RFQ 36C26324Q0098 Mobile MRI Trailer St Cloud VA.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

36C26324Q0098 10-26-2023

Joseph Bennett 319-688-3633 11-07-2023

10:00 PM CST

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

X 100

X

621512

$19 Million

N/A

X

36C656

St. Cloud VA Health Care System

4801 Veterans Drive

St. Cloud MN 56303

36C263

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

877-489-6135 512-460-5540

See CONTINUATION Page

Request for Quote (RFQ), Brand-Name Only, Mobile MRI Trailer

Lease for the St. Cloud VA Medical Center.

Period of Performance:

Base Year: 12/01/2023 - 11/30/2023

Option Period 1: 12/01/2024 - 01/31/2025

See Statement of Work Below.

See 52.212-1 Instructions to Offerors.

See 52.212-2 Evaluation

See CONTINUATION Page

656-3640160-043-822200-2560-010022200

X X

Curt LaRose

VHA-RPOC-2021-17

36C26324Q0098

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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) ...32

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 VA INFORMATION AND SYSTEM SECURITY AND PRIVACY

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer

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: Upon Receipt and Acceptance

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.

The VA Financial Service Center(FSC) uses a 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.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

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:

o Tungsten e-Invoice set-up information: 877-489-6135 o Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com o FSC e-Invoice Contact Information: 877-353-9791 o FSC e-Invoice email: vafsccshd@va.gov o 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 STATEMENT OF WORK

TITLE: BRAND-NAME ONLY, Lease of a Mobile Magnetic Resonance Imaging (MRI) Trailer

OVERVIEW: Contractor shall provide the design, construction, delivery, installation, completion of all utility connections, training and removal of a mobile MRI trailer.

St. Cloud VA will provide personnel to operate the Mobile MRI and schedule appointments.

LOCATION: St. Cloud VA Health Care System (STCVAHCS), 4801 Veterans Drive St. Cloud, MN 56303.

DELIVERY: FOB Destination

HOURS OF WORK: Services shall be performed during regular business hours, from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.

A list of federal holidays is available at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2023.

Any service performed outside of regular working hours shall be approved in advance https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2023 https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=2023 by the VA POC.

PERIOD OF PERFORMANCE:

The contractor shall provide a pricing schedule to include leasing options and leasing agreements. The period of performance will be 12 months with (6) two-month options.

The estimated/target start date is December 1, 2023, but dependent upon the activation of Construction at the facility.

Lease payments will not begin until VA can utilize the mobile MRI trailer.

Period of Performance:

Year Period Begins Period Ends

Base 12/01/2023 11/30/2024

Option Period 1 12/01/2024 01/31/2025

VA POINT OF CONTACT (POC):

Cory Eggert, 320-255-6346 Ext. 6185

Natalie Herzog, 320-252-1670 Ext. 5131

SCOPE OR WORK:

The site was previously prepared for the installation of a mobile trailer: concrete drive, covered walk-way and utilities including water, electricity, phone, and data are in place and prepared for final connections by this contract.

It is highly recommended that the contractor attends the in-person site visit to review the site to ensure that all utilities and structural items will be suitable for use for a mobile MRI trailer, but attending the site visit is not required to submit an offer.

Any alterations to the site including utilities and structural support will be the responsibility of this contract.

The design, layout, orientation, and approximate size shall be submitted to and approved by the St. Cloud VA Medical Center before delivery of mobile MRI.

It is the responsibility of the contractor to provide installation, equipment, hook-up, including venting (if needed), complete all connections of the utilities and structural supports to align with the functionality of the mobile MRI trailer.

Contractor to provide Physicist inspection of MRI equipment. MRI equipment must be inspected and passed after installation of mobile MRI unit. Inspection must be completed according to VHA guidelines during the lease period including all option periods. Any corrective action necessary due to the inspection will be completed and cost incurred by Contractor. Any repair that impacts magnetic resonance producing equipment requires Physicist inspection. Copies of the physicist inspection are to be provided to HTM.

