C03 Contract 36C26325C0075 signed bdls.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

437-25-4-032-0013

36C26325C0075 AWARDED:

EFFECTIVE: 09-01-2025 36C26325Q0937

Becky De Los Santos 320-255-9460

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St Suite 300 Coralville IA 52241

X 100

X

541380

$19 Million

N/A

36C437

Department of Veterans Affairs Fargo VA Healthcare System 2101 N. Elm Street

Fargo ND 58102

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

4W4A7

RADIATION PHYSICS CONSULTANTS INC

502 E 2ND ST

DULUTH MN 55805

Dave Lemaster

218-591-3892 Z4K9HKBXWKK5

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

CERTIFIED MEDICAL RADIATION SAFETY OFFICER to support the VA Fargo VA North Dakota Health Care System located at 2101 Elm Street N, Fargo ND 58102.

See Statement of Work and Price/cost Schedule for Specific requirements and qualification standards. The requirement is for routine and emergency Radiation Safety Officer (RSO) coverage for radiation services.

Period of Performance:

Base Period: 9/01/2025-08/31/2026 Option Year 1: 09/01/2026-08/30/2027 Option Year 2: 09/01/2027-08/31/2028 Total Award Value if all option years exercised: $155,820.00

Contractor Shall reference Purchase Order 437C50139 on all invoices submitted for payment for the period of 9/01/2025 8/31/2026.

$44,700.00 See CONTINUATION Page

437-3650160-032-822200-2560-010022200 437-25-4-032-0013 437C50139 x X x 01

Becky De Los Santos VA-VHA-RPOC-2025-00390075 8/5/2025Steven Nicholas, President

36C26325C0075

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.2 IT CONTRACT SECURITY

B.3 STATEMENT OF WORK

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ACCOUNTING AND APPROPRIATION DATA

B.5 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...65

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

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: Radiation Physics Consultants INC Dave Lemaster lemaster@rpcphysics.com

b. GOVERNMENT: NCO 23 Contracting Officer Department of Veterans Affairs Network 23 Contracting Office 1303 5th St. Suite 300 Coralville, IA 52241

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 [ X ] c. Other: Within Quarterly

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

In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (FSC).

The VA Financial Service Center (FSC) has partnered with third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

Vendor e-Invoice Set-Up Information:

Please contact the phone numbers or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

Tungsten e-Invoice set-up information: 877-489-6135

Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 877-353-9791 FSC e-Invoice email: vafsccshd@va.gov More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

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

AMENDMENT NO DATE

B.2 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. SECURITY INCIDENT INVESTIGATION

a. 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.

b. 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.

c. 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.

d. 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.

5. LIQUIDATED DAMAGES FOR DATA BREACH

a. 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.

b. 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.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected.

(4) Names of individuals or groups affected or potentially affected.

(5) 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;

(6) Amount of time the data has been out of VA control.

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

(8) Known misuses of data containing sensitive personal information, if any.

(9) Assessment of the potential harm to the affected individuals.

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) 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.

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:

(1) Notification.

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis.

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

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

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

8. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day's notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

6. TRAINING

a. 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:

(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;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) 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.]

b. 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.

c. 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 such time as the training and documents are complete.

(End of Clause)

B.3 STATEMENT OF WORK

Board Certified or Board Eligible Medical Radiation Safety Officer Fargo VA Healthcare System

BACKGROUND.

The contractor shall provide a board Certified or board eligible Medical or Health Physicist to provide routine daily virtual, quarterly onsite coverage and on-site emergency coverage Radiation Safety Officer (RSO) services for the Fargo VA Health Care System (FVHCS), 365 days a year, 24-hour coverage, and mileage, per diem and travel expenses should be included in all services solicitation. The FVHCS includes Fargo Medical Center and Community-Based Outpatient Clinics (CBOC) in Minnesota, and North Dakota which have imaging services.

Radiation Materials Licensing experience is a requirement. The Contractor shall furnish personnel to provide Radiation Safety Officer Duties to fulfill the Radiation Materials Licensing requirement as specified by the National Health Physics Program (NHPP). The contractor’s personnel serve as the RSO for the organization and for the comprehensive Radiation Safety Program for the Fargo VA Health Care System in Fargo ND. The FVAHCS makes extensive use of ionizing radiation and radioisotope material in the diagnosis and treatment of disease in the veteran population.

The FVAHCS makes extensive use of ionizing radiation and radioisotope material in the diagnosis and treatment of disease in the veteran population.

