D399--Dish Network Service Contract for the Amarillo VA Medical Center

Page 12 of 12

This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number 36C25720Q0474 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular.

SET-ASIDE: This procurement is a 100% Total Small Business Set-Aside. The associated North American Industrial Classification System (NAICS) code for this requirement is NAICS Code 515210 Cable and Other Subscription Programming. To be eligible for award, Offerors must be considered a small business under the applicable North American Industry Classification System (NAICS) code assigned to the acquisition and possess a valid and active System for Award Management (SAM) registration. Only qualified parties shall submit a quote/offer.

NAICS Code: 515210 and Size Standard is $41.5M.

Introduction: The Government intends to award a firm fixed price base with four option year renewal contract based on this solicitation.

Description of Services: Services for Dish Network subscription. See Statement of Work for full details.

Place(s) of Performance:

Thomas E Creek VA Medical Center

6010 Amarillo Blvd. West

Amarillo, TX. 79106

Building 01, Penthouse and 5th. Floor Room 5102

Type of Contract: A Firm Fixed Price

Period of Performance:

Base: July 1, 2020 June 30, 2021

Option Year One: July 1, 2021 June 30, 2022

Option Year Two: July 1, 2022 June 30, 2023

Option Year Three: July 1, 2023 June 30, 2024

Option Year Four July 1, 2024 June 30, 2025

The following clauses and provisions apply to this solicitation:

52.209-5, Certification Regarding Responsibility Matters

52.212-3, Offeror Representations and Certifications-Commercial Items

52.212-4, Contract Terms and Conditions-Commercial Items

52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items

52.217-8, Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

(End of Clause)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Addendum)

52.217-9, Option to Extend the Term of the Contract

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Right

52.203-99 Prohibition of Contracting with Entities That Require Certain Internal Confidentiality Agreements

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01)

Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

Applicability. This clause applies only to

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as describe in 8.405-5 and 16.505(b)(2)(i)(F).

c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns

that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern

may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of Clause)

52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).

52.222-3, Convict Labor

52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67)

52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67)

52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.232-19, Availability of Funds for the Next Fiscal Year

52.228-5 Insurance-Work on a Government Installation (JAN 1997)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management

52.237-3 Continuity of Services (JAN 1991)

52.232-39, Unenforceability of Unauthorized Obligations (In the FAR https://www.acquisition.gov/far/html/52_232.html#wp1160005)

52.233-3, Protest after Award (In the FAR https://www.acquisition.gov/far/html/52_233_240.html)

852.203-70, Commercial Advertising (JAN 2008)

852.232-72, Electronic Submission of Payment Requests

852.237-70, Contractor Responsibilities

52.252-1, Solicitation Provisions Incorporated by Reference:

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es).

52.252-2, Clauses Incorporated by Reference:

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

VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's

business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs

VAMC (688)

Chief, Contracting (90C)

50 Irving Street NW

Washington DC 20422

Mailing Address:

Department of Veterans Affairs

VAMC (688)

Chief, Contracting (90C)

50 Irving Street NW

Washington DC 20422

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision)

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics,

Risk Management Team, Department of Veterans Affairs

810 Vermont Avenue, N.W.

Washington, DC 20420

Or for solicitations issued by the Office of Construction and Facilities Management:

Director, Office of Construction and Facilities Management

811 Vermont Avenue, N.W.

Washington, DC 20420

REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPARS):

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $100,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor Performance System (CPARS), which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

Each contractor whose contract award is estimated to exceed $100,000.00 is required to register with the NIH CPS database at the following web address: http://www.cpars.gov/

Training and help in registering can be obtained by contacting the point of contact information listed at this website and the hyper-link for training or by phone at 207-438-1690.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the contractor s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

The Duncan Hunter National Defense Authorization Act of 2009 (Public Law 110-417) was enacted on October 14, 2008. Section 872 of this Act required the development and maintenance of an information system that contains specific information on the integrity and performance of covered Federal agency contractors and grantees. The Federal Awardees Performance and Integrity Information System (FAPIIS) were developed to address these requirements. FAPIIS is a distinct application that is accessed through the Past Performance Information System (PPIRS) and is available to federal acquisition professionals for their use in award and responsibility determinations. FAPIIS provides users access to integrity and performance information from the FAPIIS reporting module in the Contractor Performance Assessment Reporting System (CPARS), proceedings information from the Central Contractor Registration (CCR) database, and suspension/disbarment information from the Excluded Parties List system (EPLS).