All service, maintenance, and preventative maintenance of the equipment to meet the Joint Commission criteria and service report provided to HTM.

Contractor is responsible for all service, maintenance, and preventative maintenance of the trailer and trailer components.

Contractor to provide magnetic shielding information for the trailer confirming that the magnetic shielding in the trailer is adequate for diagnostic quality imaging.

The entire offering of an MRI Mobile Trailer service shall meet all local, state, federal, industry, Joint Commission NEC, NFPA, VA, OSHA, and other regulatory standards internal or external applicable to the STCVAHCS.

The MRI trailer shall provide the space enough for conducting CPR and code, if needed.

The Mobile Trailer shall also have an intercom system between the control room and scanning room, and CD-R burning capabilities as a backup to network transfer of data, the patient data is the property of the STCVAHCS.

The Mobile MRI Trailer shall maintain a temperature to assure proper operation of the scanner without frequent calibration and provide for patient comfort.

Mobile MRI Specifications: -Contractor to provide documentation with quote that demonstrates their submission includes these requirements:

• Brand-Name Only:

• Mobile MRI general configuration that is common to Siemens, Mobile

MRI trailer. Siemens Magnetom Aera 1.5 T with updated software release level

• Full compatibility with hospital PACS system DICOM 3.0

• Patient intercom system between control room and scanning room

• Safety and Warning Systems Visual and Audible

• Alarms Smoke Detectors, Fire Extinguishers

• Emergency Lighting Battery backup

• Lighted sign indicating “Magnet is always on”

• Data ports – minimum of three (3) CAT 6A

• 480v and approximately 50’ power cable

• Hydraulic patient lift, stairs, and railings

• MRI compatible patient cart

• Patient Dressing area on mobile trailer

• On Board Generator to power HVAC in the event of shore power interruption HVAC system to maintain trailer environmental systems

• Operators and Technical support Manuals

MRI Scanner System:

Contractor shall furnish, Brand-Name Only, Siemens 1.5 T Magnetom Aera

Scanner.

Contractor equipment shall include minimum of 8 & 16 channel imaging capabilities, not less than Quantum Gradient package (33MT/100 slew rate) Contractor to submit documentation with quote demonstrating how quote meets these the technical requirements as stated herein:

Operator Console:

• Exam Cards, Smart Exam

• MR Workstation with viewing, processing and filming

• DICOM Workflow, Send/ Receive, Query, Print, Media, IHE Integration profiles

• Magnetom Aera 1.5T magnet- fully updated software

• 1.57m (5.15 ft) in length

• Patient bore diameter is 70 cm (27.5 inch)

• Comfortable patient support- patients weighing up to 250 kg (550 lbs.) to be comfortably positioned

• Friendly patient environment

• Magnetom Aera ScanTools

• Pulsar Gradient System

• 45mTm peak on axis 80

• mT/m/ms slew rate

• Scalable 32 RF

• 18KW power amplifier

• Windows 10 Host Computer or highest level for scanner

• 2.8 GHz Dual Intel Xeon processors

• 3 GB internal memory

• 36 GB system disk

• 36 GB data storage disk (for approx. 250,000 256256 images)

• MOD Image Storage Device

• Rapid View Reconstructor

• Scan tools R1

• Scan Tools Clinical

• Spin Echo

• Fast Field Echo

• Turbo Field Echo

• Turbo Spin Echo

• Echo Planar Imaging

• Time of Flight

• Contrast Enhanced

• Phase Contrast

• Quantitative flow

• CLEAR

• Cardiac gated breath-hold

• Single-slice multi-phase

• 3D k-space shutter

• Dixon

• Query/Retrieve

• Import/Export Store Images

• Secondary Capture

• Grayscale Softcopy Presentation State

• Storage Commitment

• Grayscale Print

• DICOM Media Interchange

• DICOM Conformance Statement

• DICOM standard

• Applications Suites to include (Neuro, Angio, Body, Oncology, and Ortho), DICOM compatibility, i.e.: Work list and Storage.

