W912LQ-16-T-0001-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

A. The purpose of this amendment is to update provisions and clauses and answ er questions submitted.

1. DFARS Clause 252.204-7012 is replaced w ith 252.204-7012 Deviation 2016-O0001.

2. DFARS Provision 252.204-7008 Deviation 2016-O0001 is hereby added.

3. Questions received and the government's response are included in this amendment. Any additions or changes to the PWS as a result of the government's response have been highlighted.

B. The time and date for receipt of quote packages remains unchanged.

C. See summary of changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-Dec-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912LQ-16-T-0001

X 9B. DATED (SEE ITEM 11)

02-Dec-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-Dec-2015

CODE

VAPFO-P

USPFO FOR VIRGINIA,

BLDG 316

FORT PICKETT

BLACKSTONE VA 23824-6316

W912LQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912LQ-16-T-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

CLAUSE 252.204-7012 DEVIATION

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2016-

O0001)(OCT 2015)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in

DoD Instruction 5230.24, Distribution

Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS

252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements specified in the clause

252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7010

(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special

Publication (SP) 800-171, “Protecting Controlled

Unclassified Information in Nonfederal Information Systems and Organizations,”

(see Error! Hyperlink reference not valid.http://dx.doi.org/10.6028/NIST.SP.800-171) that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer with the exception of the derived security requirement 3.5.3

“Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts”, which will be required not later than 9 months after award of the contract, if the Contractor notified the contracting officer in accordance with paragraph (c) of the provision 252.204-7008, Compliance with Safeguarding Covered

Defense Information Controls (DEVIATION 2016-O0001)(OCT 2015); or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD

Chief Information Officer (CIO) prior to contract award; and

(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the

Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the

Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow

DoD to request the media or decline interest.

http://dx.doi.org/10.6028/NIST.SP.800-171 http://dibnet.dod.mil/ http://iase.disa.mil/pki/eca/Pages/index.aspx

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting

Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with

Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful

Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the

Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable

U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include the substance of this clause, including this paragraph (m), in all subcontracts, including subcontracts for commercial items; and http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7009

(2) Require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime

Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

(End of clause)

PROVISION 252.204-7008

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. (DEVIATION 2016-

O0001)(OCT 2015)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION

2016-O0001)(OCT 2015).

(b) The security requirements required by contract clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001)(OCT 2015) shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) If the Offeror anticipates that additional time will be necessary to implement derived security requirement 3.5.3

“Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts” within National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations (see http://dx.doi.org/10.6028/NIST.SP.800-171), the Offeror shall notify the Contracting Officer that they will implement the requirement within 9 months of contract award.

(d) If the Offeror proposes to deviate from any of the security requirements in NIST SP 800-171that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(1) Why a particular security requirement is not applicable; or

(2) How an alternative, but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(e) An authorized representative of the DoD CIO will approve or disapprove offeror requests to deviate from NIST SP

800-171 requirements in writing prior to contract award. Any approved deviation from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

QUESTIONS AND ANSWERS

Q1: What firm or company is currently providing these testing services to the Virginia National Guard?

A1: Currently there is not an existing contract through the Virginia National Guard USPFO. In previous years, LabCorp has provided services either through Government Purchase Card (GPC) procurements or other contracts.

Q2: What electronic delivery method is currently used to receive results? e.g. An electronic data interface between a lab testing vendor and a National Guard electronic medical records (EMR) system; fax; other?

http://dx.doi.org/10.6028/NIST.SP.800-171

A2: Currently, there is no interface between the Virginia National Guard's electronic medical system and a contractor. The Virginia National Guard has a secure fax which is HIPAA compliant and has been used for electronic delivery of results.

Q3: Are there any security checkpoints or steps that must be followed in order to take possession of the patient specimens from the military facilities referenced in the document?

A3: Paragraph 5. of the Performance Work Statement (PWS) addresses security requirements. At individual locations, proper identification (i.e., driver's license) is required for access. In addition, at the State Military

Reservation at Virginia Beach, the Army Aviation Support Facility in Sandston and at Fort Belvoir, the identity of the driver who will secure the labs is required prior to arrival.

Q4: I am unfamiliar with the CMR application process and reporting requirements. Can you please elaborate on how this would work for a commercial reference laboratory?

