J--Full-Service Contract for Veran Medical SPiN Thoracic Sys400

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 36C25720Q0260 is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. SOLICITATION NOTICE OF TIERED EVALUATIONS This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127. TIERED EVALUATIONS INCLUDING SMALL BUSINESS CONCERNS: This solicitation is being issued as a tiered evaluation for SDVOSB concerns, or in the alternative, a tiered evaluation for VOSB concerns, or in the alternative, a set-aside for other small business concerns with HUBZone small business concerns and 8(a) participants having priority. If award

cannot be made, the solicitation will be cancelled, and the requirement resolicited. In order to be eligible for award under SDVOSB or VOSB concerns in accordance with the authority of 38 U.S.C. 8127(d) an offeror must be certified/verified in VetBiz (www.vip.vetbiz.gov), and small for the applicable NAICS code at the time of the quote submission and at the time of award. Status as a qualified SDVOSB concern is under the authority of 38 CFR Part 74 and in accordance with the VA Acquisition Regulation (VAAR) Part 819. Eligibility determination is performed by the Center for Veterans Enterprise (CVE). Only qualified offerors may submit bids. NAICS Code: 811219 and Size Standard is $22M. Introduction: A Firm Fixed Price award will be made to the lowest priced quote which conforms to the requirements within this solicitation and represents the best price to the Government. Description of Services: The contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items necessary to provide a full-service contract for the Veran Medical SPiN Thoracic Sys4000 software and hardware equipment located at the North Texas Health Care System. Place of Performance: Dallas VA Medical Center 4500 South Lancaster Road Dallas, TX 75216-7167 Type of Contract: A Firm Fixed Price Period of Performance: Base Period: February 1, 2020 January 31, 2021 Option Period One: February 1, 2021 January 31, 2022 Option Period Two: February 1, 2022 January 31, 2023 Option Period Three: February 1, 2023 January 31, 2024 Option Period Four: February 1, 2024 January 31, 2025 The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Items (OCT 2018) 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.216-1 Type of Contract (APR 1984) 852.209-70 Organizational Conflicts of Interest (JAN 2008) 852.270-1 Representatives of Contracting Officers (JAN 2008) FAR 52.212-3, Offerors Representations and Certifications Commercial Items (OCT 2018) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Items (OCT 2018) addenda to FAR 52.212-4 attached 52.204-13 System for Award Management Maintenance (OCT 2018) 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). 52.217-9, Option to Extend the Term of the Contract 52.232-19, Availability of Funds for the Next Fiscal Year 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 852.203-70 Commercial Advertising (MAY 2008) 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (JUL 2016) (DEVIATION) 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-Aside (JUL 2016) (DEVIATION) 852.219-74 Limitations on Subcontracting Monitoring and Compliance (JUL 2018) (DEVIATION) (a) This solicitation includes VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside, VAAR 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside and 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. 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. 852.232-72 Electronic Submission of Payment Requests (NOV 2018) 852.237-70 Contractor Responsibilities (APR 1984) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JAN 2019) The following subparagraphs of FAR 52.212-5 are applicable: 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2018) 52.204-14, Service Contract Reporting Requirements 52.209-6, Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) 52.222-3, Convict Labor (JUNE 2003) 52.222-21, Prohibition of Segregated Facilities (APR 2015) 52.222-26, Equal Opportunity (SEPT 2016) 52.222-35, Equal Opportunity for Veterans (OCT 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-37, Employment Reports on Veterans (FEB 2016) 52.222-50, Combating Trafficking in Persons (JAN 2019) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) 52.222-41, Service Contract Labor Standards (AUG 2018) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) 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) 52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment. Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) (a) Definitions. As used in this provision Covered telecommunications equipment or services , Critical technology , and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Representation. The Offeror represents that It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer (1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End of Clause) 52.204-25 Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) (a) Definitions. As used in this clause Covered foreign country means The People s Republic of China. Covered telecommunications equipment or services means (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104. (c) Exceptions. This clause does not prohibit contractors from providing (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. (End of Clause) QUOTE SUBMISSION INSTRUCTIONS AND EVALUATIONS: RFQ QUESTION SUBMISSION: Questions must be received no later than Thursday, January 21, 2020 at 9:00am CST. Email your questions directly to Victoria.Rone3@va.gov. The subject line must specify: RFQ 36C25720Q0260 - 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. EVALUATION OF QUOTES: 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 o 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. 