric, neonatal, and geriatric populations, and dosing for special clinical situations, such as special considerations in patients with renal impairment, hepatic impairment, or obesity.

6.1.26. Extensive evidence-based and peer-reviewed information on the following specialty areas: adult emergency medicine; adult primary care and internal medicine; allergy and immunology; anesthesiology; cardiovascular medicine; dermatology; endocrinology and diabetes; family medicine and general practice; gastroenterology and hepatology; general surgery;

geriatrics; hematology; hospital medicine; infectious diseases; nephrology and hypertension; neurology; obstetrics, gynecology and women’s health;

oncology; palliative care; pharmacogenomics; pulmonary, critical care and sleep medicine.

6.1.27. Drug reviews, clinical practice guidelines & reviews, and pharmacokinetics information.

6.1.28. Drug interaction analysis tool that identifies potential drug-drug, drug-

OTC, drug-alternative medicine, drug-allergy, drug-ethanol, drug-lab, drug-food, drug-tobacco, drug-pregnancy, drug-lactation, and duplicate therapies with a single drug interaction search. Additionally, the drug interaction tool must allow input of multiple drugs at once and analyze the severity of interactions, include percentages of patients affected by the interaction where available, and contain case reports.

6.1.29. Comprehensive disease state summary, management, and treatment recommendations.

6.1.30. Summary of new or changing therapies.

6.1.31. IV compatibility from Trissel’s 2 Clinical Pharmaceutics Database.

6.1.32. Administration, monitoring, compatibility, and admixing instructions for parenteral medications.

6.1.33. Drug monograph database that contains drug utilization evaluation templates/documents.

6.1.34. Store drug monographs in the database for at least five years to allow

Pharmacy and Therapeutics reviews for older drugs.

6.1.35. A clinical teaching section to assist in communicating information to patients (this is a patient education requirement).

6.1.36. Patient education content for medications, medical conditions, treatments, and overall health.

6.1.37. Patient information leaflets can be customized with the patient’s name and patient-specific comments and made available for electronic download and/or print.

6.1.38. Patient information is available at a basic reading level (two reading levels are preferred) and available in both English and Spanish.

6.1.39. Condensed versions of medication leaflets that providers can use to counsel their patients.

6.1.40. Electronic and print materials that can be customized with practice site logos and contact information.

6.1.41. Customizable formulary settings to assist VA prescribers in navigating

VA formulary and non-formulary options.

6.1.42. Drug formulary information with the ability to customize a standard clinical drug information monograph with facility-specific information.

6.1.43. Comprehensive medication monographs include information regarding

FDA and non-FDA-approved indications with tables to compare drugs within a class for things like half-life or other important information with literature citations listing the evidence base.

6.1.44. Drug comparison evaluation tool that can view multiple drugs side-by-side with primary literature summaries to allow for time-effective comparison of more than one agent within one search and includes concise reviews of trials or case reports, including key study design characteristics such as number of patients, p-values, and population.

6.1.45. An international directory providing formulas, synonyms, and therapeutic courses of drugs and drug derivatives.

7. Support

7.1. A designated account representative will be assigned to assist the COTRs with any potential concerns that may arise during the period of the contract.

7.2. The Contractor shall provide a technical support telephone number and email address.

The customer service team shall be available during normal business hours to troubleshoot website or mobile application connectivity or other technical support issues.

7.3. The Contractor shall address any questions or problems encountered when using this product with supported software or hardware. Specific requirements must be included if a plug-in, additional software, or recommended software is required for optimal use.

7.4. The Contractor shall provide all updates and any plug in for application/content at no additional cost.

7.5. The contractor shall provide usage statistics on a monthly basis to the VA Point of

Contact. The format of the usage statistics is provided either via email or contractor provided login and should include session count, search count, and total document retrievals per title.

7.5.1. Contractor shall provide training and training materials at no additional cost, including online tutorials and/or webinars upon demand and face to face training

(via MS Teams or WebEx), briefings, and updates to the facilities in the VISN 23 as requested by VISN 23. Training will be coordinated with local library or pharmacy services depending on the facility.

7.6. Confidentiality, Privacy, And Security

7.6.1. Confidentiality: The Department of Veteran Affairs will provide the contractor with access to pertinent patient information for the purposes of providing IT Support to the Department of Veteran Affairs. The contractor shall ensure the confidentiality of veteran’s personal information and shall be held liable in the event of breach of confidentiality. Contractor shall adhere to VA Directive 6500.6, Contract Security.

Any person who knowingly or willingly discloses confidential information from the

VA may be subject to criminal penalties.