• The Contractor’s mobile scanner system must be able to connect to the VA Commercial PACS system for images and VISTA Imaging Network.

• Patient lists must be compatible with DICOM 3 imaging standards.

• Rapid View reconstructor SofTone gradient acoustic noise reduction *Scan Tools clinical application software Body

• Minimum coils supplied by contractor shall include: 16 channel Head Matrix, Neurovascular coil, Torso coil, Spine coil, Small Flex, Large Flex & interface, 8 channel Foot/Ankle, 16 channel Shoulder coils for large and small patients, Phased Array Wrist, 16 channel Knee coils.

Complete listing of coils needed:

• Spine Coil 1.5T

• Body Coil 1.5T

• Head coil 1.5T

• Performance Package COILS:

• Torso coil, & interface, 16 channel Knee coils

• 16 Channel neurovascular coil

• Quadrature Body Coil

• Quadrature Head Coil:

• 16 Channel Wrist coil

• 16 channel Shoulder coils for large and small patients,

• 16 channel Foot/Ankle

• 16 channel Head Matrix

• Flex Small-

• Flex Medium-

• Flex Large-

• Quadrature Knee Coil: -16 channel coil

• Neuoro-vascular coil 16 channel

• Coil: Body Coil: 16 channel coils

• Spine Coil:

• Parallel imaging technology, Advanced Methods:

• Balanced FFE:

• DRIVE: CENTRA: ProSet: SPAIR: Black Blood:

• Scan Tools Clinical Application Packages

• NeuroPlus: Body Plus: Ortho Plus: Angio Plus: Onco Plus

• Body Performance:

• Keyhole Imaging

• Dixon

• Bolus Tracking

Scan Planning and Setup

• Exam Cards complete clinical studies that are selectable at a single touch.

For example, users can select angio study, and an entire exam – including planning, Bolus Trak and scan protocols is ready to be executed.

• Flex Plan: an automatic planning method based on flexibility to choose three anatomical landmarks.

• The system automatically defines and displays the scan plane through these landmarks, making it an excellent planning method for irregular shaped anatomies e.g. MRCP.

• Time Save: increases patient throughput by automatic reduction and skipping of preparation phases.

• Auto Survey accelerates the setup procedure.

• Repeat Scan enables copying of all examination parameters from any previous scan to a new acquisition

Imaging Techniques:

• Spin Echo (SE) single echo and asymmetric multiple echoes

• Fast Field Echo: T1 and T2 weighting including steady state and spoiling techniques.

• Turbo Field Echo (TFE), acquisition methods including user-controlled pre- pulses for enhanced contrast manipulation and flip angle sweep for increased SNR.

• Turbo Spin Echo (TSE): Turbo factors up to 32 with T1, PD and T2 contrast with single and dual echoes, Includes DRIVE for improved scan times. Single Shot ((SS) TSE provides turbo factors up to 256 for imaging with long echo times and high T2 contrast.

• Echo Planar Imaging (EPI) both Multi-Shot (MS) and Single Shot (SS) EPI readout methods are available for FFE and SE imaging.

• Inversion Recovery (IR) application of single and dual RF inversion pulses with control of Inversion times for flexible contrast control and tissue nulling.

• Time of Flight (ToF) ToF or Inflow uses optimized short echo time FFE and TFE imaging techniques

• Contrast Enhanced (CE) utilizes ultra-short TE, TR, FFE and TFE techniques.

