S02 36C25626Q0035 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

36C25626Q0035 10-22-2025

TIFFANY LEE-FRANKLIN 501-274-6707 10-31-2025

4:00 PM CDT

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

Houston TX 77056-5643

X

621399

$10 Million

N/A

36C629

Department of Veterans Affairs New Orleans VA Medical Center 2400 Canal Street

New Orleans LA 70119-6535

36C256

Department of Veterans Affairs Contracting Office 16 (NCO16) 5075 5 Westheimer Road, Suite 750

Houston TX 77056-5643

36C629

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

The Contractor shall provide Intraoperative Neuromonitoring Services to the New Orleans VA Medical Center in accordance with the Statement of Objective (SOO).

The awarded contract performance period is estimated to be December 1, 2025, through November 30, 2026, plus four (4), one (1) year ordering periods exercisable at the sole discretion of the Government.

NOTIFICATION TO OFFERORS: See Section E.1(page 42)for b i i instructions. Forms altered to include contractors letterhead, logo, etc. will NOT be accepted.

This is a full and open/unrestricted solicitation.

Wage Determination #2015-5189, Revision 31, dated July 8, 2025 Applies to this solicitation.

See CONTINUATION Page

X 1(One)

STEPHANIE KEO

VA-VHA-RPOC-2023-0081

36C25626Q0004

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 SPECIAL CONTRACT REQUIREMENTS

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 STATEMENT OF OBJECTIVES (SOO)……………………………………………..….10

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)…………. …34

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023)

C.7 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

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

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.13 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..32

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)……………………………………………………………………………………

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

Gerald Bailey, Contracting Officer Representative (COR) Department of Veteran Affairs Southeast Louisiana Veterans Health Care System (SLVHCS) 2400 Canal Street New Orleans, LA 70119-6535 Email: Gerald.Bailey2@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:Gerald.Bailey2@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

B.2 SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Southeast Louisiana Veterans Health Care System (SLVHCS), the services and prices specified in the Section entitled Schedule of Supplies/Services of this contract.

1. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.

b. 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.

c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

2. TERM OF CONTRACT:

This contract is effective one year from date of award plus four (4) one-year options that may be exercised by the VA. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer authorizes such services in writing.

3. QUALIFICATIONS:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia.

All licenses held by the personnel working on this contract shall be full and unrestricted licenses.

The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director.

4. WORK HOURS:

a. The services covered by this contract shall be furnished by the contractor as defined herein.

(1) Work hours:

• On-site and offsite personnel shall be available 24/7/365, which includes emergencies for requested surgical procedures.

• IONM services will be available for all federal holidays.

• The onsite IONM technologist must be within one hour of the medical center.

• The remote physician shall attend all surgical procedures.

• The IONM vendor shall have a 24-hour telephone call center.

• The IONM vendor shall have a scheduling program so that the medical center staff can schedule the patients.

• Contingency Plan: The IONM vendor shall provide a contingency plan for replacing staff that has been terminated or resigned and any staff that has been called out for sick leave or emergency leave.

(2) National Holidays: The 11 holidays observed by the Federal Government are:

• New Years Day

• Martin Luther King’s Birthday

• Presidents Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving

• Christmas AND

• any other day specifically declared by the President of the United States to be a national holiday.

5. PERSONNEL POLICY:

The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

- general liability

- workers compensation

- professional liability insurance

- health examinations

- income tax withholding, and

- social security payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

6. RECORD KEEPING:

Southeast Louisiana Veterans Health Care System (SLVHCS), shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s).

Contractor's employee(s) shall report to Administrative Officer, or designee upon arrival at the medical center.

7. CONTRACT PERFORMANCE MONITORING:

Monitoring of contractors time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work, shall be the VA official responsible for verifying contract compliance. After the contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall provide a contingency plan to address replacing staff that have terminated, resigned, and or any staff that has been called out for sick or emergency leave.

(End of B.2)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

66.00 CS _____________ _______________

Intraoperative Neuromonitoring Contract

Contract Period: Ordering Period 1 POP Begin: 12-01-2025 POP End: 11-30-2026 PRINCIPAL NAICS CODE: 621399 - Offices of All Other Miscellaneous Health Practitioners PRODUCT/SERVICE CODE: Q523 - Medical – Surgery

Ordering Period 1 Total: $ ________________

66.00 CS _____________ ________________

Contract Period: Ordering Period 2 POP Begin: 12-01-2026 POP End: 11-30-2027 PRINCIPAL NAICS CODE: 621399 - Offices of All Other Miscellaneous Health Practitioners

Ordering Period 2 Total: $ ________________

66.00 CS ______________ ________________

Contract Period: Ordering Period 3 POP Begin: 12-01-2027 POP End: 11-30-2028 PRINCIPAL NAICS CODE: 621399 - Offices of All Other Miscellaneous Health Practitioners PRODUCT/SERVICE CODE: Q523 - Medical - Surgery

