36H79719R0007-0004000.docx

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Attached to
Next Gen 2019 Rad Therapy Systems and Accessories Federal contract opportunity
Solicitation number
36H79719R0007
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 12

About this file

This document provides amendments and clarifications to a solicitation for radiation therapy systems and accessories. The solicitation seeks to award multiple contracts for the supply of radiation therapy systems, related accessories, and maintenance services to the Department of Veterans Affairs and Defense Logistics Agency Troop Support. Key details include a request for pricing using a provided contract price book template, submission of current commercial price lists, and clarification of business associate agreement and liquidated damages requirements. Offerors should monitor the Federal Business Opportunities website for any further amendments with a closing date 30 days from solicitation issuance on or around April 23, 2019.

36H79719R0007 0004 36H79719R0007 0004.docx

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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) 05-23-2019 Department of Veterans Affairs OPAL/National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines

IL

60141 Department of Veterans Affairs OPAL/ National Acquisition Center Building 37 1st Avenue, One Block North of Cermak Hines

IL

60141 To all Offerors/Bidders

36H79719R0007

X

X The purpose of amendment 0004 is to provide Corrections and Clarifications to All Offerors

All other terms and conditions remain the same.

Hasael Roman Coontracting Officer

CONTINUATION PAGE

PART 4 MANUALS AND COMPLIANCE

Section 4-4 Business Associate Agreement OLD: In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation” the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations (See Attachment 7). This agreement requires the contractor to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and DoD 6025.18-R and DoD 8580.02-R

CORRECTION: In accordance with VHA Handbook 1605.6 “Veterans Administration Handbook” VHA is the only administration of the Department of Veterans Affairs’ (VA) that is a Covered Entity under the HIPAA Privacy Rule. HIPAA regulations require VHA to execute HIPAA-compliant BAAs with appropriate parties that create, receive, maintain, or transmit VHA PHI to perform activities, functions or services for VHA. BAAs obligate VHA Business Associates to provide the same protections and safeguards and agree to the same disclosure restrictions to PHI that is required of VHA under the Privacy Rule. Offerors that currently have a BAA must submit it with their offer. (See Attachment 7 Sample Business Associate Agreement)

Part 5 Information Technology Requirements

Section 3. VA INFORMATION CUSTODIAL LANGUAGE OLD: g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate CORRECTION: g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1605.05, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

Section 7. LIQUIDATED DAMAGES FOR DATA BREACH OLD: d. 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 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

CORRECTION: d. 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:

Section 9. TRAINING OLD: (1) 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;

CORRECTION: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems;

CLARIFICATION:

Q1 (b.) CONTRACT PRICE BOOK: Proposed pricing shall be submitted using Attachment 5 (Contract Price Book Template). The template supplied includes all mandatory data elements and shall fully comply with the contents of the SOW. In the Amendment 0003 you stated that only the Catalog Tab should be populated – is this our current contract catalog (without any new items, updated pricing, etc)? Since you do not want the Offer-MOD REQUEST tab completed at this time and only after award – we would add items to update, add, delete, etc after the award?

A1 - The ATTACHMENT 5 “CONTRACT PRICE BOOK” is for offerors to submit the proposed pricing (Government discount/price), on the “CATALOG” tab of the spreadsheet. The OFFER-MOD-REQUEST” tab is for after contract award (Modifications) to the contract.

Q2 (d.) COMMERCIAL PRICE LIST: Offeror shall submit their current, dated, published commercial price list of all items and maintenance offered in the proposal. This includes price list catalogs or other documentation setting forth the prices charged to the general public.

A2 - The COMMERCIAL PRICE LIST – Offerors must submit their commercial list pricing of those items/products intended to be offered to the Government. This is intended for “commercial list prices” before any discounts.

File details come from the government source that posted it. Updated .