A4: All contractors providing a service to the Department of Defense (DoD) must report all labor hours required for performance of contracted services. For laboratory testing services, this may include labor for the driver and labor for individuals at the laboratory facility performing tests, analysis, and/or reporting of results. Additional information regarding eCMRA requirements, including reporting requirements can be found at https://cmra.army.mil. To view the User Manuals, Frequently Asked Questions (FAQ) and Glossary, click on the hyperlink under Help Resources on the right side of the home page. This will display the Glossary. To the left of the Glossary, under Contents, there are hyperlinks to CMRA Overview and FAQ.

Q5: Will you consider use of existing DoD contracts or Federal Supply Schedules (FSS) for purposes of award?

A5: This solicitation is being issued using full and open competition procedures resulting in a indefinite delivery type contract. It is not the intent of the Virginia National Guard to issue an order for services under an existing

DoD contract or FSS.

Q6: Does the laboratory need to be physically located in Virginia?

A6: No. Regardless of physical location, the contractor will be responsible for meeting all contract requirements to include credentialing and time schedules for collection of samples and delivery of results.

Q7: How or will the government monitor accuracy of test results (i.e. correct/accurate lab test performed for the correct individual, accurate reporting, quality of the reports, etc.)?

A7: The requiring activity will manage a roster of lab reports requested with copies of the requisition forms. A quality control will be performed by comparing lab results with the order forms.

The following have been modified:

PERFORMANCE WORK STATEMENT

1. PURPOSE: The purpose of this requirement is to provide laboratory services to the Virginia National Guard for analyzing blood and urine samples provided by the National Guard. Conduct specific tests required as a result of routine physicals given to National Guard soldiers by the Federal Government.

2. SCOPE. The vendor is not required to draw blood samples but is required to provide pick up of samples, analyzation of samples, reporting of results, delivery of results and supply of all materials, supplies, forms, etc., required for use in collecting, packaging, documenting and shipping/delivery of samples and test results. Services shall be provided throughout the Commonwealth of Virginia. NOTE: Pricing for special/additional test(s) will be negotiated with the Virginia Army National Guard Contracting Office prior to being performed under this contract.

3. DELIVERY ORDERS. Delivery orders will be issued by the Virginia United States Property and Fiscal Office

(USPFO) Acquisition Support Office (ASO). The order will identify the test(s), estimated quantity per test(s), pickup location(s) and period of performance. If a specific pick-up location or date is not identified on the individual order, the Contracting Officer's Representative (COR) or Alternate COR is authorized to arrange for actual pickup dates and locations. The pickup dates must be within the time period specified on the delivery order and the pickup https://cmra.army.mil/ location can only be from a location identified in the contract Performance Work Statement (PWS). Quantities per test(s) shall not exceed those identified on the individual delivery order. Pickup locations may be from one or more of the locations identified in the Performance Work Statement (PWS). No minimum will be guaranteed.

Government shall only be required to pay for actual tests picked up, analyzed and reported in accordance with this contract.

4. SPECIFICATIONS.

4.1. Laboratory Test. Normal tests required are identified on the pricing schedule.

4.2. Credentials. Services shall be provided by an organization that is fully accredited and licensed in all phases of clinical and anatomical pathology. The contractor shall maintain all certifications, accreditations and licenses during the entire contract period, to include any option years. In case of the loss of any certifications, accreditations, and/or licenses, the contractor shall provide written notification to the government not later than 60 calendar days prior to the loss. Certifications, accreditations and licenses include:

College of American Pathologists’ Accreditation, Certification by Center for Disease Control for Blood, Lead and Drug Abuse Testing, and

Interstate laboratory License or Certification for each State where the vendor is authorized to conduct business.

4.3. Quality Control Plan (QCP): The Contractor shall provide a written QCP to the COR within 10 working days after date of award. The plan shall include a detailed discussion of the steps the contractor will take to ensure quality, adherence to schedule, proactive communication and adherence to budget. The QCP shall include a description of corrective action steps to take should performance be substandard. An organizational depiction of the project team and chain of command shall be included in the QCP.

4.4. Quality Assurance (QA): The Government will develop and utilize a quality assurance surveillance plan

(QASP). This plan shall be primarily focused on what the Government must do to ensure the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s).

