Solicitation 36C26324Q0309.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

499-24-3-6709-0016

36C26324Q0309 02-23-2024

John Milroy 605-336-3230 03-01-2024

4:00PM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

519290

1000 Employees

N/A

X

VISN 23

2805 Dodd Road, Suite 250

Eagan MN 55121

2501 W. 22nd St.

Sioux Falls SD 57105

Department of Veteran Affairs

Electronic Invoicing System

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062

Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Online Pharmaceutical Database Subscription Service for the

VISN 23: VA Midwest Health Care Network

Period of Performance

Base: 04/01/2024 – 01/31/2024

Option Year 1: 04/01/2025 – 01/31/2026

Option Year 2: 04/01/2026 – 01/31/2027

Option Year 3: 04/01/2027 – 01/31/2028

Option Year 4: 04/01/2028 – 01/31/2029

This procurement is a total Service-Disabled Veteran Owned

Small Business (SDVOSB) Set-aside.

At the time of submission of offer, the offeror shall be registered in the Small Business Administration Veteran

Small Business Certification as a Service-Disabled Veteran

Owned Small Business (SDVOSB) and have an active registration in the System for Award Management (SAM).

A signed 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING must be included in with your quote.

Failure to submit any of the required information, statement

, or certifications may result in rejection of the quote without further consideration for award.

See CONTINUATION Page

499-3640160-6709-822400-2580 CS01A00A1

499-24-3-6709-0016

X X

X One

John Milroy

VA-VHA-RPOC-2023-0067

36C26324Q0309

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

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

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 21

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

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 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

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 36C263

2501 W. 22nd St.

Sioux Falls SD 57105

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Pharmaceutical Database Subscription- VISN 23

Contract Period: Base POP Begin: 04-01-2024 POP End: 03-31-2025 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information Services PRODUCT/SERVICE CODE: U009 - Education/Training - General

Contract Period: Option 1 POP Begin: 04-01-2025 POP End: 03-31-2026 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information

Contract Period: Option 2 POP Begin: 04-01-2026 POP End: 03-31-2027 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information

Contract Period: Option 3 POP Begin: 04-01-2027 POP End: 03-31-2028 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information

Contract Period: Option 4 POP Begin: 04-01-2028 POP End: 03-31-2029 PRINCIPAL NAICS CODE: 519290 - Web Search Portals and All Other Information

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

1. Scope of Work: The Contractor shall provide a pharmaceutical database equivalent to

Wolters Kluwer Lexicomp and include the criteria outlined herein.

2. Period of Performance:

2.1. Base: 04/01/2024 – 01/31/2024

2.2. Option Year 1: 04/01/2025 – 01/31/2026

2.3. Option Year 2: 04/01/2026 – 01/31/2027

2.4. Option Year 3: 04/01/2027 – 01/31/2028

2.5. Option Year 4: 04/01/2028 – 01/31/2029

2.6. Federal holidays observed by Federal Government can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

3. Place of Performance:

3.1. Department of Veterans Affairs, VISN 23: VA Midwest Health Care Network, 2805 Dodd

Road, Suite 250, Eagan, MN 55121.

3.2. The VA Midwest Health Care (VISN 23) serves veterans residing in the states of Iowa, Minnesota, Nebraska, North Dakota, South Dakota and portions of Illinois, Kansas, Missouri, Wisconsin and Wyoming.

