S02 36C25626Q0007 BILOXI FINAL.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

520-21-1-076-0003

36C25626Q0007 12-02-2025

TIFFANY LEE-FRANKLIN 501-274-6707 12-16-2025

4:00 PM CDT

36C256 Department of Veterans Affairs Network Contracting Office 16 (NCO16) 5075 Westheimer Road, Suite 750

Houston, TX 77056-5643

X 100

X

541990

$19.5 Million

N/A

36C520

Department of Veterans Affairs Gulf Coast Veterans Health Care System

400 Veterans Avenue Biloxi MS 39531

36C256

Department of Veterans Affairs Network Contracting Office 16 (NCO16) 5075 Westheimer Road, Suite 750

Houston, TX 77056

36C520

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice setup information: 1-877-489-6135 Invoice must be submitted electronically

1-877-489-6135

See CONTINUATION Page

Contractor shall provide Annual Compliance Testing of Diagnostic Radiological Equipment (Imaging Modalities) for Gulf Coast Veterans Health Care System in accordance with h The Statement of Work SOW).

The awarded contractor performance period will be February 1, 2026, through January 31, 2027, plus four (4), One (1) year ordering periods exercisable at the sole di i f h discretion of the Government.

Notice to Offerors: See section E.1 (Page 53) for instructions Forms altered to include contractors’ letterhead, logo, etc.

NOT be accepted.

This is a Service-Disabled Veteran Owned Small Business (SDVOSB) set aside. Offers must be SBA Small Business Search Certified at the time of quote submission AND contract award.

Wage Determination #: 2015-5147, Revision 27, dated July 7, 2025 applies to this solicitation.

See CONTINUATION Page

X 1(One)

Stephanie Keo

VA-VHA-RPOC-2023-0081

http://www.fsc.va.gov/fsc/einvoice.asp

36C25626Q0007

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF Work (SOW)

SECTION C - CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) ALTERNATE II (JAN 2025) (DEVIATION FEB

2025)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.9 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEA (APR 1984) 44

C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.11 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.12 52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014)

C.13 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.14 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.16 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.17 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.18 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.19 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.3 52.212-2 EVALUATION – COMMERICAL PRODUCTS AND COMMERICIAL

SERVICES (NOV 2021)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.11 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

E.12 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

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:

POC:____________________________________________________________________

ADDRESS:________________________________________________________________

PHONE_________________________________________

EMAIL:__________________________________________

SAM UEI NUMBER:________________________________

TAX ID:__________________________________________

b. GOVERNMENT:

Stephanie Keo, Contracting Officer (CO) Department of Veteran Affairs Network Contracting Office 16 (NCO16) 5075 Westheimer Road, Suite 750 Houston, TX 77056-5643 Email: Stephanie.Keo@va.gov

Tiffany Lee-Franklin, Contracting Specialist (CS) Department of Veteran Affairs Network Contracting Office 16 (NCO16) 5075 Westheimer Road, Suite 750 Houston, TX 77056-5643 Email: Tiffany.Lee-Franklin@va.gov

Jackson Holland, Contracting Officer Representative (COR) Department of Veteran Affairs Gulf Coast Veterans Health Care System (SLVHCS) 400 Veteran Drive Biloxi, MS 39531 Email: Jackson.Holland@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be mailed to the following address:

[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 [] mailto:Stephanie.Keo@va.gov mailto:Tiffany.Lee-Franklin@va.gov mailto:Jackson.Holland@va.gov

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS

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.

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

AMENDMENT NO DATE

(End of B.1)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR _____________ _______________

Medical Physicist and Radiation Safety Officer Services

Contract Period: Ordering Period 1 POP Begin: 02-01-2026 POP End: 01-31-2027 PRINCIPAL NAICS CODE: 541990- All Other Professional, Scientific and Technical Services PRODUCT/SERVICE CODE: J065- Maintenance, Repair, and Rebuilding of Equipment-Medical, Dental, and Veterinary

Ordering Period 1 Total: $ ________________

1.00 YR _____________ ________________

Contract Period: Ordering Period 2 POP Begin: 02-01-2027 POP End: 01-31-2028 PRINCIPAL NAICS CODE: 541990- All Other Professional, Scientific and Technical Services PRODUCT/SERVICE CODE: J065- Maintenance, Repair, and Rebuilding of Equipment- Medical, Dental, and Veterinary