4.5. Collection of Samples. The contractor is required to pickup samples within 24 hours of notification via delivery order. Pickup shall be available on any day (weekday or weekend) excluding federal holidays between the hours of

8:00 a.m. and 4:30 p.m. at any of the following locations:

MED COM

Building 1695, FT Pickett

Blackstone, Virginia 23824

State Military Reservation

General Booth Boulevard

Virginia Beach, Virginia 23451-5000

Army Aviation Support Facility

Flight Operations

700 Portugee Rd

Sandston, Virginia 23150

Bowling Green National Guard Armory

18272 AP Hill Blvd

Bowling Green, VA 22427

Gate City Armory

157 Beech Street

Gate City, VA 24251

Fort Belvoir Armory - 29th ID

9810 Flagler Road Bldg 268

Fort Belvoir, VA 22060

4.6. Recognized Holidays: The following are recognized federal holidays. A holiday which falls on a Saturday will be recognized on the Friday prior and a holiday which falls on a Sunday will be recognized on Monday. While the government does not anticipate services being needed on recognized Federal holidays, if services are required, advance notification will be provided.

New Year’s Day: January 1st

Martin Luther King, Jr.’s Birthday

President’s Day

Memorial Day

Independence Day: July 4th

Labor Day

Columbus Day

Veteran’s Day: November 11th

Thanksgiving Day

Christmas Day

4.7. Test Results. Results of laboratory tests shall be completed and made available to the Virginia Army National

Guard within forty-eight (48) hours from time of pick-up. Electronic delivery of results is the preferred method of delivery to the Virginia Army National Guard. Electronic delivery shall be secure and meet PII and HIPAA requirements. If results cannot be delivered electronically, the results shall be mailed to the Office of the State

Surgeon at the address below. The contractor is required to have the capability of faxing results if requested.

Results will be compared with order forms. Corrections and/or additional testing necessary as a result of inaccurate or incomplete testing shall be reperformed by the contractor at no additional cost to the government.

Virginia Army National Guard

ATTN: Office of the State Surgeon

Building 1876, FT Pickett

Blackstone, VA 23824

4.8. Supplies. Replacement supply costs shall be included in the unit price per test. Once per quarter, based on tests performed in the previous quarter, replacement supplies shall be delivered to the Office of the State Surgeon at the address listed above. The Virginia Army National Guard is responsible for further distributin to other locations if necessary. Replacement supplies include blood tubes, secure, weather proof, insulated pickup boxes, needles/needle holders, labels to label tubes, test order forms (pre-printed), urinalysis collection cups with covers, large transport bags (approximate size 15" x 22"), individual transport bags (approximate size 6" x 9"), syringes, vaccutainers, stool card kits.

4.9. Contactor personnel shall not perform inherently governmental functions (i.e., representation of government, decision authority, etc.).

4.10. Contractor personnel are responsible for protecting the confidential nature of soldiers’ files and medical issues.

4.11. The contractor is prohibited from releasing any medical, personnel, financial or supporting data provided by the Army National Guard to any government, non-government agency, or individual unless specifically authorized, in writing, by the Contracting Officer (KO). This includes any proprietary contractor information.

4.12. Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the Contracting Officer (KO). The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review contactor performance.

4.13. The contactor shall provide a primary point of contact and alternate who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the individual is absent, shall be designated in writing to the KO. The individual or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The individual shall work with the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The individual(s) shall ensure contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The individual(s) shall ensure contractor employees understand services performed outside the scope of the contract are not permitted.

5. Security.

5.1. Unscheduled gate closures by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

5.2. Contractor employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times. At individual locations, proper identification (i.e. driver's license) is required for access to the installation. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance.

5.3. Access and general protection/security policy and procedures. The contractor and all associated sub-contractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services or Security Office. At the State Military Reservation at Virginia Beach, the Army Aviation Support Facility in Sandston, VA and at Fort

Belvoir, the identification of the driver and any other accompanying personnel must be provided in advance of arrival. This information shall be provided to the COR, by email, a minimum of twelve hours prior to pickup.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition

(FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

5.4. COMSEC/IT Security. All communications with DOD organizations are subject to communications security

(COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DOD organizations. Therefore, the contractor is advised any time a call is placed or received parties are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DOD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

5.5. Protection of Personally Identifiable Information (PII). The contractor shall protect all Personally Identifiable

Information (PII) encountered in the performance of services in accordance with DFARS 224.103 and DoDD

5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals who’s PII has been compromised.