The Contractor shall comply with radiation protection standards in 29 CFR 1910.1096 and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO). Please See attached Directive 1105 .04

OBJECTIVES.

The FVHCS is seeking a solution to provide Radiation Safety Officer to fulfill the Radiation Materials Licensing requirement as specified by the National Health Physics Program (NHPP).

The contractor’s personnel serve as the RSO for the organization and is a major component for the comprehensive Radiation Safety Program for the Fargo VA Health Care System.

RSO must perform routine work : radiation safety surveys within FVAHCS facilities for the safe and effective use of these modalities are established by the Nuclear Regulatory Commission (NRC) (e.g., 10 CFR 19, 20, 30, and 35, among others), Occupational Health and Safety Administration (OSHA), Food and Drug Administration (FDA), Environmental Protection Agency (EPA), Department of Transportation (DOT), Veterans Health Administration (VHA), Joint Commission, and Officer Inspector General. The RSO must provide oversite to the Radiation Physics program and Nuclear Medicine Department. The RSO provides emergency consultation in response to a facility Emergency Disaster or Radiologic Emergency event.

The RSO helps manage U.S. Nuclear Regulatory (NRC)/VHA Materials Permit as amended for receipt, location, possession, use, storage, and transfer of radioactive material. Preparing Permit applications, amendments, correspondence, and timely responses for signature to NRC and VHA-NHPP as needed, in accordance with all regulations.

The RSO helps facilitate dosimetry program for a National Voluntary Laboratory Accreditation Program (NVLAP) certified vendor for occupational exposure to ionizing radiation including monthly additions, collection, evaluation, reporting, distribution, and deletion of personal monitoring devices. The RSO is involved with the oversight of the personnel monitoring program and eliminating/reducing or controlling exposure to radiation hazards.

The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide RSO medical physics services for the Veterans Health Administration (VHA), under the terms and conditions stated herein and must adhere to VHA Handbook 1105.04, Fluoroscopy Safety, dated June 21,2018, 1105.02, 1105 or current version.

The Contractor shall comply with radiation protection standards in 29 CFR 1910.1096 and immediately report any unsafe conditions with the potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO). Please See attached Directive 1105 .04

QUALIFIED PERSONNEL: All Radiation Physicists performing RSO services under this contract shall work under a board certified Medical/Health Physicist from one of the following boards: American Board of Radiology, American Board of Health Physicists or American Board of Medical Physicists or Canadian College of Physicist in Medicine. Candidate can either be master’s Level or PhD. The Contractor must meet state licensure to practice as medical health physicist, and or Radiation Safety Officer and have membership (or eligibility for membership) to the American Association of Physicists in Medicine (AAPM). The Proposed Physicist must have minimum qualification requirements in Title 10, Part 35.50, of the Code of Federal Regulations (10 CFR 35) and must have at least 5 years of RSO experience and working with radiation materials The RSO must also be approved by a permit amendment from the VHA National Health Physics Program (NHPP). Board-eligibility must be maintained throughout the contract period of performance. All continuing education courses required for maintaining certification/eligibility must be current. Documentation verifying current licensure and certifications must be provided quarterly, or as requested, to ensure adequate licensure and certification status.

Personnel must also have experience in Hospital Medical Physics and be familiar, experience with state regulations (North Dakota, Minnesota), and VA regulations. The personnel will be identified in the proposal and shall be considered key personnel as essential for the successful completion of the work performed. Any changes to the assignment of personnel must be communicated to the Contracting Officer Representative (COR) and Imaging Supervisor at least 5 days before new personnel will visit the FVHCS. Proposed Physicist must be approved by the National Health Physics Program (NHPP) program to function as a Radiation Safety Officer (RSO) on the FVHCS Radiation Materials License.

The Contractor shall provide personnel qualified and licensed as a Radiation Safety Officer and Associate Radiation Safety Officer if warranted and approved by the NHPP. Qualifications for all responsible personnel shall meet the requirements of under 10 CFR 30.33(a)(3), 10 CFR 35.2, 10 CFR 35.13, 10 CFR 35.14, 10 CFR 35.24, 10 CFR 35.50, 10 CFR 35.57, and 10 CFR 35.59.

The Contractor shall provide personnel who is fully recognized and approved by the United States Nuclear Regulatory Commission (U.S. NRC).

Following contract award, the contractor shall be required to initiate measures for assigned personnel to be added to Fargo VA Materials Permit as Radiation Safety Officer within thirty calendar days. Contractor assigned RSO(s) shall conduct training of VA staff assigned with assisting Radiation Safety measures as required.