SUBMISSION OF QUOTE (FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL ITEMS):

The Offeror shall submit their quote on company letterhead and shall include unit price, overall total price, name, address, and telephone number of the offeror, firm's DUNS# and ORCA document in SAM at www.sam.gov. Complete copy of 52.212-3 Offerors Representations and Certifications- Commercial Items, and ORCA document.

The offeror shall provide sufficient evidence that they possess adequate resources, capability, experience, responsibility and integrity to meet the technical capabilities to comply with the requirements of the resulting contract.

The offeror shall meet the limitation in subcontracting clause. The subcontract vendor must be similarly situated in the same

The offeror shall outline how they will be in agreeance/compliance with the limitations on subcontracting requirements in 13 CFR §125.6. Any quotes using subcontractors or teaming partners to perform any part of the work must show the subcontractor or teaming partner to be similarly situated as the prime. A similarly situated subcontractors or teaming partners is a company who has the same size standard and NAICS code as the prime offeror/vendor.

Similarly situated entity is a subcontractor that has the same small business program status as the prime contractor. This means that: For a HUBZone requirement, a subcontractor that is a qualified HUBZone small business concern; for a small business set-aside, partial set-aside, or reserve a subcontractor that is a small business concern; for a SDVO small business requirement, a subcontractor that is a self-certified SDVO SBC; for an 8(a) requirement, a subcontractor that is an 8(a) certified Program Participant; for a WOSB or EDWOSB contract, a subcontractor that has complied with the requirements of part 127. In addition to sharing the same small business program status as the prime contractor, a similarly situated entity must also be small for the NAICS code that the prime contractor assigned to the subcontract the subcontractor will perform.

QUOTE SUBMISSION INSTRUCTIONS AND EVALUATIONS:

Evaluation of quotes will be conducted using Simplified Acquisition Procedures in accordance with FAR 13.106-2 Evaluation of Quotes. The Government intends to award one contract resulting from this solicitation.

Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process.

Offeror quotes shall be evaluated under FAR 13.106-2(b)(3) Comparative Evaluation. Therefore, the Government is not obligated to determine a competitive range, conduct discussions with all contractors, solicit final revised quotes, and use other techniques associated with FAR Part 15. The contracting techniques associated with FAR Part 15 are not mandatory.

The Government shall award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation shall be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price (Follow these instructions):

Offeror shall complete the Price Schedule, with offerors proposed contract line item prices inserted in appropriate spaces.

Ensure your representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, you will need to fill out solicitation Clause 52.212-3 "Offeror Representation and Certifications -Commercial Items" and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Offerors are encouraged to ensure that they are registered in SAM prior to submitting their quotation.

Past Performance:

Provide (3) references of work, similar in scope and size with the requirement detailed in the Statement of Work. References must include contact information; brief description of the work completed, and contract # (if relevant). References may be checked by the Contracting Officer to ensure your company is capable of performing the Statement of Work. The Government also reserves the right to obtain information for use in the evaluation of past performance from any and all sources.

The Contracting Officer may also use information available in the Past Performance Retrieval System (PPIRS) when evaluating contractor past performance. The contracting will review PPIRS for offerors for the last 3 years. If no past performance is available in PPIRS it will be considered acceptable and or neutral.

Technical: The offeror s quote shall be evaluated to determine if the organization has the experience and capabilities to provide the requested services IAW the Statement of Work in a timely efficient manner.

Contractor shall provide their relevant experience and approach to meet all requirements stated in the Statement of Work.

TECHNICAL QUESTION SUBMISSION: Questions must be received no later than April 6, 2020 at 10:00am CST. Email your questions directly to Glenda.davis@va.gov. The subject line must specify: RFQ 36C25720Q0474- Questions. There will be no automated email notification of receipt of questions. An amendment/modification to the Solicitation will be posted to FBO answering all questions submitted.

RFQ QUOTE SUBMISSION: Quotes must be received no later than April 13, 2020 11:59pm CST. Email your quote directly to Glenda.davis@va.gov. The subject line must specify: RFQ 36C25720Q0474.- Quotes/Offers. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered.