5.6. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 90 calendar days after contract start date. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR, within 30 calendar days of completion of training . AT Level I awareness training is available at http://jko.jten.mil.

5.7. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program. This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 90 calendar days of contract award and within 60 calendar days of new employees commencing performance with the results reported to the COR within 100 calendar days after contract award.

5.8. The contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist

Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures provided by the COR.

6. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors who violate the US Government policy as described at FAR 22.17.

7. Contractor Manpower Reporting Application (CMRA):

7.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site.

7.2. The contractor shall completely fill in all required data fields using the following web address:

http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013.

Contractors may direct questions to the help desk at http://www.ecmra.mil

8. The Government may evaluate the quality of the professional and administrative services provided by the contractor, but retains no control over the medical, professional aspects of services rendered. The contractor is required to indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance. The contractor is required to maintain medical liability insurance in a coverage amount not less than $1 million per occurrence; $3,000,000.00 in the aggregate. In addition, any subcontracts for provisions of health care services must contain the requirements for clause 52.237-7.

8. Billing Procedures:

8.1. The contractor is required to invoice electronically in accordance with clause 252.232-7006.

8.2. The contractor shall bill for actual number/type of tests performed, not the estimated quantity identified on the order. The number/type of tests invoiced shall not exceed the estimated quantity on the individual order without a supporting modification signed by a warranted contracting officer.

http://jko.jten.mil/ http://www.ecmra.mil/ http://www.ecmra.mil/

8.3. A separate document identifying the name of the patient (Last, First, MI) for which lab tests were performed is required to be submitted to the COR prior to or concurrent with the invoice posting in Wide Area Workflow

(WAWF). However, due to the sensitive nature of this information, the document should not be attached to the invoice in WAWF and is required to be submitted via encrypted email or other security means deemed to be acceptable by the COR.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) and RATING FOR PERFORMANCE

DELIVERABLES

The appointed Contracting Officer’s Representative (COR) will rate the contractor on at least a monthly basis according to the QASP. The rating scheme used to determine success and/or note the need for corrective action will be as follows:

GREEN: Yes, performance and technical specifications have been fully met.

YELLOW: Yes, performance and technical specifications are currently being met, however, violations have occurred during the rating period but do not exceed the maximum allowable.

RED: No, performance and technical specifications are not being met.

If a YELLOW or RED rating is received, the Government must identify what component of the deliverable and/or service requires attention or falls below the minimum acceptable quality level (AQL). Corrective action/remedy must occur per the performance objective standards as noted in the Rating for Performance Deliverables.

TABLE 1-PERFORMANCE CRITERIA FOR LABORATORY SERVICES

Performance Objective Performance Requirements Standard Acceptable Thresholds

Certification Contractor must maintain laboratory accreditation in accordance with (IAW) the

Performance Work Statement

(PWS)

100 No loss of accreditation within contract period

Sample Pick-up Contractor must pick up sample within 24 hrs of notification.

100 No more than 1 violation within

12 month period

Results Contractor will deliver complete and accurate results within 48 hours of sample pickup.

100 No more than 2 violations within 12 month period.

Supplies Contractor will deliver supplies within 7 calendar days after the end of each quarter IAW the performance work statement

100 No more than 2 violations within 12 month period.

Billing Contractor will bill for actual number and type of tests requested at the rate agreed upon in the contract and provide secure list of lab tests performed by patient name.

100 No more than 5 discrepancies per month.

No unsecure transactions within the contract period.

4. REMEDIES FOR CONTRACTOR NOT MEETING ACCEPTABLE QUALITY LEVELS OF

PERFORMANCE OBJECTIVES WITHIN A 12 MONTH PERIOD:

CERTIFICATION: Loss of accreditation within the contract period may result in the Government taking appropriate action as determined to be necessary under the terms and conditions of the contract.

SAMPLE PICK-UP: 1st violation: Government will provide written notice to the Contractor and may provide written notice to the Contractor that a corrective plan of action is required within 10 calendar days to prevent future occurrences; 2nd violation: Government may take appropriate action as determined to be necessary under the terms and conditions of the contract.