3.3. Medical Centers are located at:

3.3.1. Central Iowa VA Health Care System, 3600 30th Street, Des Moines, IA 50310

3.3.2. Nebraska-Western Iowa VA Health Care System, Omaha Campus, 4101

Woolworth Avenue, Omaha, NE 68105

3.3.3. Nebraska-Western Iowa VA Health Care System, Grand Island Campus: 2201

N Broadwell Ave, Grand Island, NE 68803

3.3.4. Nebraska-Western Iowa VA Health Care System, Lincoln Campus: 420 Victory

Park Dr, Lincoln, NE 68510

3.3.5. Sioux Falls VA Health Care System, 2501 W 22nd Street, Sioux Falls, SD

57105

3.3.6. Iowa City VA Health Care System, 601 Highway 6 West, Iowa City IA 52246

3.3.7. Minneapolis VA Health Care System, One Veterans Drive, Minneapolis, MN

3.3.8. Fargo VA Health Care System, 2101 Elm Street N., Fargo, ND 58102

3.3.9. Black Hills VA Health Care System, Fort Meade Campus, 113 Comanche Road, Fort Meade, SD 57741

3.3.10. Black Hills VA Health Care System, Hot Spring Campus, 500 North 5th Street, Hot Springs, SD 57747

3.3.11. St. Cloud VA Health Care System, 4801 Veterans Drive, St. Cloud, MN 56303

3.3.12. Fargo VA Health Care System, 2101 Elm Street North, Fargo, ND 58102

3.3.13. All Department of Veterans Affairs, VISN 23: VA Midwest Health Care Network:

Community Based Outpatient Clinics (CBOCs), VA-owned and leased properties, and non-VA-owned or leased remote locations of Department of

Veterans Affairs, VISN 23: VA Midwest Health Care Network users.

4. Objectives:

4.1. The Contractor shall provide an online and mobile application Pharmaceutical Database Wolters

Kluwer Lexicomp or equivalent that provides healthcare professionals access to evidence-based, point-of-care drug information from a single source that aligns with best practices and trusted, authoritative sources.

5. Requirements https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

5.1. The Contractor shall provide all resources necessary to meet the requirements described in this statement of work for a commercial, off-the-shelf medical and pharmaceutical database equivalent to Wolters Kluwer Lexicomp.

5.2. The Contractor shall provide an online product and a mobile application compatible with iOS and Android devices and optimized for smartphones and tablets. Further references to the

“mobile application” within this Statement of Work shall include the referenced compatibility and optimization.

5.3. The Contractor shall provide 24/7 license rights for immediate access to electronic drug and medical content, references, tools, calculators, resources, links, and materials as stated herein for multiple simultaneous users of the Department of Veterans Affairs, VISN 23: VA Midwest

Health Care Network, from any VA or non-VA networked, web-enabled computer or iOS and

Android smartphone or tablet, both onsite and offsite.

5.4. The Contractor shall provide a static URL for access within the VA firewall and a mechanism to connect outside the VA firewall (e.g. VPN and mobile application).

5.5. The Contractor shall provide mobile application access from a single application that is fully operational and equivalent to the online content, references, tools, calculators, resources, links, and materials. The mobile application must contain full database information versus summary content and update in real-time automatically to match any changes to online material and content.

5.6. The Contractor shall provide usage statistics monthly. The usage statistics format will be provided via email or contractor-provided platform access. It will include session count, search count, and total document retrievals per title at a minimum.

5.7. The Contractor shall provide all updates to content at no additional cost.

6. Application Capability

6.1. The Contractor shall provide a pharmaceutical database with add-ons/modules:

Continuing Medical Education (CME) credits; Facts and Comparisons database;

Trissel's IV Compatibility database; Martindale: The Complete Drug Reference; 5-

Minute Clinical Consult database, and Brigg’s Drugs in Pregnancy and Lactation reference guide; and consists of the following salient characteristics at a minimum:

6.1.1. No direct connection or interface to VA systems or network.

6.1.2. Direct links for users to access decision support tools.

6.1.3. User-friendly login and search engine.

6.1.4. Content is evidence-based, peer-reviewed, and expert opinion.

6.1.5. Content, resources, and tools developed by a multi-disciplinary editorial team of clinicians, including advanced-degree pharmacists from various specialties.

6.1.6. Drug assessments based on manufacturer monographs and peer reviews of primary literature.

6.1.7. References to primary literature to support recommendations and/or indications for therapy.

6.1.8. Daily, real-time updates, with the most recent update date displayed in the search results.

6.1.9. Quality control mechanisms to ensure content is reliable and updated daily.

6.1.10. Effective and efficient single and multi-term searching.

6.1.11. Basic and advanced search options.

6.1.12. Autocomplete feature that contains frequently searched items.

6.1.13. Misspelling correction feature that offers correctly spelled options.

6.1.14. Clinical drug and therapeutic decision-making support tools with actionable recommendations.

6.1.15. Drug identification tool that contains search fields for drug/product imprint, dosage form, shape, color, name, and manufacturer with search results containing an image of the product/drug.