Optimization for 3D

• Phase Contrast (PC)

• Quantitative flow

• Contrast Level AppeaRance Cardiac gated breath-hold

• TFE Pre-pulses:

• Pre-saturation

• Magnetization Transfer Contrast (MTC)

• Fast Saturation

Scan Tools:

• Patient Study Query/Retrieve (SCU)

• Study Root Query/ Retrieve (SCU)

• MR Image Storage (SCU & SCP) Import/Export

• Secondary Capture Storage (SCU & SCP) Import/Export

• Greyscale Softcopy Print Management (SCU)

Accessory Equipment:

Contractor shall provide: a pulse oximeter

• Approved ACR QC phantom,

• Physiological synchronization for Peripheral pulse Respiratory triggering VCG

• Integrated 2-way patient –operator communication, with call button

• Positioning wedges, pads, sandbags, headrest and knee support

• MedRad Power Injector- Spectris Solaris -Programmable Power injector with pressure monitor, having the following capabilities: scan delay, Multiphase option, protocol storing, and pause hold functionality.

Telecommunications:

The mobile scanner system shall be equipped with an outlet connection capable of transmitting data and voice through a Government provided category six (6A) cable.

The Government will provide the connection required for the transmission of images, data and voice.

The Contractor’s mobile scanner system must be able to connect to the commercial

PACS system and VISTA Imaging Network and to transmit all images to both systems and be compatible with DICOM imaging standards.

CONTRACTOR FURNISHED EQUIPMENT:

All equipment to be used during the performance of the contract must be FDA approved imaging equipment; proof of this is a deliverable item at the time of the solicitation response and at award.

Contractor will be required to make whatever adaptations are necessary to include shimming the magnet, IT systems/ phones, etc. so that the Contractor’s equipment is compatible with the VA.

Contractor shall be responsible to maintain all equipment in good working order at all times and shall reimburse the VA for loss time resulting from defective workmanship or equipment failure.

GOVERNMENT FURNISHED UTILITIES/SERVICES:

The Government will provide the following utilities/services to the Contractor if required for the operation of the mobile MRI unit. The contractor is responsible for all final connections and terminations.

1. Water

2. Electricity*

3. Telephone Line(s) **

4. Data Port

5. Housekeeping ***

*In accordance with the Original Equipment Manufacturers’ (OEM) electrical specifications.

** Cabling for three (3) voice and four (4) data connections to mobile MRI trailer with weatherproof RJ-45 connectors.

Use of telephone extension while mobile unit is on site to permit personnel of the unit to make and receive telephone calls and to facilitate the movement of patients to and from the unit.

Telephone calls placed and received by personnel on the extension shall be restricted to the appropriate free dialing areas and long distance without charge to the STCVAHCS.

*** VA shall be held responsible for areas within the hospital facility prior to entrance of the Mobile Trailer. STCVAHCS MRI Staff shall be responsible for all housekeeping duties.

TRAINING:

Contractor shall provide Manufacturer applications training for three (3) VA Staff for a minimum of 40 hours on the MRI unit, in-service on use, maintenance, and service (repair) of all Contractor furnished equipment (including a mobile trailer/unit) necessary to perform mobile Magnetic Resonance Imaging Services (MRI) at the St Cloud VA Health Care System.

Instructional in service on operation of the trailer and any training must occur upon start up.

SUPORT AND MAINTENANCE:

Full System Service (Monday – Friday 7:30 a.m. to 4:30 p.m. local time excluding Federal Holidays) 24 Hour telephone technical support toll free line, response

The contractor shall include all maintenance of the mobile MRI trailer including but not limited to battery and filter changes, utility repairs, trailer repairs and general maintenance of the MRI.

Contractor shall provide service manuals and preventive maintenance schedule.

The contractor shall be able to respond to all warranty and service request within 2 hours of the initial request/notification. On-site within 24 hours.

HEALTH AND HUMAN SERVICES – OFFICE OF INSPECTOR GENERAL

(HHS/OIG):

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract.

http://www.hhs.gov/oig)

The listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

During the performance of this contract the contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

Any healthcare provider or entity that employ or enter into contracts with excluded individuals or entities may have a Civil Monetary Penalty (CMP) imposed against them. By signing this offer, the Contractor certifies that all persons or entities listed in the contractor’s proposal have been compared against the OIG list and are NOT listed as of the date the offer was signed.