Ordering Period 2 Total: $ ________________

1.00 YR ______________ ________________

Contract Period: Ordering Period 3 POP Begin: 02-01-2028 POP End: 01-31-2029 PRINCIPAL NAICS CODE: 541990- All Other Professional, Scientific and Technical Services PRODUCT/SERVICE CODE: J065- Maintenance, Repair, and Rebuilding of

Ordering Period 3 Total: $ ________________

Contract Period: Ordering Period 4 POP Begin: 02-01-2029 POP End: 01-31-2030 PRINCIPAL NAICS CODE: 541990- All Other Professional, Scientific and Technical Services PRODUCT/SERVICE CODE: J065- Maintenance, Repair, and Rebuilding of

Ordering Period 4 Total: $ ________________

Contract Period: Ordering Period 5 POP Begin: 02-01-2030 POP End: 01-31-2031 PRINCIPAL NAICS CODE: 541990- All Other Professional, Scientific and Technical Services PRODUCT/SERVICE CODE: J065- Maintenance, Repair, and Rebuilding of

Ordering Period 5 Total: $ ________________

ESTIMATED GRAND

TOTAL

Contractor is required to provide Medical Physicist and Radiation Safety Officer Services, in accordance with the terms and conditions stated herein and at the pricing stated below for the period of performance included below:

Contract Guaranteed Minimum and Contract Maximum

CONTRACT MIN: $1,000.00

CONTRACT MAX: $2,000,000.00

The fixed-price indefinite-delivery indefinite-quantity (IDIQ) contract will have a one (1) year period of performance with four (4), one (1) year ordering periods. All quantities are estimated. The total guaranteed minimum quantity of services that the Government will acquire under this indefinite delivery, indefinite quantity (IDIQ) contract is $1,000.00, which also represents a bona fide need of the current fiscal year. The guaranteed minimum award amount is for the entire contract duration. The ceiling amount for the entire contract effort is $2,000,000.00.

(End of Price/Cost Schedule)

B.3 STATEMENT OF Work (SOW) Gulf Coast Veterans Health Care System

1. OBJECTIVE: The Gulf Coast Veterans Health Care System requires the following services for the facility: Medical Physicist and Radiation Safety Officer Services.

2. GENERAL: The contractor shall provide all management, supervision, labor, transportation, tools, materials, parts, and other items necessary to perform work, execute services, and to successfully complete all deliverables as contained within this Statement of Work. The Government shall not exercise any supervision and/or control over contractor personnel (which includes contractor service providers, contractor representatives, and subcontractors employed with and/or being utilized by the prime contractor) during all active performance periods of the contract. All contractor personnel shall be accountable solely to the Contractor, who in turn is responsible to the Government.

3. BACKGROUND: Imaging Equipment is already utilized by the facility in support of facility operations for the delivery of veteran patient care. It is a Joint Commission requirement that the Imaging equipment (CTs, MRIs, Flouro Units) all have the radiation tested by a medical physicist to make sure the dosage amounts are safe and accurate. The facility also must have a Radiation Safety program, ran by a Radiation Safety officer with the proper qualifications. The Gulf Coast Veterans does not have either a medical physicist or a fully qualified radiation safety officer, so these services must be procured through the market. The Imaging Equipment on this statement of work allow the facility to allow the hospital to take the images required to diagnose and treat images.

4. SCOPE OF SERVICES: The services needed (to include required Deliverables) are described below.

The manufacturers of the devices needed services includes but is not limited to Philips, Canon, Siemens, and GE.

1. Contractor shall provide compliance testing of all imaging modalities in the GCVHCS to ensure each system meets State of Mississippi, American College of Radiology (ACR), American Association of Physicists in Medicine (AAPM) and Nuclear Regulatory Commission regulations.

The contractor must also ensure the facility follows the following regulations:

a. Title 10 of the Code of Federal Regulations (10 CFR) Part 35, “Medical Use of Byproduct Material”

b. VHA Directive 1129 – Radiation Protection for Machine Sources of Ionizing Radiation

c. VHA Directive 1105.04 – Fluoroscopy Safety

d. VHA Directive 1105.02 - Nuclear Medicine Service

e. VHA Directive 1105 – Management of Radioactive Materials

f. Title 21 of the Code of Federal Regulations (21 CFR) Part 1020, “Performance Standards for Ionizing Radiation Emitting Products”

g. The Joint Commission Standard Environment of Care (EC) 02.04.01 and 2.04.03 regarding Imaging Equipment.