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. The Government will evaluate proposals across three (3) non-price factors and one (1) price factor for a total of four (4) evaluation factors as follows: Technical Proposal Past Performance Certifications/Qualifications for accomplishing repairs and maintenance for the Veran Medical SPiN Thoracic Sys4000 software and hardware equipment listed in Statement of Work and authorization to service this equipment on only Veran Medical Technologies letterhead Price Each factor will be rated as Satisfactory on Unsatisfactory . The priority to the Government of each factor is as follows: Factor One is more important than past performance. Factor Two and Factor Three are more important than price. The combined rating of the non-price factors is more important than price. Then price. Any quotes received without the documentation outlined under Factor Three will be eliminated from consideration. Quotes rated as Unsatisfactory in the Technical Proposal factor will be eliminated from further consideration. Quotes with the highest rated combined non-price (Technical, Past Performance, Certifications/Qualifications) factors will be evaluated against price. Pricing will be evaluated in relation to the discernible value of the combined non-price factors. Quotes must be received no later than Friday, January 24, 2020 9:00am CST. Email your quote directly to Victoria.Rone3@va.gov. The subject line must specify: RFQ 36C25720Q0260- Quote. 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 ITEM INFORMATION ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12.00 MO $___________ $_________ Full-Service Contract for Veran Medical SPiN Thoracic Sys4000 Contract Period: Base February 1, 2020 January 31, 2021 0002 12.00 MO $___________ $__________ Full-Service Contract for Veran Medical SPiN Thoracic Sys4000 Contract Period: Option 1 February 1, 2021 January 31, 2022 0003 12.00 MO $__________ $_________ Full-Service Contract for Veran Medical SPiN Thoracic Sys4000 Contract Period: Option 2 February 1, 2022 January 31, 2023 0004 12.00 MO $__________ $_________ Full-Service Contract for Veran Medical SPiN Thoracic Sys4000 Contract Period: Option 3 February 1, 2023 January 31, 2024 0005 12.00 MO $__________ $___________ Full-Service Contract for Veran Medical SPiN Thoracic Sys4000 Contract Period: Option 4 February 1, 2024 January 31, 2025 GRAND TOTAL $_____________ STATEMENT OF WORK DESCRIPTION OF WORK: The contractor shall provide a service contract for the Veran Medical SPiN Thoracic Sys4000 software and hardware equipment at the VA Medical Center located in Dallas, TX, which is part of the VA North Texas Healthcare System (VANTHCS). The Veran Medical SPiN Thoracic Sys4000 is a lung navigation software, hardware and bronchoscopy lung access tool utilized for early lung cancer diagnosis. PLACE OF PERFORMANCE: Dallas VA Medical Center 4500 South Lancaster Road Dallas, TX 75216-7167 TYPE OF CONTRACT: A Firm Fixed Price PERIOD OF PERFORMANCE: Base Period: February 1, 2020 January 31, 2021 Option Period One: February 1, 2021 January 31, 2022 Option Period Two: February 1, 2022 January 31, 2023 Option Period Three: February 1, 2023 January 31, 2024 Option Period Four: February 1, 2024 January 31, 2025 EQUIPMENT IDENTIFICATION: Equipment Type Quantity Model Number Serial Number Location/Room # Manufacture Date Sys 4000 SPiN Thoracic Navigation System 1 IG4 IR FGCO-S04011 5C131-2-D Feb 2018 REQUIREMENTS: The contractor shall supply all labor, expertise, parts, and preventative maintenance services. The contractor shall provide software upgrades at no additional cost to the Government. The contractor shall provide a secure, HIPPA-compliant virtual portal for the Government to answer questions before, during and after procedures. The contractor shall perform all maintenance, repair, and services in accordance with OEM guidelines. The contractor shall provide coverage services that cover lost and damaged hardware. The contractor shall be an authorized vendor for the OEM. The contractor shall have full access and authorization to OEM software. The contractor shall warrant all services and repair work. The contractor shall be responsible and incur all freights costs incurred for the shipment of replacement parts. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this Statement of Work. The Contractor shall maintain the personnel, organization and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The contractor shall maintain a record of all maintenance and repairs. SERVICE COVERAGE: SOFTWARE i. Navigation Software: The contractor will provide support for the endobronchial navigation software utilized by the System at the time of purchase. ii. Software Revisions: The contractor shall provide supported software revisions to the System. During the term of the contract, Veran will install at no additional charge all supported software revisions within a commercially reasonable timeframe of software release. iii. On-site Inspection and Servicing: The contractor will complete an annual inspection of the System and provide service visits between the hours of 8:00 AM and 5:00 PM (CST) Monday through Friday, excluding nationally observed holidays. The annual inspection and service visit shall be scheduled in advance at a mutually agreeable time for such time as is reasonably necessary to complete the service required. iv. vSupport Contractor shall provide technical