6.1.16. Teratogenicity, toxicology, complementary and alternative medicine, and pharmaceutical information.

6.1.17. Toxicology database with search function by drug.

6.1.18. Poison control information, including antidote and supportive care measures.

6.1.19. Pharmacy compounding stability information obtained from package insert and primary literature.

6.1.20. Full-text databases on chemical, pharmaceutical, and related biological substances used in clinical patient care.

6.1.21. Links to accessible primary literature or PubMed to support clinical content.

6.1.22. Newsletters for physicians and nurses.

6.1.23. Platform that easily records, tracks, and redeems AMA Category I CME credits with each review topic.

6.1.24. Tools to aid information retrieval assessment [e.g., medical calculators

(dosing, clinical, measurement, laboratory values, etc), tables, graphics].

6.1.25. Drug information includes dosing by indication, mechanism of action, adverse effects, administration recommendations, warnings (including black-box warnings), contraindications, interactions, monitoring parameters, storage, hazardous drug handling, stability, pregnancy and lactation considerations, pharmacogenomics, available dosage forms, and precautions from package inserts and drug texts.

6.1.26. Drug dilution instructions, drug pricing reference, pharmacokinetic data, adverse event incidence data.

6.1.27. Dosing information for general populations, such as adult, pediatric, neonatal, and geriatric populations, and dosing for special clinical situations, such as special considerations in patients with renal impairment, hepatic impairment, or obesity.

6.1.28. Extensive evidence-based and peer-reviewed information on the following specialty areas: adult emergency medicine; adult primary care and internal medicine; allergy and immunology; anesthesiology; cardiovascular medicine; dermatology; endocrinology and diabetes; family medicine and general practice; gastroenterology and hepatology; general surgery;

geriatrics; hematology; hospital medicine; infectious diseases; nephrology and hypertension; neurology; obstetrics, gynecology and women’s health;

oncology; palliative care; pharmacogenomics; pulmonary, critical care and sleep medicine.

6.1.29. Drug reviews, clinical practice guidelines & reviews, and pharmacokinetics information.

6.1.30. Drug interaction analysis tool that identifies potential drug-drug, drug-

OTC, drug-alternative medicine, drug-allergy, drug-ethanol, drug-lab, drug-food, drug-tobacco, drug-pregnancy, drug-lactation, and duplicate therapies with a single drug interaction search. Additionally, the drug interaction tool must allow input of multiple drugs at once and analyze the severity of interactions, include percentages of patients affected by the interaction where available, and contain case reports.

6.1.31. Comprehensive disease state summary, management, and treatment recommendations.

6.1.32. Summary of new or changing therapies.

6.1.33. IV compatibility from Trissel’s 2 Clinical Pharmaceutics Database.

6.1.34. Administration, monitoring, compatibility, and admixing instructions for parenteral medications.

6.1.35. Drug monograph database that contains drug utilization evaluation templates/documents.

6.1.36. Store drug monographs in the database for at least five years to allow

Pharmacy and Therapeutics reviews for older drugs.

6.1.37. A clinical teaching section to assist in communicating information to patients (this is a patient education requirement).

6.1.38. Patient education content for medications, medical conditions, treatments, and overall health.

6.1.39. Patient information leaflets can be customized with the patient’s name and patient-specific comments and made available for electronic download and/or print.

6.1.40. Patient information is available at a basic reading level (two reading levels are preferred) and available in both English and Spanish.

6.1.41. Condensed versions of medication leaflets that providers can use to counsel their patients.

6.1.42. Electronic and print materials that can be customized with practice site logos and contact information.

6.1.43. Customizable formulary settings to assist VA prescribers in navigating

VA formulary and non-formulary options.