2. For Radiation Safety Officer Services: Contractor shall be a currently certified physicist through the American Board of Radiology (ABR), or American Board of Medical Physics, or American Society of Nuclear Medicine, or American Board of Medical Physics (Medical Health Physics) and shall provide documentation of ABR certification to BIOMED.

a. Contract shall provide a Nuclear Regulatory Commission (NRC) form 313A for 35.100, 35.200, and 35.300 uses of Radioactive Material (RAM).

i. Alternatively, the contractor can provide documentation they are listed as an alternate RSO or primary RSO on NRC (or equivalent) license to provide radiation safety officer services.

b. Contractor can provide documentation that they RSO Eligible with the American Board of Radiology. Note, the ABR certification must say “RSO eligible” for this to be approved.

3. For Diagnostics Medical Physics Services: Contract must furnish a fully qualified Medical Physicist with certification through the American Board of Radiology.

4. Must provide evidence of vendor’s test equipment standards and traceability and final device performance testing that follows and complies with all manufacturer’s procedural requirements.

5. Must guarantee that safety inspections performed will comply with all applicable federal, state, and regulatory requirements, manufacturer standards, and meet FDA alerts and recall requirements.

6. Must provide Radiology Annual Compliance testing for the equipment listed in the table below.

a. For the CT/SPECT Devices, this includes the CT and Nuclear portions.

7. The vendor must provide Radiation Safety Officer (RSO) services in accordance with Radioactive Material (RAM) Permit Regulations.

a. Quarterly calibrations of Dose Calibrators, Well Counters, Uptake Units, and Survey meters. Vendor must facilitate and provide calibrations for survey meters located at the

GCVHCS.

b. Quarterly Sealed Source Inventories and Leak Tests

c. Quarterly Compliance Testing for Nuclear Medicine, including the below:

i. Posting Requirements

ii. Radionuclide Use and Possession

iii. Security of RAM

iv. Radiation Protection Program

v. Operating Procedures

vi. Performance and Documentation of Required Procedures

vii. Personnel Monitoring

viii. Staff Radiation Safety Training and Education

ix. General Health Physics

x. RAM waste disposal audits

d. Dose monitoring compliance services.

8. The vendor must obtain a VA PIV Card to have access to the Government systems.

9. The equipment to be covered under this contract is listed below. The specific items will be provided to vendor, however since equipment will be replaced over the life of this agreement, only categories are listed below:

Category Medical Device Nomenclature System Category

Quantity

Radiographic/Fluoroscopic Units: 11758, 16212, 16597, 16885 15

Radiographic Units: Mobile 13272 5

Radiographic Units: Digital 18430 5

Radiographic Units: Dental 13269 23

Scanning Systems: CT/SPECT (CT and Nuclear portions)

24013 4

Scanning Systems: CT 13469 4 Scanning Systems: MRI 16260 2

5. PLACE OF PERFORMANCE: Work will be performed, services will be executed, and deliverables will be completed at the following:

• Biloxi VA Medical Center, 400 Veterans Ave, Biloxi, MS 39531.

• Navy Hospital Pensacola, 6000 W US-98 Pensacola FL 32512.

• Joint Ambulatory Care Clinic, 790 Veterans Way, Pensacola, FL 32507

• Mobile VA Clinic, 4444 Demetropolis Road, Mobile, AL 36619

• Panama City VA Clinic

6. PERIOD OF PERFORMANCE: The expected period of performance for services executed under the final contract for this acquisition is the following:

Ordering Period 1: 02/01/2026 – 01/31/2027

Ordering Period 2: 02/01/2027 – 01/31/2028 Ordering Period 3: 02/01/2028 – 01/31/2029 Ordering Period 4: 02/01/2029 – 01/31/2030

Ordering Period 5: 02/01/2030 – 01/31/2031

Ordering periods may or may not be exercised based on the needs of (and at the discretion of) the

U.S. Government.

7. WORK HOURS AND SCHEDULE: All work, execution of services, and completion of deliverables must be accomplished during normal business hours, 8:00 a.m. through 4:30 p.m.

Monday through Friday, Federal Holidays excluded. Prior to work being performed proper coordination shall be initiated between the contractor and the government to ensure that services/work can be executed when scheduled. Any work, services, and/or other tasks performed during other than normal business hours must be approved in advance by the Contracting Officer Representative (COR), Contracting Officer, and/or other authorized facility designee/representative before such work begins.

The Federal Holidays that are currently being observed by the facility are listed in the table below.

New Year’s Day January 1 Martin Luther King‘s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth Independence Day June 19th Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

Other Federal Holidays (that could occur)

Any other day specifically declared to be a national holiday (per Federal Statute, Executive Order, or by the President’s Proclamation).