7.6.2. Privacy Act and Authorization to Release Information: As a result of this contract, the contractor shall be subject to the Privacy Act of 1974. The veteran’s personal information described in this solicitation are irreplaceable personal information that must be safeguarded at all times. Contractor shall refer to the Privacy Act

Notification (FAR 52.224-1) and Privacy Act Clause (FAR 52.224-2) as found in the clauses section. The contractor shall develop and maintain a method of tracking any data obtained from the VA. The contractor is not authorized to release any veteran’s information. The Department of Veteran Affairs is the sole entity authorized to release any information upon written authorization from the patient.

7.6.3. Veteran’s Personal Information: Contractor personnel who obtain access to the veteran’s personal information or access hardware/software that may store sensitive information protected under 38 U.S.C. 4132 or 3305, as defined by the

VA, shall not have access to the records unless absolutely necessary to perform the requirement. Any contractor employee required to access pertinent data shall not disclose to anyone that is not involved in the performance of this task. Any violation of these provisions may involve criminal penalties.

7.6.4. Veteran’s Personal Information Handling and Storage: Department of Veteran

Affairs will allow the contractor personnel to work off-site, remote from the VA facility. However, the contractor is responsible for ensuring that the employees maintain the records in a safe and secure environment. Any examples for content, reference, or formatting must be de-identified.

7.6.5. In accordance with Federal Acquisition Regulation (FAR) 4.703, the Contractor’s contract files must be maintained for three years after final payment. The

Contractor shall destroy the files on the anniversary of the third year after final payment has been received. The destruction shall be coordinated with the VA.

7.6.6. Destruction of VA Information – All VA data kept onsite by the contractor will be destroyed and/or shredded when not needed. Acceptable methods of onsite final destruction for all content would include burning, pulping, and/or erasing.

7.6.7. Certification of Destruction – The contractor will provide to the Contracting Officer

Representative and the Contracting Officer written documentation that all records were destructed at the end of the period of performance.

7.7. Security

7.7.1. The contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions, laws, and regulations.

7.7.2. The contractor’s firewall and web server that will be utilized for this contract shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall.

7.7.3. Antiviral software shall be installed by the contractor and kept current.

7.7.4. Equipment should be housed and protected in such a way that reduces the risks from environmental threats and hazards, and the opportunities for unauthorized access, use, or removal.

7.7.5. The configurations, processes, and procedures described in the VA Remote

Access Guidelines, published and updated by the Office of Cyber Security

(OCS), must be adhered to

7.7.6. All remote access devices used to connect to VA networks will be configured to provide protection from malicious code and unauthorized access.

7.7.7. VA Directive 6500 shall be adhered to and all requirements met.

7.7.8. Contract employees are required to log onto VPN access point at a minimum of every two weeks in order to maintain access.

7.7.9. VA information may not reside on non-VA systems or devices unless specifically designated and approved as appropriate for the terms of the contract.

7.7.10. The contractor shall provide assurance to VA Information Resources

Management (IRM) Chief, Information Security Officer (ISO), and/or designee that they have adhered to the remote access requirements, that systems are properly configured and that appropriate security mechanisms and monitoring devices are up to date with best practices and technical standards.

7.7.11. In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of Upon termination or completion of the contract, computer equipment used in performance of contractual obligations will be sanitized according to VA standards and guidelines. When non-VA equipment is transferred or disposed, the equipment will be sanitized according to VA standards and guidelines.

Sanitization of equipment shall include the requirement for the contractor to surrender the hard drives of the equipment to VA for destruction. Additional sanitization of electronic media can be found in VA Handbook 6500.1 “Electronic

Media Sanitization.”

7.7.12. The contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification and accreditation.

7.7.13. Contractors are prohibited from establishing communication configurations that would permit access to be established from outside the VA onto VA private networks that bypass established authentication and authorization processes, such as enabling unsecured modems on computers connected to VA internal networks.

7.7.14. Any security violations or attempted violations shall be reported to the

Contracting Officer Representative, Contracting Officer and VA Information

Security Officer (ISO) within one hour of the incident.

8. Government Roles and Responsibilities:

8.1. The following personnel shall oversee and coordinate surveillance activities:

8.1.1. Contracting Officer (CO) – The CO shall ensure the performance of all necessary actions for effective contracting, ensure compliance with the awarded contract, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the Contractor receives impartial, fair, and equitable treatment. The CO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

8.1.2. Facility Point of Contact (POC) – The POC is responsible for technical administration of the awarded contract and shall assure proper Government surveillance of the Contractor’s performance. The POC shall review all invoices for accuracy and certify correct invoices for payment. The POC is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

9. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS

MANAGEMENT LANGUAGE FOR CONTRACTS RECORDS MANAGEMENT

OBLIGATIONS

9.1. Applicability

9.1.1. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

9.2. Definitions

9.2.1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

9.2.2. The term Federal record:

9.2.2.1. includes Department of Veteran Affairs records.