JOINT COMMISSION STANDARDS:

Although Joint Commission accreditation is not required, the contractor shall perform the required work in compliance with Joint Commission Standards. A copy of these standards may be obtained from Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181.

The Contractor will be responsible to ensure the subcontractors providing work on this contract are fully trained and completely competent to perform the required work.

The contractor is required to develop and maintain the following documents for each subcontractor employee working on the contract: credentials and qualifications for the job; a current competence assessment checklist (an assessment of knowledge, skills, abilities and behaviors to perform a job correctly and skillfully; includes knowledge and skills required to provide care for certain patient populations, as appropriate); a current performance evaluation supporting ability of the contractor employee to successfully perform the work required in this solicitation and the listing of relevant continuing education for the last two years.

The contractor will provide current copies of these records at the time of contract award and annually on the anniversary date of contract award to the VA POC, or upon request, for each contractor or subcontractor employee working on the contract.

HIPAA COMPLIANCE

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).

As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA).

Contractor is conducting health care, Mobile MRI services, on VA’s behalf - therefore, no BAA is required.

SPECIAL CONTRACT REQUIREMENTS

The services specified herein may be changed by written modification to this contract.

Only the Contracting Officer is authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract.

In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized, and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

The Government may evaluate the quality of professional and administrative services provided, but retains no control over the medical, professional aspects of services rendered.

Contractor is required to maintain medical liability insurance for the duration of this contract. Medical Liability insurance must cover the provider(s) for services in all states where services are rendered by the provider. Contractor must indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

Contractor shall provide the required services listed herein throughout the contract period. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

MOBILE MRI REMOVAL AND END OF LEASE:

Contractor shall be responsible for removal of the Mobile MRI trailer at the end of the lease.

The contractor shall remove all supporting utilities back to their origin including all electrical items to the existing pad mounted electrical cabinets, remove plumbing to origin, remove waste line to origin and remove data lines to their origin.

All storage media including hard drive(s) will need to be removed and handed to Healthcare Technology Management (HTM) staff for disposal per VA policy after the services are no longer needed per VHA regulations.

CONTRACT PERFORMANCE MONITORING

Departments being served will monitor Contractor performance to ensure that services called for in the contract have been received by VA in a timely manner. Any incidents of Contractor noncompliance as evidenced by the monitoring procedures will be forwarded immediately to the Contracting Officer.

Documentation of services performed will be reviewed prior to certifying payment. The VA POC will perform periodic spot checks and document with the using service to ensure records monitoring.

VA will pay only for services provided, and in strict accordance with the Price Schedule.

Contract monitoring and recordkeeping procedures will be enough to ensure proper payment and allow audit verification that services were provided.

Monthly invoices are generated in arrears. Invoices must be submitted through OB10.

Here are the instructions for OB10: http://www.tungsten- network.com/us/en/veterans-affairs/ . Only after verification are invoices certified for payment.

The using service, through the VA POC, will provide a written statement to the Contracting Officer to include a summary of Contractor actions and a statement that all requirements of the contract have been fulfilled as agreed.

This summary evaluation will be submitted 45 days prior to expiration of contract (and/or prior to election of option renewals, if applicable), unless both parties agree to a different time frame.

As issues arise with QA testing (ACR) American College of Radiology, the contractor would be responsible for any replacement or fixing of equipment needed to maintain routine operation.

CONTRACT SECURITY REQUIREMENTS:

GENERAL:

Contractors, 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.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

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

CONTRACTOR RESPONSIBILITIES

It is imperative for the contractor to provide, at the request of VA, a listing of contractor personnel performing services under the contract for review by VA personnel. The information will include name (first, middle, last) social security number; date of birth; city, state, and country of birth.

All Contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. A background investigation commensurate with the level of access needed to perform the Statement of Work will be performed. Contractor employees may be required to submit fingerprints. The Contractor and Contractor employees may be required to fill out forms requiring personal information and may be required to take a course or courses. All security requirements are applicable to all subcontractor personnel requiring the same access. The VA COR / VA POC will assist the contractor in these processes.