QUOTE SHOULD BE BROKEN DOWN AS FOLLOWS:

PRICE/COST SCHEDULE

Base Period: July 1, 2020 June 30, 2021

CLIN*

DESCRIPTION

QTY

UNIT

UNIT PRICE

Total Price

1

Annual Dish Network Subscription of AT-120 Plus for 472 Drops

12

Month

2

add on Packages HD

12

Month

3

Pequeno Latino

12

Month

4

Leisure Pack

12

Month

5

Hospitality Plus

12

Month

6

Starz Encore Movies

12

Month

7

Free Access

12

Month

Option Period 1: July 1, 2021 June 30, 2022

CLIN*

DESCRIPTION

QTY

UNIT

UNIT PRICE

Total Price

1

Annual Dish Network Subscription of AT-120 Plus for 472 Drops

12

Month

2

add on Packages HD

12

Month

3

Pequeno Latino

12

Month

4

Leisure Pack

12

Month

5

Hospitality Plus

12

Month

6

Starz Encore Movies

12

Month

7

Free Access

12

Month

Option Period 2: July 1, 2022 June 30, 2023

CLIN*

DESCRIPTION

QTY

UNIT

UNIT PRICE

Total Price

1

Annual Dish Network Subscription of AT-120 Plus for 472 Drops

12

Month

2

add on Packages HD

12

Month

3

Pequeno Latino

12

Month

4

Leisure Pack

12

Month

5

Hospitality Plus

12

Month

6

Starz Encore Movies

12

Month

7

Free Access

12

Month

Option Period 3: July 1, 2023 June 30, 2024

CLIN*

DESCRIPTION

QTY

UNIT

UNIT PRICE

Total Price

1

Annual Dish Network Subscription of AT-120 Plus for 472 Drops

12

Month

2

add on Packages HD

12

Month

3

Pequeno Latino

12

Month

4

Leisure Pack

12

Month

5

Hospitality Plus

12

Month

6

Starz Encore Movies

12

Month

7

Free Access

12

Month

Option Period 4: July 1, 2024 June 30, 2025

CLIN*

DESCRIPTION

QTY

UNIT

UNIT PRICE

Total Price

1

Annual Dish Network Subscription of AT-120 Plus for 472 Drops

12

Month

2

add on Packages HD

12

Month

3

Pequeno Latino

12

Month

4

Leisure Pack

12

Month

5

Hospitality Plus

12

Month

6

Starz Encore Movies

12

Month

7

Free Access

12

Month

Contract Total Base and all option years

PRICE/COST SCHEDULE (IAW FAR 52.217-8 EXTENSION OF SERVICES)

ITEM INFORMATION

Extension Period: July 1, 2025 December 30, 2025

CLIN*

DESCRIPTION

QTY

UNIT

UNIT PRICE

Total Price

1

Annual Dish Network Subscription of AT-120 Plus for 472 Drops

6

Month

2

add on Packages HD

6

Month

3

Pequeno Latino

6

Month

4

Leisure Pack

6

Month

5

Hospitality Plus

6

Month

6

Starz Encore Movies

6

Month

7

Free Access

6

Month

STATEMENT OF WORK

GENERAL: The contractor shall provide all supervision, labor, expertise, equipment, personnel, and any other applicable items needed to provide Dish network services for the Thomas E. Creek VA Medical Center located in Amarillo, TX.

DESCRIPTION OF WORK: The Vendor shall provide all required services and channels for annual subscription service consisting of, America Top 120 Plus, and the add on packages of Add HD , Pequeno Latino , Leisure Pack , Hospitality Plus , and Starz Encore Movies . Channel lineup will start with channel 2 and end with channel 96. in accordance with the original specifications.