Ordering Period 3 Total: $ ________________

Contract Period: Ordering Period 4 POP Begin: 12-01-2028 POP End: 11-30-2029 PRINCIPAL NAICS CODE: 621399 - Offices of All Other Miscellaneous Health Practitioners

Ordering Period 4 Total: $ ________________

Contract Period: Ordering Period 5 POP Begin: 12-01-2029 POP End: 11-30-2030 PRINCIPAL NAICS CODE: 621399 - Offices of All Other Miscellaneous Health Practitioners

Ordering Period 5 Total: $ ________________

ESTIMATED GRAND

TOTAL

Ordering Period Total 1: $_____________

Ordering Period Total 2: $_____________

Ordering Period Total 3: $_____________

Ordering Period Total 4: $_____________

Ordering Period Total 5: $_____________

Grand Total: $_____________

Estimated Quantities: All quantities listed herein are estimated annual quantities. The Government is not obligated to purchase any specified amount of services under this contract but will be obligated to make payment for all services requested and received in the quantities and of the quality requested. The Government does not guarantee or imply that any fixed number of orders/referrals for services will be placed under the resultant contract.

Minimum/Maximum Contract Amounts: In accordance with FAR 16.504, Indefinite Quantity Contracts, the guaranteed minimum of services the Government will acquire under this contract is Minimum $1,000.00 and Maximum $5,000,000.00.

NOTE: For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause.

(End of Price/Cost Schedule B.3)

B.4 STATEMENT OF OBJECTIVES (SOO)

Complete Intraoperative Neuromonitoring Service (IONM)

1. Program Objective

1.1 The objective is to provide the equipment, labor, materials, accessories, and supplies necessary for a Complete Intraoperative Neuromonitoring (IONM) Service that supports any of the eight surgical operating rooms. The primary goal of IONM is the identification of intraoperative neural insults at a stage that allows intervention to eliminate or minimize resultant neural injury. To meet this goal, evoked potentials are monitored iteratively throughout a procedure with preservation or degradation of signals reflecting the state of the corresponding neural pathways. Alternatively, continuous data may be gathered using electroencephalography or electromyography to gain insight into the brain and nerves. The Department of Veteran Affairs surgical specialties are located at Southeast Louisiana Veterans Health Care System (SLVHCS) Diagnostics and Treatment Building within Surgery Service located at 2400 Canal St, New Orleans, LA 70119.

2. Scope

2.1 The offeror shall provide as-needed and case-by-case service that enables SLVHCS to offer IONM options for patients under direct medical care within the operating room. The IONM services should be able to cover complex surgical procedures such as Spine Surgery, Neurosurgery, Vascular Surgery, Otolaryngology, Cardiac Surgery, Thoracic Surgery, Orthopedics, and, if necessary, Interventional Neuroradiology. The IONM Offeror must be experienced and available to cover scheduled and emergency cases 24/7/365, typically within one hour of notification (onsite technical and online remote physician services). Because of the complexity of the surgical procedures, the offeror will have experience providing service to veterans within a military, Naval, or VA medical center.

2.1.1 Complete Intraoperative Neuromonitoring (IONM) Service

The service must be capable of providing real-time data; in addition, the Offeror will offer the most recent technology and hardware. The Offeror will work closely with the surgeons, nursing staff, schedulers, Clinical Engineering, and Sterilization and Processing Service. If necessary, the system will be able to communicate with VISTA Imaging and Computerized Patient Record System (CPRS) to allow for the transfer of data into the patient's Electronic Medical Records.

The proposed operating system must integrate into existing infrastructures and exchange data with other systems using common standard interfaces. Finally, the offeror’s responsible for providing a surgical system that can function with the current power (electrical) supply. The online Neurologists will provide real-time monitoring via HIPAA & HITECH (or similar) compliant telemedicine. The Offeror shall provide scheduled services throughout the contract period. In the event of the absence of the contractor’s personnel for any reason, the contractor shall be responsible for providing replacement personnel for the scheduled services. All and any replacement personnel must meet the Credentialing & Privileging requirements before providing care to SLVHCS patients. Finally, the Offeror will offer a complete Quality Assurance program that monitors and tracks any successes, complications, and trends reported to the SLVHCS Facility Surgical Work Group (FSWG) quarterly. The Quality Assurance Surveillance Plan (QASP) is managed by the Offeror and submitted quarterly to the COR.

2.1.2 Program Management

The offeror is expected to provide all project management services under this contract. The Government assumes project management services to be integral and inherent in performing all service tasks of this contract. As such, the project management services under this contract should be factored into the price of other services and not as separate CLINs on this contract.

The offeror shall provide a draft comprehensive management plan with the proposal that includes all items necessary for the successful completion of this project. Face‐to‐face installation meetings and related activities shall begin within 30 days of contract award and shall be conducted at SLVHCS offices.

2.2 The Offeror shall participate in the simulations, be available in live surgical cases, and test the medical equipment prior to utilization.