9.2.2.2. does not include personal materials.

9.2.2.3. applies to records created, received, or maintained by Contractors pursuant to their Department of Veteran Affairs contract.

9.2.2.4. may include deliverables and documentation associated with deliverables.

9.3. Requirements

9.4. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

9.5. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act

(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

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

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

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

9.7. Department of Veteran Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of Department of Veteran Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Department of Veteran Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

9.8. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract action.

The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veteran Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract action. Destruction of records is EXPRESSLY

PROHIBITED unless in accordance with Paragraph (4).

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

Government and Department of Veteran Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

9.10. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veteran Affairs policy.

9.11. The Contractor shall not create or maintain any records containing any non-public

Department of Veteran Affairs information that are not specifically tied to or authorized by the contract.

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

9.13. The Department of Veteran Affairs owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which Department of Veteran Affairs shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

9.14. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veteran Affairs-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

9.15. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

9.16. Flowdown of requirements to subcontractors

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

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

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

SITE VISIT:

A site visit will not be provided for this procurement.

TECHNICAL QUESTIONS:

Technical questions shall be accepted by the Government in writing no later than 12:00pm Central Time

(CT), Tuesday February 27, 2024. Please list “Technical Questions – Solicitation 36C26324Q0309” in subject line of e-mail and send to John Milroy, Contract Specialist, at john.milroy@va.gov. Please include in your questions the page number (listed at bottom of each solicitation page) of solicitation technical questions are referring to.

OFFER SUBMITTAL INSTRUCTIONS:

1) Offeror shall submit offers by Due Date/Time specified in Block 8 of Standard Form (SF) 1449 of solicitation to John Milroy, Contract Specialist, at john.milroy@va.gov.

2) Subject line of e-mail shall be “Offer – Solicitation 36C26324Q0309” in subject line.

3) Offer shall include signed Standard Form (SF) 1449 page of solicitation

4) Offer shall include signed Standard Form (SF) 30 acknowledgements of solicitation amendments, as applicable

5) Offer shall also include the following, submitted as two (2) separate volumes in Portable Document

Format (PDF), not Microsoft Word format:

Volume 1 (Past Performance and Technical Capability)

Past Performance

Offeror shall provide references, not to exceed five (5), which shall be for work performed within past three (3) years and shall be relevant to the complexity, size, and scope of this requirement.

For references, offerors shall list:

• Name/address of organization contract was with

• Contract or project number/title

• Period of performance of contract/project number

• • Brief description of contract/project scope and dollar value

• • Point of contact information (name/title/phone number/e-mail address)

References may be from Federal/State/Local Government organizations or from commercial organizations in which the contractor performed as a Prime Contractor. Government references are considered more relevant in priority order of Federal, State, and then Local.

Application(s) Capability

Each offeror shall provide documentation that if application can provide all requirements of the Statement of Work. This documentation can be a user manual capability sheet of the application, etc. which shows the functionality and capability of the application in all required environments, such as online, iPhone, Android, etc.

Page limit for Past Performance and Application Capability volume is 30 pages.

Volume 2 (Pricing)

Pricing: Contractor shall submit pricing on Section B.2 (Price Schedule); firm fixed unit pricing shall include all labor, overhead, profit, materials, and associated costs of the like to provide services as specified in Section B.3 (Statement of Work). Pricing shall not be handwritten on Section B.3 (Price

Schedule) due to readability issues and submitted on that basis.

The VA Contracting Officer must determine the price offered to be fair and reasonable prior to contract award.

VETERAN-OWNED SMALL BUSINESS OWNER RESPONSES

Please provide the following information as an attachment to your response:

mailto:john.milroy@va.gov mailto:john.milroy@va.gov

1. Identify any other companies owned (wholly or in-part) by the owners of this business who provide goods or services under the same or a related NAICS codes.

2. Identify any other companies owned (wholly or in-part) by the owners of this business who provide goods or services that are registered under the same or a related NAICS code with the Center for

Veterans Enterprise (CVE); Provide the certification type (SDVOSB/VOSB), Federal Identification

Number, and state of incorporation for each.

3. Do you plan on responding to a solicitation for this requirement with a Joint Venture utilizing multiple owned companies as majority or non-majority owner?

Yes ___No ___ If yes, please identify which companies are considering a Joint Venture and the ownership of each company.

A completed copy of 852.219-75 - VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION must be included in the submission package.

Note: Failure to submit any of the required information, statements, or certifications may result in rejection of the quote without further consideration for award.

The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

(End of Provision)