CHANNEL LINE UP

2 VA Broadcast

3 KACV-PBS, Amarillo TX. Off Air Antenna

4 C-span Free Access Channel

5 KAMR (NBC), Amarillo, TX. Off Air Antenna

6 VA Broadcast

7 AXS TV AT-120 Plus

8 KVII (ABC), Amarillo, TX. Off Air Antenna

9 VA Broadcast

10 Univision Pequeno Latino

11 KVII (The CW), Amarillo TX. Off Air Antenna

12 KFDA (CBS, Amarillo TX. Off Air Antenna

13 KCIT (FOX 14), Amarillo TX. Off Air Antenna

14 Inspiration Free Access Channel

15 Eternal World TV (EWTN) Free Access Channel

16 KEYU Telemundo Off Air Antenna

17 The Weather Channel AT-120 Plus

18 UniMas Pequeno Latino

19 Galavision Pequeno Latino

20 KPTF-IND., Farwell TX. Off Air Antenna

21 Fox Sports South West

22 Home Shopping Network (HSN) Free Access Channel

23 Bravo Leisure Pack

24 TBS AT-120 Plus

25 USA Network AT-120 Plus

26 ESPN AT-120 Plus

27 ESPN 2 AT-120 Plus

28 Freeform AT-120 Plus

29 Lifetime Television AT-120 Plus

30 Discovery Channel AT-120 Plus

31 Arts & Entertainment, A&E AT-120 Plus

32 Disney Channel AT-120 Plus

33 FOX Sports 2 AT-120 Plus

34 Trinity Broadcasting (TBN) Free Access Channel

35 Investigation Discovery (ID) Leisure Pack

36 Oprah Winfrey Network (OWN) Hospitality Plus

37 CNBC AT-120 Plus

38 American Movie Classics (AMC) AT-120 Plus

39 National Geographic (Nat Geo) Hospitality Plus

40 Longhorn Network AT-120 Plus

41 RFD TV Leisure Pack

42 TNT AT-120 Plus

43 FX AT-120 Plus

44 FOX News Channel AT-120 Plus

45 Hallmark Movies & Mysteries Leisure Pack

46 Lifetime Movie Network (LMN) Leisure Pack

47 The Travel Channel AT-120 Plus

48 Animal Planet Leisure Pack

49 TruTV AT-120 Plus

50 The Learning Channel (TLC) AT-120 Plus

51 Golf Hospitality Plus

52 Cartoon Network AT-120 Plus

53 FXX AT-120 Plus

54 CNN AT-120 Plus

55 The History Channel AT-120 Plus

56 Home & Garden TV (HGTV) AT-120 Plus

57 NBC Sports Network (NBCSN) Hospitality Plus

58 Fox Sports 1 AT-120 Plus

59 Science Fiction Channel (Syfy) AT-120 Plus

60 Turner Classic Movies Leisure Pack

61 Starz Encore Westerns Starz Encore Movies

62 Headline News AT-120 Plus

63 MSNBC AT-120 Plus

64 Black Entertainment TV (BET) Hospitality Plus

65 Food Network AT-120 Plus

66 Entertainment (E!) AT-120 Plus

67 Starz Encore Action Starz Encore Movies

68 Starz Encore Suspense Starz Encore Movies

69 Major League Baseball (MLB) Hospitality Plus

70 Nick Jr. Hospitality Plus

71 Christian TV Network Free Access

72 3 Angel Broadcasting Network Free Access

73 Believers Voice of Victory Free Access

74 CMT AT-120 Plus

75 Comedy Central AT-120 Plus

76 Game Show Network (GSN) Leisure Pack

77 WGN Cable AT-120 Plus

78 Paramount Network AT-120 Plus

79 TV Land AT-120 Plus

80 Motor Trend AT-120 Plus

PLACE OF PERFORMANCE:

Thomas E Creek VA Medical Center

6010 Amarillo Blvd. West

Amarillo, TX. 79106

Building 01, Penthouse and 5th. Floor Room 5102

PERIOD OF PERFORMANCE:

Base: July 1, 2020 June 30, 2021

Option Year One: July 1, 2021 June 30, 2022

Option Year Two: July 1, 2022 June 30, 2023

Option Year Three: July 1, 2023 June 30, 2024

Option Year Four July 1, 2024 June 30, 2025

CERTIFICATIONS: N/A.

Hours of Performance: N/A

HOLIDAYS: The following is a list of U.S. Government holidays. If the holiday falls on a

Saturday, the proceeding Friday is observed as the holiday; if the holiday falls on a Sunday, the following Monday is observed as the holiday and any other day specifically declared by the President of the United States to be a national holiday.