6.1.44. Drug formulary information with the ability to customize a standard clinical drug information monograph with facility-specific information.

6.1.45. Comprehensive medication monographs include information regarding

FDA and non-FDA-approved indications with tables to compare drugs within a class for things like half-life or other important information with literature citations listing the evidence base.

6.1.46. Drug comparison evaluation tool that can view multiple drugs side-by-side with primary literature summaries to allow for time-effective comparison of more than one agent within one search and includes concise reviews of trials or case reports, including key study design characteristics such as number of patients, p-values, and population.

6.1.47. An international directory providing formulas, synonyms, and therapeutic courses of drugs and drug derivatives.

7. Support

7.1. A designated account representative will be assigned to assist the COTRs with any potential concerns that may arise during the period of the contract.

7.2. The Contractor shall provide a technical support telephone number and email address.

The customer service team shall be available during normal business hours to troubleshoot website or mobile application connectivity or other technical support issues.

7.3. The Contractor shall address any questions or problems encountered when using this product with supported software or hardware. Specific requirements must be included if a plug-in, additional software, or recommended software is required for optimal use.

7.4. The Contractor shall provide all updates and any plug in for application/content at no additional cost.

7.5. The contractor shall provide usage statistics on a monthly basis to the VA Point of

Contact. The format of the usage statistics is provided either via email or contractor provided login and should include session count, search count, and total document retrievals per title.

7.5.1. Contractor shall provide training and training materials at no additional cost, including online tutorials and/or webinars upon demand and on-site training, briefings, and updates to the facilities in the VISN 23 as requested by VISN 23.

Training will be coordinated with local library or pharmacy services depending on the facility.

7.6. Confidentiality, Privacy, And Security

7.6.1. Confidentiality: The Department of Veteran Affairs will provide the contractor with access to pertinent patient information for the purposes of providing IT Support to the Department of Veteran Affairs. The contractor shall ensure the confidentiality of veteran’s personal information and shall be held liable in the event of breach of confidentiality. Contractor shall adhere to VA Directive 6500.6, Contract Security.

Any person who knowingly or willingly discloses confidential information from the

VA may be subject to criminal penalties.

7.6.2. Privacy Act and Authorization to Release Information: As a result of this contract, the contractor shall be subject to the Privacy Act of 1974. The veteran’s personal information described in this solicitation are irreplaceable personal information that must be safeguarded at all times. Contractor shall refer to the Privacy Act

Notification (FAR 52.224-1) and Privacy Act Clause (FAR 52.224-2) as found in the clauses section. The contractor shall develop and maintain a method of tracking any data obtained from the VA. The contractor is not authorized to release any veteran’s information. The Department of Veteran Affairs is the sole entity authorized to release any information upon written authorization from the patient.

7.6.3. Veteran’s Personal Information: Contractor personnel who obtain access to the veteran’s personal information or access hardware/software that may store sensitive information protected under 38 U.S.C. 4132 or 3305, as defined by the

VA, shall not have access to the records unless absolutely necessary to perform the requirement. Any contractor employee required to access pertinent data shall not disclose to anyone that is not involved in the performance of this task. Any violation of these provisions may involve criminal penalties.

7.6.4. Veteran’s Personal Information Handling and Storage: Department of Veteran

Affairs will allow the contractor personnel to work off-site, remote from the VA facility. However, the contractor is responsible for ensuring that the employees maintain the records in a safe and secure environment. Any examples for content, reference, or formatting must be de-identified.

7.6.5. In accordance with Federal Acquisition Regulation (FAR) 4.703, the Contractor’s contract files must be maintained for three years after final payment. The

Contractor shall destroy the files on the anniversary of the third year after final payment has been received. The destruction shall be coordinated with the VA.

7.6.6. Destruction of VA Information – All VA data kept onsite by the contractor will be destroyed and/or shredded when not needed. Acceptable methods of onsite final destruction for all content would include burning, pulping, and/or erasing.

7.6.7. Certification of Destruction – The contractor will provide to the Contracting Officer

Representative and the Contracting Officer written documentation that all records were destructed at the end of the period of performance.

