Slolicitation 36C25726Q0822.docx

36C25726Q0822

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

08-20-2026 Rafael Rodriguez

(254) 560-0262 08-26-2026

11:00 AM

CDT

Network Contracting Office 5441 Babcock Road Ste. 302

San Antonio TX 78240

X

339112 1000 Employees

N/A

Department of Veterans Affairs North Texas Veterans HCS 4500 S Lancaster Rd

Dallas TX 75216

Network Contracting Office 5441 Babcock Road Ste. 302

San Antonio TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540

See CONTINUATION Page Title: Medical Refrigerators- Brand Name or Equal The Contractor is responsible for providing all items listed on the quote and fully installing the equipment, calibrating, testing, and evaluating the equipment after installation to include all other agreements pursuant to the quote and training of on-site staff in use of equipment.

*****Only USA manufactured products will be accepted********

Brand Name Or Equal

See CONTINUATION Page

Rafael Rodriguez Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Rafael Rodriguez Network Contracting Office 5441 Babcock Road Ste. 302 San Antonio TX 78240

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted 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.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

iPR105-GX i.Seriesr Pharmacy Refrigerator - Undercounter, 5.3 cu ft (150 Liters) (with NSF/ANSI 456 Vaccine Storage Certified Labeling and Certificate of Calibration) Contract Period:

POP Begin: 08-31-2026 POP End: 10-15-2026 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing PRODUCT/SERVICE CODE: 4110 - Refrigeration Equipment

LOCAL STOCK NUMBER: 5115105-1

Handle Option: Flexlock Adapter Factory Installed (for Undercounter Refrigerators with Blue Exterior and Right Hinge Door, GX models, 5 cu ft)

POP Begin: 08-31-2026 POP End: 10-15-2026 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing

LOCAL STOCK NUMBER: 4080031-1

Monitoring Option: Ballast, Solid, Factory Installed (for Undercounter Refrigerators, GX models, 5 cu ft)

POP Begin: 08-31-2026 POP End: 10-15-2026 PRINCIPAL NAICS CODE: 333415 - Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing

LOCAL STOCK NUMBER: 3140000-1

B.3 DELIVERY SCHEDULE

Dallas VA Medical Center 4500 S. Lancaster Road Deliver (Pharmacy) Dallas, TX 75216 7167

USA

Dallas VAHCS 4500 S. Lancaster Rd.

Dallas, TX 75216

USA

Dallas VA Medical Center 4500 S. Lancaster Road Deliver (Pharmacy) Dallas, TX 75216 7167

USA

B.4 SCOPE OF WORK

1. GENERAL- BRAND NAME OR EQUAL

0. The contractor shall comply with Federal, State, local laws and regulations applicable to the performance of this contract.

1. DESCRIPTION OF WORK

2.1 Contractor will deliver, unpack and install the equipment during normal business hours unless prior authorization is given by the COR, Contracting Officer or designated representative.

2.2 The Contractor is responsible for providing all items listed on the quote and fully installing the equipment, calibrating, testing, and evaluating the equipment after installation to include all other agreements pursuant to the quote and training of on-site staff in use of equipment.

Equipment: Medical Refrigerators Brand Name or Equal Equipment Model(s)

Undercounter, 5.3 cu ft (150 Liters) (with NSF/ANSI 456 Vaccine Storage Certified Labeling and Certificate of Calibration)

Handle Option: Flexlock Adapter Factory Installed (for Undercounter Refrigerators with Blue Exterior and Right Hinge Door, GX models, 5 cu ft)

Monitoring Option: Ballast, Solid, Factory Installed (for Undercounter Refrigerators, GX models, 5 cu ft)

1. General Application & Certification

· Designed for high-performance storage of medical and scientific/pharmaceutical products, including vaccines.

· Certified to the NSF/ANSI 456 Vaccine Storage Standard.

· Listed by a Nationally Recognized Testing Laboratory (NRTL) to UL and CSA safety standards (e.g., IEC/UL 61010-2-01 and IEC 61010-1).

· ENERGY STAR® certified as a High Performance Refrigerator.

· ADA compliant; unit must fit under a standard 34-inch high, ADA-compliant countertop.