HOLIDAY

DATE

New Year s Day

Jan 1

Martin Luther King s Birthday

3rd Monday in Jan

President s Day

3rd Monday in Feb

Memorial Day

Last Monday in May

Independence Day

July 4

Labor Day

1st Monday in Sep

Columbus Day

2nd Monday in Oct

Veterans Day

Nov 11

Thanksgiving Day

4th Thursday in November

Christmas Day

December 25

CONTRACTING OFFICER REPRESENTATIVES: Prior to contract award, the Contracting Officer shall designate a VA Medical Center employee as the COR. All work coordination shall be made through the COR. The Contractor shall be provided a copy of the letter of delegation authorizing the COR at the commencement of the term of the contract. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.

INFORMATION TECHNOLOGY SECURITY REQUIREMENTS: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. The contractor shall comply with all Federal laws and regulations the VA has developed when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor. The information made available to the contractor by VA for the performance of this contract will be used only for the purposes of performance under this contract. The certification and accreditation requirements do not apply to this requirement and a security accreditation package is not required.

GOVERNMENT BADGES: The Contracting Officer Representative (COR) or VAMC

Representative will coordinate the issuance of required access badges to Contractor personnel. Contractor personnel shall wear laminated identification badges provided by the Government always when performing. Badges shall be worn on the outer garment, attached to the outer shirt or jacket pocket by a button or clip or worn around the neck secured by an appropriate identification card lanyard.

Government issued identification badge remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

CONTRACTOR BADGES (NOT APPLICABLE): All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

SAFETY/SECURITY REQUIREMENTS: The Contractor shall comply with all applicable federal, state and local laws and ensure performance is secure while protecting material, equipment, and actor supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the COR.

ADDITIONAL REQUIREMENTS: All penetrations through walls will be filled with VA approved fire caulk. All penetrations will be inspected by VA Safety Personnel.

A copy of the approved Interim Life Safety Measures, (ILSM) and Infections Control Risk Assessment, (ICRA) documents must be displayed at all time during the installation.

PREVENTIVE MAINTENANCE: PMs will be scheduled in advance and conducted annually. It is the contractor's responsibility to schedule preventive maintenance as listed. PM procedures subscribed to must follow manufacturer s specifications and must be documented and submitted in writing to biomedical engineering. Upon completion of PM procedures, an applicable label should be applied to the unit, indicating the date of PM performance, the next date following PM is due, as well as the initials of the individual that performed the PM. At inception of contract, PM shall include, at a minimum, electrical safety testing, lubrication adjustment, calibration, testing and replacement of faulty parts and/or parts which are likely to fail at no additional charge.

At the completion of each service call/PM, the contractor will provide a written service report to Biomedical Engineering. This report will clearly show the date of service, type of service performed, model and serial numbers, name of field technician(s) a description of the work performed, a list of any parts replaced, and the unit condition as left at the completion of said work.

LIQUIDATED DAMAGES: Contractor shall be liable to the government for losses of production due to significant equipment downtime. Significant equipment downtime is that which exceeds ten (10) hours/month. Records regarding downtime will be kept by the Contracting Officers technical representative and the maintenance contractor. Equipment downtime is calculated only from those normal hours of coverage (see hours of coverage section), that the scheduled equipment is not fully operational. Downtime will begin when the contractor is required to be on the site after notification by the Contracting Officer, Contracting Officers Representative or designated alternate. Downtime will accumulate until the scheduled equipment is returned to full and usual operation and accepted as such by the contracting officer, contracting technical representative or designated alternate. If downtime exceeds sixteen (16) consecutive hours, the contracting officer may exercise the option to hire and alternate source to resolve the problem. The decision to exercise this alternative will reside exclusively with the contracting officer. All fees generated by the alternate contractor(s) will be handled in accordance with default clause.

VENDOR MUST COMPLY WITH: VA HANDBOOK 6500.6 MARCH 12, 2010 APPENDIX C C-9 (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

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

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

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

The C&A requirements do not apply, and that a Security Accreditation Package is not required

CONDUCT OF PERSONNEL: Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, a suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from the Government facility. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement. The Government shall not reimburse the Contractor for travel and other expenses associated with the removal of personnel. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of three inches, while assigned under this contract.

CONTRACTORS ATTIRE AND APPEARANCE: Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities. The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the Contracting Officer prior to clearance approval, for review and acceptance by the COR. The intent is verification purpose and not for the Government to become the hiring authority.