B.1 CONTRACT ADMINISTRATION DATA (continuation from ...



TC "SECTION A" \l 1TC "A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS" \l 2PAGE 1 OF1. REQUISITION NO. 2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE: % FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TO CODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. TOTAL AWARD AMOUNT (For Govt. Use Only)27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS152See continuation pagesfor funding information36C25218R104010-23-2018McMillin, Ryan414-844-483911-23-20181600 Local36C252Department of Veterans AffairsGreat Lakes Acquisition Center (GLAC)115 S 84th Street, Suite 101Milwaukee WI 53214-1476XY621610$15 MillionN/AXShipping and delivery instructions areincluded in the SOW 53214-147636C252Department of Veterans AffairsGreat Lakes Acquisition Center (GLAC)115 S 84th Street, Suite 101Milwaukee WI 53214-1476 Department of Veterans AffairsFinancial Services CenterPO Box 149971Austin TX 78714-9971877-353-9791512-460-5540See continuation pages for CLINsVISN-Wide Requirements contract for Home Respiratory and DMEServicesIt is anticipated that this RFP's period of performance willbegin on 01/01/2019The contract resulting from this solicitation will have a one year base period and four option years to extend.XXX1SCOTT IVYCONTRACTING OFFICERB.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.) CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:CONTRACTOR:______________________________________ (Contractor’s Name)______________________________________ (Address)????????????????????????????????????______________________________________ (City-State-Zip)????????????????????????????????????______________________________________?(Point of Contact/Title)PHONE NUMBER______________________________________FAX NUMBER______________________________________E-MAIL ADDRESS______________________________________DUNS NUMBER ______________________________________GOVERNMENT: RYAN MCMILLIN, CONTRACT SPECIALISTDEPARTMENT OF VETERANS AFFAIRSGREAT LAKES ACQUISITION CENTER115 S. 84TH ST., STE 100MILWAUKEE WI 53214CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:52.232-34 Payment by Electronic Funds Transfer--Other Than System for Award ManagementINVOICES: Invoices shall be submitted monthly in arrears in accordance with:[X]???? MonthlyPatient invoices shall be submitted monthly in arrears to each VA Chief, Prosthetics and Sensory Aids Service originating the authorization orders by the 10th working day of the subsequent month. The contractor’s invoices and associated paperwork for equipment rentals or services provided shall be sorted alphabetically and accompanied by an alphabetically arranged consolidated listing of all veterans receiving services during the billing period and shall contain the following information:a. Veteran’s name and last four of SSN b. Description of equipment (with serial #'s as applicable), supplies, and/or services including corresponding Healthcare Common Procedure Codes (HCPC);c. Quantities, and lot # information if tanks or liquid oxygen were providedd. Unit Prices.e. Total cost in accordance with patient/monthf. Total balance owedThird-Party Billing: This contract represents an “all inclusive” reimbursement rate for all services provided by the medical facility to the veteran beneficiary.? Contractor is not allowed third-party or direct patient billing for any services provided under this contract.? Contractor shall not submit bills to any other State, Federal, or third-party agency for reimbursement during the period the beneficiary is covered under this contract.Purchase Cards are the method of payment.? The Contractor is required to have VISA Level II capacity.Contractor shall pro-rate all rentals and service charges during the first month from the date of setup to the end of the month. The contractor shall also prorate the monthly charges in accordance with the date of discontinuance of equipment/service or upon notification of death of patient.OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATE________________________________________________________________________________________________________________________________________________________________________SPECIAL NOTES:In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contract Specialist Ryan.McMillin@ no later than FRIDAY NOVEMBER 2, AT 1600 CENTRAL. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.FOR INFORMATION ONLY - THE FOLLOWING ARE LOCAL PROSTHETICS ADDRESSES AND PRIMARY POINTS OF CONTACT AT EACH OF THE FACILITIES. Northern TierSouthern TierIron Mountain VA Medical Center (585)Attn: Prosthetics Home O2/DME (121)325 East "H" StreetIron Mountain, MI 49801Phone: 906-774-3300Prosthetics Supervisor-Ext 32611Homecare Coordinator –Ext. 32618Fax: 906-779-3986Jesse Brown VA Medical Center (537)Attn: Prosthetic Service Home O2/DME (121)820 S. DamenChicago, IL 60612Phone: 312-569-8387Prosthetics Supervisor -Ext. 57117Homecare Coordinator Ext. 57649Fax : 312-569-8097Wm S. Middleton Memorial Veterans Hospital (607)Attention: Prosthetics Home O2/DME (121)2500 Overlook TerraceMadison, WI 53705Phone: 608-256-1901Prosthetics Supervisor - Ext. 11893Homecare Coordinator - Ext. 17497Fax: 608-280-2097FHCC Lovell VA Medical Center (556)Attn: Prosthetics Home O2/DME (121)3001 Green Bay RoadNorth Chicago, IL 60064Phone: 846-688-1900Prosthetics Supervisor - Ext. 85549Homecare Coordinator –Ext. 84229Fax: 224-610-3862Tomah VA Medical Center (676)Attn: Prosthetics Home O2/DME (121)500 E Veterans StTomah, WI 54660Phone: 608-372-3971Prosthetics Supervisor - Ext. 61767Homecare Coordinator - 67735Fax: 608-372-1724Edward Hines Jr. VA Hospital (578)Attn: Prosthetics Home O2/DME (121)5000 S. 5th AvenueHines, Il. 60141Phone: 708-202-8387Prosthetics Supervisor- Ext. 22007Homecare Coordinator –Phone- 708-202-8387 Ext. 22638Fax: 708-202-2008Zablocki VA Medical Center (695)Phone: 414-384-2000Prosthetics Supervisor - Ext. 42542Homecare Coordinator – Ext. 46885 Fax: 414-382-5331*Illiana Health Care System – Danville (550)Attn: Prosthetics Home O2/DME (121)1900 E. Main StreetDanville, IL 61832Prosthetics Supervisor – 217-554-4211Home Care Coordinator – TBDVISN 12 Prosthetics Supervisor/Contract COR Phone: 414-384-2000Ext. 42696VISN 12 Prosthetics Program Assistant- Ext. 46886Fax # for all VISN 12 Prosthetics personnel 414-382-5216VISN 12 Prosthetics (VPR)VISN 12 Prosthetics Representative –Phone: 414-384-2000 Ext. 22007ORDERING PROCEDURES:Orders can be placed via email, phone, or fax and issued an order by the applicable VA site’s Pulmonary and Prosthetics Departments or the Officer of the Day. Specific ordering officers will be identified after contract award. Orders will include the item(s) to be delivered/provided, patient information, prescription (if applicable) and a location anywhere within the VISN 12 catchment area plus 75 miles in which the item(s) must be delivered. B.2 PRICE/COST SCHEDULEITEM INFORMATIONITEM NUMBERDESCRIPTION OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICE0001Monthly Concentrator Management/Services/Supplies1.00MO__________________Contract Period: Base POP Begin: 01-01-2019POP End: 12-31-20190002DME Delivery/Pick-Up/Service/Repair1.00EA__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190003Respiratory Therapist Visits1.00EA__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190004Monthly Concentrator Rental1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190005Monthly Liquid Oxygen System Rental1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190006Monthly Portable Oxygen Tank System Rental1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190007Monthly Liquid Oxygen Portable Device Rental1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190008Monthly Portable Oxygen Concentrator Rental (small <6lbs, pulse dose only)1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190009Monthly Portable Oxygen Concentrator Rental (Large <19lbs, Continuous and Pulse dose)1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190010Monthly Portable Gaseous System Rental - Home Compressor (self-fill)1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190011Monthly Air Compressor Rental1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190012Monthly Ventilator Rental1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-20190013Monthly H/M Tank Rental1.00MO__________________Contract Period: BasePOP Begin: 01-01-2019POP End: 12-31-2019END OF BASE YEAR PRICING1001Monthly Concentrator Management/Services/Supplies1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201002DME Delivery/Pick-Up/Service/Repair1.00EA__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201003Respiratory Therapist Visits1.00EA__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201004Monthly Concentrator Rental1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201005Monthly Liquid Oxygen System Rental1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201006Monthly Portable Oxygen Tank System Rental1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201007Monthly Liquid Oxygen Portable Device Rental1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201008Monthly Portable Oxygen Concentrator Rental (small <6lbs, pulse dose only)1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201009Monthly Portable Oxygen Concentrator Rental (Large <19lbs, Continuous and Pulse dose)1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201010Monthly Portable Gaseous System Rental - Home Compressor (self-fill)1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201011Monthly Air Compressor Rental1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-20201012Monthly Ventilator Rental1.00MO__________________Contract Period: Year 2POP Begin: 01-01-2020POP End: 12-31-20201013Monthly H/M Tank Rental1.00MO__________________Contract Period: Option Year 1POP Begin: 01-01-2020POP End: 12-31-2020END OF OPTION YEAR 1 PRICING2001Monthly Concentrator Management/Services/Supplies1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212002DME Delivery/Pick-Up/Service/Repair1.00EA__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212003Respiratory