· Rated for indoor, non-residential use only.

· Suitable for non-corrosive, non-flammable, non-explosive environments.

2. Capacity & Physical Dimensions

· Storage volume: 5.3 cu ft (150 L).

· Interior dimensions (w x h x d): 19.5 x 19.9 x 22.8 in (496 x 505 x 580 mm).

· Exterior dimensions (w x h x d): 24 x 31.5 x 26.7 in (610 x 798 x 678 mm).

· Net weight: 182 lb (83 kg).

· Shipping weight: 243 lb (111 kg).

· Clearance requirement: minimum 3 in (76 mm) at rear only; front-ventilated design eliminates need for top or side clearance.

· Interior storage: two (2) ventilated, adjustable drawers, each 16.7 x 4 x 20.6 in (424 x 101 x 523 mm), rated to 100 lb (46 kg) max capacity per drawer.

3. Temperature Performance

· Operable temperature range: +2°C to +10°C, adjustable set point (default +5°C).

· Ambient operating temperature tolerance: +15°C to +32°C (+59°F to +90°F).

· Temperature uniformity: ±1.0°C under normal operating conditions.

· Temperature stability: 0.72°C.

· Recovery to 8°C following a 3-minute door opening: 11 minutes.

· Pull-down time to 4°C: 37 minutes.

· Energy consumption: 1.37 kWh/day.

· Noise emission: 42 dB.

· Heat rejection: 460 BTU/hr.

· Must meet the temperature performance requirements included in the NSF/ANSI 456 Vaccine Storage Standard.

4. Refrigeration System

· Compressor-based, forced-air refrigeration system.

· Hermetic, variable-speed compressor technology for stable temperature control.

· Environmentally compliant refrigerant (EPA SNAP compliant, e.g., R600a/Isobutane or equivalent low-GWP refrigerant).

· Automatic defrost.

· Direct-expansion, forced-air evaporator design.

5. Controller, Monitoring & User Interface

· Color touchscreen door-mounted control interface, 7 in (177 mm), selectable °C/°F display.

· Microprocessor-based controller with touchscreen input and display.

· Lockable door with password-protected settings; optional PIN-based access control.

· Stainless-steel RTD control sensor.

· Communication ports to include, at minimum: USB, remote alarm contacts, and Ethernet (RJ45) connectivity, with API availability for integration.

· Battery backup providing 20 hours of display and alarm function during power loss, via rechargeable 12V lead-acid battery.

6. Alarms & Data Logging

· Power failure alarm.

· Fully adjustable high/low temperature alarms with automatic self-testing capability.

· Adjustable door-ajar alarm.

· Adjustable condenser temperature alarm.

· Min/Max temperature display and reset function.

· Data download capability via USB in standard formats (CSV and PDF).

· Onboard event logging (alarms and door openings), downloadable via USB.

· Onboard temperature logging, downloadable via USB.

· Interactive/graphical temperature history display.

· Optional access logging when integrated access control is installed.

· Includes a temperature monitoring ballast (bottle-based buffer probe) to simulate vaccine vial thermal response.

7. Construction & Durability

· Bacteria-resistant powder-coated interior and exterior [Riaz] Blue finish. Solid, field-reversible door.

· Rear access port, 0.75 in (19 mm) diameter, for external monitoring probes.

· Sustainable, EPA/SNAP-approved foam insulation.

· Adjustable leveling feet (required for proper operation); optional casters.

8. Electrical Requirements

· Operable on standard facility electrical service: 115V 60Hz (or 220–240V 50/60Hz for international use).

· Maximum current draw: 1.4A (115V) / 0.85A (230V).

· Facility supply rating: dedicated branch circuit with earth ground, minimum 15A (110–120V) or 10A (220–240V), per local electrical safety codes.

· Supplied with a hospital-grade NEMA 5-15 power cord, 8 to 10 ft (2.4–3.0 m) in length (115V 60Hz configuration).

9. Documentation & Warranty

· Certificate of Calibration provided, generated using an ISO 17025-certified, NIST-traceable thermometer.

· Manufacturer warranty coverage: 7 years compressor, 2 years parts, 1 year labor.