RESULTS: 1st violation: Government will provide written notice to the Contractor; 2nd violation: Government may provide written notice to the Contractor that a corrective plan of action is required within 10 calendar days to prevent future occurrences; 3rd violation: Government may take appropriate action as determined to be necessary under the terms and conditions of the contract.

SUPPLIES: 1st violation: Government will provide verbal notice to the Contractor; 2nd violation: Government may provide written notice to the Contractor; 3rd violation: Government may take appropriate action as determined to be necessary under the terms and conditions of the contract.

BILLING: 1st violation: Government will provide verbal notice to the Contractor; 2nd violation: Government will provide verbal notice to the Contractor and may provide written notice to the Contractor; 3rd and/or 4th violation:

Government may provide written notice to the Contractor that a corrective plan of action is required within 10 calendar days to prevent future occurrences; 5th violation: Government may take appropriate action as determined to be necessary under the terms and conditions of the contract.

SOLICITATION INFORMATION

1. PURPOSE: To provide laboratory services to the Virginia National Guard for analzying blood and urine samples during a twelve month ordering period with the option for a second twelve month ordering period.

2. SCOPE: See the Performance Work Statement (PWS).

3. BASIS FOR AWARD: Award will be made to the vendor whose quote is determinated to be low price, technically acceptable. To be determined technically acceptable, the following requirements must be met:

a. Contractor must be fully accredited and licensed in all phases of clinical and anatomical pathology.

Certifications, accreditations and licenses include: College of Amercian Pathologists' Accreditation, Certification by

Center for Disease Control for Blood, Lead and Drug Abuse Testing, and Interstate laboratory licese or certification the contractor is authorized to conduct business in the Commonwealth of Virginia.

b. Contractor must be able to provide pick-up services within twenty-four (24) hours of notification by the

COR at the locations identified in the PWS.

c. Contractor must be able to provide secure, electronic delivery or mailed test results within forty-eight

(48) hours from time of pick-up.

d. Contractor must have established quality controls to monitor the accuracy and precision of testing.

4. SUBMISSION REQUIREMENTS: In order to properly evaluate quotes, the following information is required to be submitted. Failure to provide one or more of the documents may result in the contractor's quote being determined non-responsive and the quote not being further considered for award.

a. Completed and signed Standard Form (SF) 1449, page 1

b. Completed pricing schedule

c. Representations and Certifications. 252.212-3 Alt I and 252.209-7991

d. Certifications, accreditations and licenses as required in paragraph 3a above.

e. No more than two typed pages addressing/supporting how the contractor can meet the required twenty-four (24) hour pick-up and forty-eight (48) hour delivery requirements identified in paragraphs 3b and c above.

f. No more than two typed pages synopsizing the contractor's established quality controls to monitor the accuracy and precision of testing.

5. RESPONSE DEADLINES:

a. Questions shall be submitted in writing to rebecca.l.fowler6.civ@mail.mil not later than 4:00 p.m. ET, Tuesday, December 8, 2015.

b. Quote packages shall be submitted electronically to rebecca.l.fowler6.civ@mail.mil not later than the date and time specified in block 8 on page 1 of the SF1449 unless otherwise amended via a solicitation amendment

(SF30) or directly on the Federal Business Opportunities (https://www.fbo.gov) webpage.

6. FAR 52.212-1 Addendum - Paragraphs (d) Product Samples, (e) Multiple Offers and (h) are hereby deleted.

7. WAGE DETERMINATION: As FAR Clause 52.222-41, Service Contract Labor Standards is applicable to this requirement, the contractor must pay each service employee performing work under this contract not less than the minimum wages and fringe benefits in accordance with the applicable wage determination for the state and county in which work will be performed. As work will be performed at the contractor's facility and the location will not be known until time of award, each interested vendor is required to review and price according to the applicable wage determination for their location(s). Wage determinations can be viewed at http://www.wdol.gov/sca.aspx. The wage determination in effect at the time of award for the performance location of the successful contractor will be included in any resulting award.

The following have been deleted:

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

(End of Summary of Changes) mailto:rebecca.l.fowler6.civ@mail.mil mailto:rebecca.l.fowler6.civ@mail.mil https://www.fbo.gov/ http://www.wdol.gov/sca.aspx