The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract, and at the request of the VA, submit another employee for consideration.

A contractor/subcontractor shall request logical (technical) or physical access to VA information regarding connectivity, i.e.: IP address, AE title and Port for Worklist and

Storage of MRI exams.

Automated record system. Contractor will utilize computers that are consistent with VA requirements and upgrade its computers if instructed to do so by VA in order to ensure compatibility with the VA system.

In performing this contract, contractor shall be considered a part of VA for purposes of 5

U.S.C. §552a, 38 U.S.C. §§5701 and 7332. Contractor's employees and agents may have access to patient medical records and general files to the extent necessary to perform this contract. Notwithstanding any other provision of this contract, contractor and/or its employees may not disclose information contained in general files and patient records and or other individually identified patient information, including information and records generated by the contractor in performance of this contract, except pursuant to explicit instructions from the VA. For the purposes of this paragraph, instruction to disclose may be provided by these officials only: Contracting Officer, Contracting Officer Technical Advisor, the Release of Information supervisor, or VA attorneys.

Access to data will be limited to the minimum necessary for performance of the contract. Contractor will take steps to ensure that access is limited to those employees who need access to the data to perform the contract. Contractor will not copy information contained in their system, either by printing to paper or by copying to another digital format, without the express permission of one of the officials listed in paragraph (b), above, except as is necessary to make single copies in the ordinary course of providing patient care. Contractor will not commingle the data from the system with information from other sources. Contractor shall report any unauthorized disclosure of VA information to the officials listed in paragraph (b). Certain information available from the database and other records created by the contractor under this Contract are medical quality assurance records protected by 38 U.S.C.

§5705; it’s implementing regulations at 38 U.S.C. §§17.500-511; and VHA Directive 98-016,4.b.(1)(d), 4.6(2)(c) and 4.6(4). These records may be disclosed only as authorized by 38 U.S.C. §5705 and the VA regulations. Disclosure of these records in violation of §5705 is a criminal offense under 38 U.S.C. §5705(e).

Contractor shall follow all VA policies regarding the retention of records. In the alternative, contractor may deliver the records to VA for retention.

Any changes in the law or regulations governing the information covered by this contract during the term of this contract shall be deemed to be incorporated into this contract. Contractor shall educate its employees and subcontractors, if any, of the requirements of this section and shall advise its employees and subcontractors, if any, of any changes as they occur. On contractor's request, VA will provide trainers who can educate contractor's employees and subcontractors, if any, of their obligations under this section.

Contractor shall make its internal policies and practices regarding the safeguarding of medical and/or electronic information available to federal agencies with enforcement authority over the maintenance of those records upon request.

VA INFORMATION CUSTODIAL LANGUAGE:

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).

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 follow VA directive requirements.

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor while 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.

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.

The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the contract 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.

If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be enough 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.

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.

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.

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.

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.

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.

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 VA POC.

SECURITY INCIDENT INVESTIGATION:

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 VA POC 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.

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.

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 must be sent to the local Privacy Officer at the St. Cloud Medical Center: Kari Harrum, kari.harrum@va.gov, the VA Contracting Officer on this contract and the VA POCs indicated elsewhere in this contract. All of these parties must be notified of any and all breaches.

In instances of theft or break-in or other criminal activity, the contractor/subcontractor mailto:kari.harrum@va.gov 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.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

Mobile MRI Trailer rental, contract 12 months

Contract Period: Base POP Begin: 12-01-2023 POP End: 11-30-2024 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

2.00 MO __________________ __________________

Option Period 1 - 2 (Two) Months of Rental: 12/01/2024 –

01/31/2025 Contract Period: Option 1 POP Begin: 12-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 621512 - Diagnostic Imaging Centers PRODUCT/SERVICE CODE: W065 - Lease or Rental of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

12.00

2.00

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as…