· Validation documentation (IQ/OQ) available upon request.

10. Controller Software / User Interface (i.C3® or Equivalent) The unit's electronic controller and monitoring software shall meet or exceed the following salient characteristics:

Display & Navigation

· Color, icon-driven touchscreen interface, minimum 7 in (177 mm), door-mounted.

· Home screen displaying, at minimum: current chamber temperature, Min/Max temperature, alarm condition status, date/time, and battery status indicator.

· Configurable/rearrangeable application icons (minimum 5 displayable on Home screen).

· Multi-language display support with user-selectable language.

· Selectable temperature display in °C or °F.

· Selectable date format and 12-hour/24-hour time format.

· Adjustable screen brightness (minimum 3 settings).

· Home screen screensaver displaying rolling 24-hour temperature graph after a period of inactivity, capable of being enabled or disabled.

Temperature Monitoring & Graphing

· Real-time display of primary monitor probe temperature; secondary monitor probe display supported on applicable models.

· Min/Max temperature tracking since last reset, with manual reset capability.

· Historical temperature graph capable of displaying at minimum 62 days of logged data.

· Selectable graph time span (minimum 1-day and 7-day views).

· Graphical indication of high/low alarm limits, with color change (e.g., green/red) when temperature is within/outside alarm limits.

· Graph zoom feature for detailed inspection of a selected time segment.

· One-touch/point-query feature to display date, time, and temperature at any selected point on the graph.

· Visual indication on the graph of door openings, alarm conditions, alarm tests, and (for freezers) defrost cycles.

Alarm Management

· Fully adjustable high/low temperature alarm setpoints and time delays for primary (and secondary, if installed) monitor probes.

· Adjustable alarm setpoints/time delays for: compressor high temperature, power failure, probe failure, and door-open duration.

· Built-in automatic alarm test function (e.g., Peltier-based) for high and low temperature alarms, completing in approximately 5 minutes without affecting chamber temperature.

· Audible alarm with adjustable volume and selectable tone.

· Adjustable, user-selectable mute duration (minimum range of 1–60 minutes).

· Visual and audible power-failure alarm, supported by battery backup.

Data Logging & Records

· Onboard Event Log recording alarm-type events (minimum 100 most recent events), including event type, start/end date-time, and start/end temperature.

· Event acknowledgment capability, allowing entry of event cause, corrective action taken, and user signature/identification.

· Optional Access Control Log recording user identity (or denied/override status), date, time, door-open duration, and access method (minimum 100 most recent events).

· Event log formatting that visually distinguishes new/unviewed, viewed, and downloaded records.

Data Transfer & Connectivity

· USB port supporting data download and firmware upload.

· Ethernet (RJ45) connectivity with an available API for integration with external monitoring/BMS systems.

· Data export in industry-standard CSV format, including separate primary probe, secondary probe (if applicable), event log, and access log files.

· Report export in PDF format, including temperature graphs and alarm event data, with selectable report duration (1-day, 7-day, or all).

· Support for downloading a minimum of 3 months of data in a single export.

· Field-upgradable firmware via USB.

Access Control & Security (if equipped)

· Password-protected settings menu to prevent unauthorized configuration changes.

System Administration

· User-adjustable temperature setpoint via the touchscreen interface.

· Factory-set device control parameters (e.g., compressor rail temperatures, startup delay) viewable, with modification restricted to qualified service personnel.

· Sensor calibration function allowing offset adjustment for monitor, control, and compressor probes.

· Restore-to-factory-defaults function, with retained language and Unit ID settings.

· Configurable Unit ID (minimum 10 characters) for system identification.