2.3 All equipment must meet manufacturers’ and VA specifications. The Offeror will ensure that Clinical Engineering inspects the equipment each time it enters the medical facility.

2.3.1 The Offeror shall provide a backup that will remain onsite. The backup is for emergency use only so that the medical center does not have to cancel the surgical procedure due to mechanical failure.

2.4 The Offeror shall furnish all supplies, accessories, equipment, consumables, transportation, delivery, training, and services. The Offeror uses Right Fax to transmit the reports.

2.5 The Offeror uses Right Fax to transmit the reports.

2.6 The Offeror must be accredited and certified by The Joint Commission.

2.7 If necessary, The IONM will support Deep Brain Simulation and Transcranial Doppler cases.

2.8 The Offeror will ensure all professional staff have the necessary licenses and certifications.

Must have CNIM – Certified Surgical Neurophysiologists.

2.9 The Offeror shall provide the necessary personnel to service more than two surgical operations simultaneously.

2.10 The Offeror shall have malpractice insurance.

2.11 Offeror shall provide staffing resumes, Basic Life Support licenses, and certifications.

2.12 Offeror shall provide a technical capability statement.

2.13 Offeror shall provide past performances.

3.0 Hardware Upgrades

It is expected that all equipment be kept up to date with modern technology and hardware. If hardware upgrades become available after the award of this contract but before installation of the equipment, the offeror must offer them to the Contracting Officer for consideration.

3.1 The equipment shall be FIPS 140-2 compliant.

3.2 The laptop shall be encrypted, and password protected to FIPS 140-2 encryption standards.

3.3 The Offeror shall comply with VA Directive 6500.

4.0 The IONM services should be able to cover complex surgical procedures such as Spine Surgery, Neurosurgery, Vascular Surgery, Otolaryngology, Cardiac Surgery, Thoracic Surgery, Orthopedics, and, if necessary, Interventional Neuroradiology.

5.0 PERIOD OF PERFORMANCE:

The contract is for a 5-year ordering period. See Price/Cost Schedule B.3.

5.1 The Offeror shall provide a full-service plan that covers the complex surgical procedures, which include but is not limited to the following:

• A method that minimizes the amount of time delay between surgical procedures.

• On-site and offsite personnel are available 24/7/365, which includes emergencies for requested surgical procedures. IONM services will be available for all federal holidays.

• Preventative maintenance of the medical equipment is the responsibility of the Offeror.

• The onsite IONM technologist must be within one hour of the medical center.

• The remote physician shall attend all surgical procedures.

• The IONM vendor shall have a 24-hour telephone call center.

• The IONM vendor shall have a scheduling program so that the medical center staff can schedule the patients.

• Contingency Plan: The IONM vendor shall provide a contingency plan for replacing staff that has been terminated or resigned and any staff that has been called out for sick leave or emergency leave.

6.0 PLACE OF PERFORMANCE: Southeast Louisiana Veterans Health Care System (SLVHCS), Surgery Service, 2400 Canal Street, New Orleans, LA. 70112

7.0 DELIVERY, INSTALLATION, AND IMPLEMENTATION

7.1.Offeror shall deliver all equipment, supplies, and disposables to the Southeast Louisiana Veterans Health Care System (SLVHCS) Diagnostics and Treatment Building Surgery Service Located at 2400 Canal St, New Orleans, LA 70119 for each surgical case.

7.2 IMPLEMENTATION

7.2.1 Boosters and WIFI devices must be tested prior to the first surgical procedure.

7.2.2 The laptop devices must be tested prior to the first surgical procedure.

7.3 SITE CONDITIONS

7.3.1 There shall be no smoking, eating, or drinking inside the hospital at any time.

8.0. SECURITY REQUIREMENTS

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

d. Custom software development and outsourced operations must be located in the U.S.

to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies.

If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

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

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

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

5. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

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

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

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

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

d. VA training site is located at www.tms.va.gov

There is only one course the contractor needs to complete and print the certificate at the end. A copy of the completed certificate must be submitted before work begins (within 5 business days

Instructions to get to the Courses in TMS www.tms.va.gov

Log onto the site and create a new user account; if you already don’t have one. Search for your course entitled VA Privacy and Information Security Awareness and Rules of Behavior.

Complete course, print certificate (s), and sign/print contractor rules of behavior.

VA Learning University (VALU)

Help Desk: 1-866-496-0463 valmshelp@va.gov

Examples

VA Privacy and Information Security Awareness and Rules of Behavior http://www.tms.va.gov/ http://www.tms.va.gov/ mailto:valmshelp@va.gov

7. CONFIDENTIALITY AND NONDISCLOSURE

7.1 The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S.

Government and shall be submitted to the CO at the conclusion of the task order.

7.2 The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

7.3 Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

8. WARRANTY

8.1 The Offeror shall provide at a minimum a one-year manufacturer’s warranty on all parts and labor.

8.2 The warranty shall include all travel and shipping costs associated with any warranty repair.

(End of B.4)

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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 fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the…