assistance and troubleshooting through Veran s virtual face-to-face clinical Team support platform, which is available at 866-508-9653. v. Additional Support. Contractor technical support staff shall provide phone and computer-based technical assistance and troubleshooting with VA personnel at the VA personnel s request, to be scheduled at a mutually agreeable time. (b) HARDWARE Hardware. The contractor shall provide services to cover the hardware incorporated into the System at the time of purchase that supports the System s current capabilities on the date of purchase. Repair/Replacement Plan. The contractor shall provide serviceable parts and labor coverage (including travel and labor costs) for system failures that result from normal product use, including lost or damaged hardware. If contractor is unable to repair the System or deems, in its sole discretion, that a repair is not cost effective, contractor will provide a replacement System with the same or superior features and functionality, including the cost of installation in the original Location and initial training (to the extent applicable for a new model of System). Hardware Maintenance. The contractor will provide corrective and/or preventative maintenance on the System s hardware and component parts, including labor and travel costs, free of charge to Customer at Customer s request up to once every six (6) months SERVICEABLE PARTS AND SOFTWARE: Part Number Part Description SFT-0011 SPiN Drive® Software Upgrade SFT-0010 SPiN Planning Software Upgrade SFT-0012 SPiN IR Software Upgrade SYS-0185 SPiN Planning Laptop Workstation SYS-0221 Aurora System Control Unit Version 3 SYS-0174 Aurora Field Generator Version 3 SYS-0238 Aurora Sensor Interface Unit 6 Port SYS-0112 Slim Cool Keyboard, Hygienic White SYS-0113 Mighty Mouse, w Scroll SYS-0247 User Interface Tablet SYS-0244 Digital Video Converter Unity SYS-0232 CPU Unity (Master Computer) SYS-0163 USB SuperDrive SYS-0226 15 Touchscreen Monitor SYS-0190 24 Tru-Vu Monitor SYS-0195 Isolation Transformer 1000W SYS-0196 UPS 120V SYS-0198 Battery SYS-0136 SIU to vPad Adapter Cable SYS-0178 SIU to Instrument Cable V2 SYS-0241 DVI - DVI Cable 3 ft. SYS-0181 FG Mount Attachments, Friction Adjust Ver 2 SYS-0200 Remote User Interface SYS-1500 SPiN View Console HOURS: 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. All services and work carried out shall occur off-Site and at the repair depot. 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 DOCUMENTATION: Contractor shall furnish a detailed field service report upon completion of work to Biomedical Staff in the Biomed Department. Payment will not be processed until a properly completed service report is received. The service report shall contain, at a minimum, the following information: Type, model and serial number (s) of all equipment on which maintenance was performed Total time spent performing maintenance. Detailed narrative description of the services required Copies of all test reports Complete list of parts replaced Date and time the repair was completed Purchase Order Number The service report shall itemize every item in the specification. Each item shall state the "as found" condition or values, the "calibrated to" or "adjusted to" values, the factory design tolerances, and a complete description of all work performed concerning the items. Included will be a list of new parts used and recommended future repairs. 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. 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. 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. 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. GENERAL RULES OF BEHAVIOR: a. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job. b. The following rules apply to all VA contractors. I agree to: (1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract. (2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions. (3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE. (4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract. (5) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COTR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee. (6) Contractors use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply. (7) Grant access to systems and information only to those who have an official need to know. (8) Protect passwords from access by other individuals. (9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question. (10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA. (11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders. (12) Ensure that the COTR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs. (13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COTR. (14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COTR. (15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA. (16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COTR. (17) Understand that restoration of service of any VA system is a concern of all users of the system. (18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access. RECORDS MANAGEMENT STATEMENT All records (administrative and program specific) created during the period of the contract belong to VA North Texas Health Care System (VANTXHCS) and must be returned to VANTXHCS at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. 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 by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract or identified in the RCS 10-1. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. 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 this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.