Salient Characteristics – Helmer iPR105‑GX (Part Number 5115105‑1) i.Series® Undercounter Pharmacy Refrigerator – 5.3 cu ft (150 Liters) NSF/ANSI 456 Vaccine Storage Certified with Certificate of Calibration

1. Capacity & Configuration

· 5.3 cu ft (150 liters) internal storage capacity

· Undercounter design engineered for installation beneath countertops while maintaining full accessibility

· Pharmacy‑grade construction with adjustable interior shelving

· Optimized for vaccine, medication, and temperature‑sensitive product storage

2. Performance & Uniformity

· Precise temperature control, designed for stable 2°C to 8°C vaccine storage

· Even temperature distribution using high‑performance airflow

· Rapid recovery after door openings to maintain product integrity

3. Compliance & Certification

· NSF/ANSI 456 Certified for vaccine storage

· Includes Certified Calibration (Certificate of Calibration)

· Meets CDC/VFC vaccine storage guidance when used in accordance with manufacturer instructions

4. Monitoring & Alarm Features

· Part of the Helmer i.Series® line featuring:

· Integrated i.C³® user interface

· Continuous temperature monitoring

· Door‑ajar alarms

· Power failure alarms

· High/low temperature alarms

5. Construction & Design

· High‑durability pharmacy‑grade cabinet construction

· Ergonomic handle and secure sealing door

· Interior LED lighting

· Leveling feet for undercounter placement

· Energy‑efficient compressor system

6. Electrical Requirements

· Standard medical‑grade power configuration

· Designed to operate reliably in clinical environments

7. Intended Use

· Suitable for:

· Hospital pharmacies

· Outpatient clinics

· Vaccine storage rooms

· Research laboratories

· Medication prep areas

Salient Characteristics – Helmer Part Number 4080031‑1 FlexLock Adapter – Factory Installed Handle Option (For Undercounter Refrigerators with Blue Exterior, Right‑Hinge Door, GX Models, 5 cu ft)

1. Compatibility

· Designed specifically for Helmer i.Series® GX model undercounter refrigerators.

· Compatible with 5 cu ft units including Model iPR105‑GX.

· Engineered for refrigerators with blue exterior finish.

· Intended for units with right‑hinged doors.

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2. Functionality & Security

· FlexLock Adapter provides enhanced door security and controlled access.

· Supports integration with Helmer’s locking systems to maintain medication and vaccine safeguarding.

· Reinforced handle solution improves access control in pharmacy and clinical environments.

3. Factory Installation

· Handle option is factory installed, ensuring proper fitment, alignment, and quality assurance.

· Maintains manufacturer specifications and warranty requirements.

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4. Durable Construction

· Built with medical‑grade materials appropriate for high‑use clinical settings.

· Supports long‑term reliability for cold‑storage applications such as vaccines, medications, and biologics.

5. Intended Use

· Provides secure, ergonomic access to pharmacy‑grade undercounter refrigeration.

· Suitable for VA clinical environments requiring controlled access to refrigerated pharmaceuticals.

Salient Characteristics – Helmer Part Number 4120000‑1 Monitoring Option: Ballast, Solid (Factory Installed) (For Undercounter Refrigerators, GX Models, 5 cu ft)

1. Compatibility

· Designed specifically for Helmer i.Series® GX model undercounter refrigerators.

· Fully compatible with 5 cu ft GX units, including Model iPR105‑GX.

2. Monitoring Enhancement (Solid Ballast)

· Solid ballast module stabilizes and moderates temperature fluctuations inside the refrigerator.

· Provides thermal mass to support accurate sensor readings and temperature monitoring.

· Helps ensure consistent temperature performance, especially during door openings or variable load conditions.

· Enhances reliability of internal monitoring systems, supporting cold‑chain compliance.

3. Factory Installation

· Installed at the Helmer factory, ensuring proper integration with the refrigerator’s monitoring system.

· Maintains OEM quality standards, calibration, and warranty coverage.

4. Cold‑Storage Performance Benefits

· Improves temperature uniformity within the cabinet.

· Supports pharmacy‑grade storage requirements for vaccines, medications, and biological products.

· Allows monitoring equipment to more accurately reflect true storage conditions over time.

5. Intended Use

· Recommended for environments requiring high‑accuracy temperature monitoring, such as:

· Hospital pharmacies

· Medication rooms

· Vaccine storage areas

· Research or clinical laboratories

6. Integration

· Operates seamlessly with Helmer’s i.Series® monitoring and alarm system, enabling precise digital temperature oversight.