An alternative schedule (different from the schedule described above) may be utilized if there is mutual agreement between the government and the contractor regarding this alternative schedule if implemented.

8. PERSONNEL PERFORMING WORK/SERVICES - REQUIRED “CORE COMPETENCIES”:

Personnel performing work, executing services, and completing deliverables during the active performance periods of the contract shall possess the knowledge, skills, and abilities required to successfully execute the services described herein. No unqualified individual shall be allowed to perform work, execute services, and to complete deliverables at any time under the contract while active.

9. KEY PERSONNEL

During the active performance periods of the contract a Key Personnel Person shall be designated by the contractor (to be contacted by the government when needed) regarding performance of work, execution of services, and completion of Deliverables as contained within this Statement of Work and covered by the final contract. This Key Personnel person must have sufficient knowledge to be able to respond to technical questions by the government.

10. DELIVERABLES:

Required Deliverables

DELIVERABLE #1:

ROUTINE REPORTING, DOCUMENTATION, AND SERVICE LOG

Documentation shall be provided following execution of services, performance of work, and completion of deliverables during the active performance periods of the contract. A service log describing the efforts completed under the final contract shall be prepared, maintained, and provided to the government if/when requested.

DELIVERABLE #2:

CHECK IN AND CHECK OUT PROCEDURES

Before beginning any work at any time during the active performance periods of the contract personnel performing services must physically check in with the appropriate facility representative to obtain approval and confirmation of the expected work to be performed and services to be executed. Check out procedures will be the same once work has been completed and services have been executed. Check in and check out procedures shall include the following: 1). Written documentation of the contractor’s arrival and departure while on site and 2). Written documentation showing the expected work to be performed, approval of such work before such work begins, and confirmation/completion status of the planned work that was scheduled to be performed. Facility personnel and the contractor may modify such procedures if there is mutual agreement among both parties regarding changes to these procedures if implemented.

PERFORMANCE STANDARDS, QUALITY ASSURANCE (QA) AND QUALITY IMPROVEMENT (QI)

The Government may evaluate the quality of professional and administrative services provided in accordance with the standards (ACR standards and others) as outlined in this document, but retains no control over the medical, professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment), in accordance with Federal Acquisition Regulation (FAR) 37.401(b). The following measures represent the performance standards required to be met and will be included on the government’s Quality Assurance Surveillance Plan:

11. RECORDS MANAGEMENT

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

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.

chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be management and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be management in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. GVSM and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of GVSM VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to GVSM VAMC. The agency must report promptly to NARA in accordance with

36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. Contractor personnel shall sign VA Form 10-0708 “Employee Clearance from Indebtedness” before resigning or termination from Contractor working for GVSM VAMC Facility Records Officer must sign form. A copy of completed signed VA Form 10-0708 (Contractor personnel and Facility Records Officer signatures) shall be place in each competency folder. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to GVSM control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. TMS(Talent Management System) course VA 4192704 : “Records Management for Everyone”.

7. Flow-down of requirements to subcontractors

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

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

12. OTHER REQUIREMENTS:

12.1 Identification and Badges: Any individual performing work under this contract shall wear a badge or other identification while on site that is clearly displayed at all times. While on site, any person performing work directly or indirectly must be in a position to specify their authorized purpose for their presence at the facility in the event that such information is requested by VA facility personnel.

12.2 Parking: It is the responsibility of the contractor to park in the appropriate designated parking areas, to avoid ticketing or towing. Information on parking is available from the facility if requested by the contractor.

12.3 Contract Administration: The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the

Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that will affect price, quantity, or quality of performance of this contract. In the event the Contractor makes any such change at the direction of any person other than the

Contracting Officer, this change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. All changes to the contract will be issued via an amendment and/or modifications in writing from the Contracting Officer to the Contractor.

12.4 Invoicing and Payment: Contractor is authorized prompt payment IAW applicable regulation following the successful performance of work, execution of services, and completion of required deliverables. Contractor invoices shall be submitted IAW VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoices submitted for payment must be detailed to the extent necessary to reflect the work done and the services performed during the time periods when completed so an accurate assessment can be made by the facility for certification of these invoices for payment. Advance payments are not authorized, and contractor is not authorized payment for future work not performed and/or for work that has not been successfully completed.

13. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

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 VApersonnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontrator 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 the 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 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 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. VAinformation 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.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS

199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

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

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

(1) Vendor must accept the system without the drive;

(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

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

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

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

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

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

6. 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.