7.7. Security

7.7.1. The contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions, laws, and regulations.

7.7.2. The contractor’s firewall and web server that will be utilized for this contract shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall.

7.7.3. Antiviral software shall be installed by the contractor and kept current.

7.7.4. Equipment should be housed and protected in such a way that reduces the risks from environmental threats and hazards, and the opportunities for unauthorized access, use, or removal.

7.7.5. The configurations, processes, and procedures described in the VA Remote

Access Guidelines, published and updated by the Office of Cyber Security

(OCS), must be adhered to

7.7.6. All remote access devices used to connect to VA networks will be configured to provide protection from malicious code and unauthorized access.

7.7.7. VA Directive 6500 shall be adhered to and all requirements met.

7.7.8. Contract employees are required to log onto VPN access point at a minimum of every two weeks in order to maintain access.

7.7.9. VA information may not reside on non-VA systems or devices unless specifically designated and approved as appropriate for the terms of the contract.

7.7.10. The contractor shall provide assurance to VA Information Resources

Management (IRM) Chief, Information Security Officer (ISO), and/or designee that they have adhered to the remote access requirements, that systems are properly configured and that appropriate security mechanisms and monitoring devices are up to date with best practices and technical standards.

7.7.11. In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of Upon termination or completion of the contract, computer equipment used in performance of contractual obligations will be sanitized according to VA standards and guidelines. When non-VA equipment is transferred or disposed, the equipment will be sanitized according to VA standards and guidelines.

Sanitization of equipment shall include the requirement for the contractor to surrender the hard drives of the equipment to VA for destruction. Additional sanitization of electronic media can be found in VA Handbook 6500.1 “Electronic

Media Sanitization.”

7.7.12. The contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification and accreditation.

7.7.13. Contractors are prohibited from establishing communication configurations that would permit access to be established from outside the VA onto VA private networks that bypass established authentication and authorization processes, such as enabling unsecured modems on computers connected to VA internal networks.

7.7.14. Any security violations or attempted violations shall be reported to the

Contracting Officer Representative, Contracting Officer and VA Information

Security Officer (ISO) within one hour of the incident.

8. Government Roles and Responsibilities:

8.1. The following personnel shall oversee and coordinate surveillance activities:

8.1.1. Contracting Officer (CO) – The CO shall ensure the performance of all necessary actions for effective contracting, ensure compliance with the awarded contract, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the Contractor receives impartial, fair, and equitable treatment. The CO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

8.1.2. Facility Point of Contact (POC) – The POC is responsible for technical administration of the awarded contract and shall assure proper Government surveillance of the Contractor’s performance. The POC shall review all invoices for accuracy and certify correct invoices for payment. The POC is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

9. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS

MANAGEMENT LANGUAGE FOR CONTRACTS RECORDS MANAGEMENT

OBLIGATIONS

9.1. Applicability

9.1.1. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

9.2. Definitions

9.2.1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

9.2.2. The term Federal record:

9.2.2.1. includes Department of Veteran Affairs records.

9.2.2.2. does not include personal materials.

9.2.2.3. applies to records created, received, or maintained by Contractors pursuant to their Department of Veteran Affairs contract.

9.2.2.4. may include deliverables and documentation associated with deliverables.

9.3. Requirements

9.4. 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.

9.5. 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.

9.6. 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.

9.7. Department of Veteran Affairs 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 Department of Veteran Affairs 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 Department of Veteran Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

9.8. 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 action.

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 Department of Veteran Affairs 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 action. Destruction of records is EXPRESSLY

PROHIBITED unless in accordance with Paragraph (4).

9.9. 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 Department of Veteran Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

9.10. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veteran Affairs policy.

9.11. The Contractor shall not create or maintain any records containing any non-public

Department of Veteran Affairs information that are not specifically tied to or authorized by the contract.

9.12. 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.

9.13. The Department of Veteran Affairs 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 Department of Veteran Affairs 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.

9.14. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veteran Affairs-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

9.15. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

9.16. Flowdown of requirements to subcontractors

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

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

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 Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under…