Location: DALLAS VA MEDICAL CENTER 4500 South Lancaster Road Dallas, TX 75216-7167

1. PERSONNEL

2. Program Manager. The contractor shall provide in writing the name and phone number of a Program Manager within (10) ten calendar days of the award of the contract. The Program Manager shall be a qualified and experienced manager to oversee the personnel assigned to perform the installation and maintenance services. The contractor’s Program Manager shall correspond with the COR on a regular basis to discuss any problems that the contractor or contractor’s personnel may be experiencing during the performance of this contract. Unresolved problems shall be referred to the Contracting Officer for resolution.

2. Contractor Service Personnel (CSP). All subcontractors performing work for primary contractor shall meet all specifications and standards that apply to CSP under this agreement. CSP shall maintain clean and neat appearance and shall wear an identification badge at all times when performing services at the Government site. Identification badges shall be worn in a clearly visible area of the outer garment. The COR shall furnish this badge. Due to conflict of interest, the contractor shall not employ a current DOD employee, military or civilian to provide services under this contract.

2. Government point of contact (POC). The COR will be the Government’s POC. If required, the COR will be designated in writing to the Contractor and the scope of authority will be set forth therein. Contractor shall respond only to calls from COR or a designated representative from the Medical Center.

3.4 SECURITY STATEMENT: Physical Access will be supervised by pharmacy.

No data storage device will be removed from the facility. No patient information involved with this equipment.

1. ACRONYMS AND DEFINITIONS

3. Contracting Officer (CO). A person duly appointed with the authority to enter into and administer contracts on behalf of the U.S. Government.

3. Contracting Officer’s Representative (COR). An individual designated in writing by the Contracting Officer to act as an authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations as defined by the Contracting Officer.

1. EQUIPMENT OWNERSHIP.

4. Title to equipment shall remain with the contractor until installed and established. After completion, a satisfactory inventory and inspection is completed by Contractor, COR and Maintenance personnel. Upon approved inspection, title, equipment, accessories and ownership will be released to VA North Texas Healthcare system (VANTHCS).

1. LIMITED WARRANTY.

5. All equipment listed on Schedule B and pursuant to the attached quote, shall be fit and sufficient for the purpose intended as set forth in the user manuals; and merchantable, of good quality and free from defects in materials or workmanship; for a period of one (1) year from the date of the first invoice under this agreement.

6.2. Maintenance and/or repairs that are not covered under the warranty will be paid by the Government.

6.3 All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System (VANTXHCS) and must be returned to VANTXHCS at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1.

Information Technology Security requirements section As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

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 on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

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

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

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

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

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

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

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

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

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

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

GENERAL RULES OF BEHAVIOR

a. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.

b. The following rules apply to all VA contractors. I agree to:

(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.

(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.

(3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.

(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.

(5) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.

(6) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.

(7) Grant access to systems and information only to those who have an official need to know.

(8) Protect passwords from access by other individuals.

(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.

(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.

(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COR for policies and guidance on complying with this requirement and will follow the COR's orders.

(12) Ensure that the COR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.

(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COR.

(14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COR.

(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COR for policies and guidance on complying with this requirement and will follow the COR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.

(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COR.

(17) Understand that restoration of service of any VA system is a concern of all users of the system.

(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.

PRIVACY STATEMENT

a. Contractors and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS).

b. As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities, Veterans Health Administration (VHA). In accordance with HIPAA, the contractor may be required to enter into a Business Associate Agreement (BAA) with VHA.

c. Business associates must follow VHA privacy policies and practices when applicable. All contractors and business associates must receive privacy training annually.

d. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA.

e. For contractors and business associates who are granted access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required upon request.

NARA Records Management Language for Contracts (May 2017)

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 managed 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 managed 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. VA North Texas Health Care System 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 VA North Texas Health Care System 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 VA North Texas Health Care System. 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 vehicle]. 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. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to 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 vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA North Texas Health Care System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA North Texas Health Care System policy.

8. The Contractor shall not create or maintain any records containing any non-public VA North Texas Health Care System information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VA North Texas Health Care System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA North Texas Health Care System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

36C25726Q0822

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

OCT 2018

C.2 52.222-90 ADDRESSING DEI…