Technical Proficiency - Contractor’s physicist(s) shall be technically proficient in medical health physics, and Radiation Safety Officer. Personnel must also have Radiation safety officer experience in Hospital Medical Physics and be familiar with North Dakota, Minnesota, and VA regulations. The personnel will be identified in the proposal and shall be considered key personnel as essential for the successful completion of the work performed. Any changes to the assignment of personnel must be communicated to the Contracting Officer’s Representative (COR) and Imaging Supervisor at least 20 days before new personnel will visit the FVAHCS.

Completion of training in Regulatory and Safety compliance in Nuclear Medicine.

LAWS, PERMITS AND LICENSES: Services performed as part of this PWS, and contract must be in accordance with all applicable laws, ordinances, regulations, and service requirements as enforced by Federal, state, local and industry. The Contractor shall be following US NRC, to include obtaining and maintaining all required licenses and permits required by Federal, state, local and industry laws. Contractor is required to coordinate and support Fargo VAMC Director in maintaining a current RSO Permit, as approved by NHPP, for the Fargo VA Medical Center.

Standard Personnel Testing (PPD, etc.): Contractor shall provide proof of the following tests within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer. Tests shall be current within the past year.

TUBERCULOSIS TESTING: Contractor shall provide proof of a negative Tuberculosis Skin Test (TST) or interferon-gamma release assays (IGRA) for all Contractor’s physicist (s) {This is applicable to all health care workers}. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive TST or IGRA results. The TST or IGRA testing shall be repeated annually.

INFLUENZA: Contractors shall provide proof that all Contractor physicists have received the annual Influenza vaccine unless it is contraindicated. If the Contractor physicist has a medical contraindication to the vaccine, they shall be required to wear a mask during the Influenza season. {This is applicable to all health care workers.

MEASLES, MUMPS, & RUBELLA TESTING: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers.

VARICELLA: Contractors shall provide proof of immunity for all Contractor physicians {This is applicable to all health care workers.

ACELLULAR PERTUSSIS: Contractors shall provide proof of 1 dose of Tdap vaccination for all Contractor physicians {This is applicable to all health care workers}.

OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE

PATHOGENS: Contractor shall provide evidence of completing and passing generic self-study blood-borne pathogen training for all Contractor’s physician (s) {This is applicable to all health care workers}; provide their own Hepatitis B vaccination series and hepatitis B surface antigen test results following the hepatitis B vaccination series; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.

The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate. Contractor shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel (as published in American Journal for Infection Control- AJIC 1998;

26:289-354 http://www.cdc.gov/hicpac/pdf/InfectControl98.pdf) for disease control. Contractors shall provide follow up documentation of clearance to return to the workplace prior to their return.

Conflict of Interest: The Contractor and all Contractor’s physicist(s) are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided.

The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it’s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document.

Citizenship related Requirements:

The Contractor certifies that the Contractor shall comply with all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract, or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, because of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

Clinical/Professional Performance: The qualifications of Contractor personnel are subject to review by VA Medical Center COS or his/her clinical designee and approval by the Medical Center Director as provided in VHA Handbook 1105. Clinical/Professional performance monitoring and review of all clinical personnel covered by this contract will be provided by the Imaging Supervisor, Imaging ACOS or his designee. A clinical COR may be appointed, however, only the CO is authorized to consider any contract modification request and/or make changes to the contract during the administration of the resultant contract.

Non- Personal Healthcare Services: The parties agree that the Contractor and all Contractor’s physicist(s) shall not be considered VA employees for any purpose.

Indemnification: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees.

Inherent Government Functions: Contractor and Contractor’s physicist shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

No Employee status: The Contractor shall be responsible for protecting furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

Workers’ compensation

Professional liability insurance

Health examinations

Income tax withholding

Social security payments

Tort Liability: Any settlement or judgment arising from a Contractor’s action or non-action shall be the responsibility of the Contractor and/or insurance carrier.

Key Personnel:

The VA Full Time Equivalency (FTE) for the services required is 1.0 FTE. FTE is defined by VA as a minimum of 40 hours every two weeks and does not include holidays.

The minimum number of Board-Certified physicists required to provide coverage daily is 1 as defined in paragraph Hours of Operation in this section.

The Contractor shall be responsible for providing coverage to the VA during periods of vacancies of the Contractor’s personnel due to sick leave, personal leave, vacations, and additional coverage as required. In the event a scheduled physicist is unable to complete an assigned shift, the contractor shall provide replacement physicist coverage within 2 hours and notify the Contracting Office Representative (COR) at the Fargo VA Health Care System immediately of the schedule change.

Personnel Substitutions: During the first ninety (90) calendar 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 CO, in writing, within 15 calendar day (s) after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions.

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 CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

For temporary substitutions where the key person shall not be reporting to work for three 3 consecutive workdays or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction, or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA Imaging COS, supervisor or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor’s physicist (s), s/he may request, without cause, immediate replacement of said Contractor’s physicist (s). The CO and COR shall deal with issues raised concerning Contractor’s physicist (s) conduct. The final arbiter on questions of acceptability is the CO.

Contingency Plan: Because continuity of care and requirements of radioisotope licensure requirements as described in VHA Directive 1105 and 1129, it is an essential part of FVAHCS medical services, the Contractor shall have a contingency plan in place to be utilized if the Contractor’s physicist (s) leaves Contractor’s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

Change of times or dates of survey visits must be coordinated with the Imaging department at least two weeks in advance.

Provide written report of completed audits/surveys to Imaging Supervisor or designee within thirty (30) working days of performance of the survey.

POLICY/HANDBOOKS. The Contractor shall furnish all labor, material, supplies, equipment, and qualified personnel to provide Radiation Safety Officer services for FVAHCS, under the terms and conditions stated herein and must adhere to following directives/regulations/requirements by regulatory and accreditation bodies:

VHA Directive 1105 - Management of Radioactive Materials https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3080

VHA Directive 1105.02 Nuclear Medicine and Radiation Safety Administrative Service https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7519

VHA Handbook Directive 1105.04 - Fluoroscopy Safety https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7454

VHA Directive 1105.05 - Magnetic Resonance (MR) Safety https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6430

VHA Directive 1129 – Radiation Protection for Machine Sources of Ionizing Radiation https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8273

VHA Directive 1663: Health Care Resources Contracting - Buying https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2

VHA Handbook 1907.01: Health Information Management and Health Records:

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3080 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7519 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=7454 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=6430 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8273 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=969&FType=2 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3088

Privacy Act of 1974 (5 U.S.C. 552a) as amended http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm

VHA Directive 1004.08 Disclosure of Adverse Events to Patients and local Emergency, Radiation Disaster policies.

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8120

10 CFR 35. 3045 Report and Notification of a medical of a medical event https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-3045.html

10 CFR 35.24 NRC Authority and responsibilities for the radiation protection program https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-0024.html

VHA Directive 0320 VHA Comprehensive Medical Emergency Radiological Response Team Program https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8906

VHA Directive 0320.05, Medical Emergency Radiological Response Team https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8425

10 CFR 30.6 Communications NRC: https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0006.html

American College of Radiology Disaster preparedness for Radiology Professionals https://www.acr.org/-/media/ACR/Files/Legal-and-Business-Practices/Disaster- Preparedness/Disaster-Preparedness-for-Radiology-Professionals.pdf

U. S. Department of Health and Human Services: https://www.remm.nlm.gov/

10 CFR 30.50 Reporting Requirements NRC. https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html

10 CFR 30.50 Reporting Requirements NRC. https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html

DEFINITIONS/ACRONYMS. Terms used in this contract shall be interpreted as follows unless the context expressly requires a different construction and/or interpretation. In case of a conflict in language between the Definitions and other sections of this contract, the language in this section shall govern.

Contracting Officer (CO) – The person executing this contract on behalf of the Government with the authority to enter and administer contracts and make related determinations and findings.

Contracting Officer’s Representative (COR) – A person appointed by the CO to take necessary action to ensure the Contractor performs in accordance with and adheres to the specifications contained in the contract and to protect the interest of the Government. The COR shall report to the CO promptly any indication of non-compliance in order that appropriate action can be taken.

http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8120 https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-3045.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part035/part035-0024.html https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8906 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8425 https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0006.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0006.html https://www.acr.org/-/media/ACR/Files/Legal-and-Business-Practices/Disaster-Preparedness/Disaster-Preparedness-for-Radiology-Professionals.pdf https://www.acr.org/-/media/ACR/Files/Legal-and-Business-Practices/Disaster-Preparedness/Disaster-Preparedness-for-Radiology-Professionals.pdf https://www.remm.nlm.gov/ https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html https://www.nrc.gov/reading-rm/doc-collections/cfr/part030/part030-0050.html

Veterans’ Health…