Therapist Visits1.00EA__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212004Monthly Concentrator Rental1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212005Monthly Liquid Oxygen System Rental1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212006Monthly Portable Oxygen Tank System Rental1.00EA__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212007Monthly Liquid Oxygen Portable Device Rental1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212008Monthly Portable Oxygen Concentrator Rental (small <6lbs, pulse dose only)1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212009Monthly Portable Oxygen Concentrator Rental (Large <19lbs, Continuous and Pulse dose)1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212010Monthly Portable Gaseous System Rental - Home Compressor (self-fill)1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212011Monthly Air Compressor Rental1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212012Monthly Ventilator Rental1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-20212013Monthly H/M Tank Rental1.00MO__________________Contract Period: Option Year 2POP Begin: 01-01-2021POP End: 12-31-2021END OF OPTION YEAR 2 PRICING3001Monthly Concentrator Management/Services/Supplies1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223002DME Delivery/Pick-Up/Service/Repair1.00EA__________________ Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223003Respiratory Therapist Visits1.00EA__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223004Monthly Concentrator Rental1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223005Monthly Liquid Oxygen System Rental1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223006Monthly Portable Oxygen Tank System Rental1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223007Monthly Liquid Oxygen Portable Device Rental1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223008Monthly Portable Oxygen Concentrator Rental (small <6lbs, pulse dose only)1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223009Monthly Portable Oxygen Concentrator Rental (Large <19lbs, Continuous and Pulse dose)1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223010Monthly Portable Gaseous System Rental - Home Compressor (self-fill)1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223011Monthly Air Compressor Rental1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223012Monthly Ventilator Rental1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-20223013Monthly H/M Tank Rental1.00MO__________________Contract Period: Option Year 3POP Begin: 01-01-2022POP End: 12-31-2022END OF OPTION YEAR 3 PRICING4001Monthly Concentrator Management/Services/Supplies1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234002DME Delivery/Pick-Up/Service/Repair1.00EA__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234003Respiratory Therapist Visits1.00EA__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234004Monthly Concentrator Rental1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234005Monthly Liquid Oxygen System Rental1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-202340064007Monthly Portable Oxygen Tank System RentalContract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-2023Monthly Liquid Oxygen Portable Device Rental1.001.00MOMO_________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-2023__________________4008Monthly Portable Oxygen Concentrator Rental (small <6lbs, pulse dose only)1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234009Monthly Portable Oxygen Concentrator Rental (Large <19lbs, Continuous and Pulse dose)1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234010Monthly Portable Gaseous System Rental - Home Compressor (self-fill)1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234011Monthly Air Compressor Rental1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234012Monthly Ventilator Rental1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-20234013Monthly H/M Tank Rental1.00MO__________________Contract Period: Option Year 4POP Begin: 01-01-2023POP End: 12-31-2023END OF OPTION YEAR 4 PRICINGSTATEMENT OF WORKSECTION 1VISN 12 HOME RESPIRATORY SERVICES AND HOME MEDICAL EQUIPMENTINTRODUCTION: This Statement of Work (SOW) defines the effort required for the setup, installation, provision of supplies, services and management of VISN 12 Home Respiratory Services and DME. This SOW includes the associated program management, human engineering, and logistic support planning requirements to provide for an effective home respiratory and DME program. The Government will be providing DME, supplies and Respiratory equipment for issuance to patients in accordance with orders/prescriptions.AREA OF RESPONSIBILITY/JURISDICTION UNDER VISN 12 The area of service shall be inclusive of the following VISN 12 Medical Centers and their catchment areas, (A) Milwaukee, WI VAMC (B) Madison, WI VAMC (C) Tomah, WI VAMC (D) Iron Mountain, MI VAMC (E) North Chicago, IL VAMC, (F) Hines, IL VAMC (G) Jesse Brown, IL VAMC, *(H) Danville VAMC, IL (To be tentatively started Option year (1) of this contract). Non-territory" means the patient is not in the designated area of responsibility/jurisdiction of VISN 12 or is outside of the responsibility/jurisdiction awarded to a contractor. These requests will be required from time to time for patients outside the catchment area and if the contractor has alternate sites for coverage, services shall be provided in accordance with the contract. For all other locations outside of the service area, the contract shall arrange equipment, supplies, and services to be provided by a 3rd party vendor. Contractor shall request authorization by the VA before incurring any costs through this arrangement. If approved the VA will issue an order. Geographical boundaries (see Attachment A) are the areas of responsibility for each local VA Medical Center in VISN ERNMENT FURNISHED EQUIPMENT, SERVICE AND SUPPLIESA. The contractor shall transfer all government equipment and supplies within seven calendar days of award from outgoing contractor’s sites to their facilities. The equipment and supplies must be maintained and separated by VA site at the contractor’s location and stored at the location in a readiness state (cleaned and disinfected, bagged).B. The Contractor shall pick up all VA owned concentrators from Building 37 on the Hines, IL VA Campus. C. Upon receipt of VA owned concentrators, the contractor shall:Unpack and inspect each unit and notify COR if any unit is damagedMark units “VA” on back of machine with wide black marker (Approximately 4 inch block letters)Record model and serial number of unit (spreadsheet of concentrator inventory will be provided to contractor)Test/Analyze function of concentratorStore units appropriatelyMaintain five concentrator boxes (including intact Styrofoam/Packing material) at each contractor’s site for warranty replacements All other packing materials can be discarded.VA Concentrator ManagementThe contractor shall:Maintain an inventory of all VA owned concentrators on a spreadsheet and shall provide that spreadsheet to applicable VA site monthly. The spreadsheet must include the following information: model number, serial number, location, (e.g., warehouse, patient (identified by patient initials and last 4 SSN), out for service or deleted from inventory)Provide all maintenance and upkeep of VA owned concentrators, including battery replacement, testing, filter replacement, and any manufacturer’s recommendations Maintain preventive maintenance (PM) sheets and binders for VA owned concentrators which shall include Date Received in inventory, Date PM due, Date PM performed, servicing information in accordance with manufacturer’s recommendations (e.g., filter replacement, usage hours recorded from latest visit, batteries replaced, etc.). These records shall be made available for review during periodic scheduled or unscheduled site visits.Notify applicable VA Home Respiratory Coordinator (HRC) whenever contractor is unable to retrieve or locate government owned concentrators.Provide and affix preventive maintenance stickers to record PMI visit date and concentrator hours at all visitsAccept drop shipments of concentratorsShip malfunctioning, warranted, concentrators in a concentrator box to the manufacturer for repair or replacement after notifying VA COR to obtain RMA # from manufacturer. The cost of shipping will be covered by VA or manufacturer.STORAGE AND MANAGEMENT OF VA EQUIPMENT AND SUPPLIESThe contractor shall:Be responsible for accepting drop shipments of equipment and supplies from any VISN 12 site.Inspect equipment prior to accepting delivery and immediately notify the applicable Prosthetics section if equipment is damaged or inventory does not reflect an accurate accounting of item(s) according to the packing list. Fax/scan a clear copy of the packing list to local Prosthetics on the day accepted within 2 hours of receipt.Store equipment and supplies in a clean area, covered/bagged and separated by VA site in a patient ready condition.Provide storage for reclaimed DME that can be utilized for other future orders. This equipment shall be cleaned/disinfected, inspected, tested for operation, bagged/ covered and tagged with nomenclature, model or part number and stored in a patient ready condition.Provide delivery of VA inventory to and from VISN 12 sites if requested at no cost and will be cleaned, disinfected, bagged and tagged (if applicable) with patient’s name/last four retrieved from, date picked -up and issue with machine/equipment.Manage all government furnished equipment in accordance with FAR 52.245-1. Provide bi-monthly individualized VA site inventory reports in a spreadsheet format (e.g., Tomah VA’s inventory report will list all Tomah equipment stored at any/all contractor’s facilities). The spreadsheet must include the following items: nomenclature, model/part numbers and quantities.Notify the local Prosthetics Supervisor if inventory levels for any equipment or supplies is below 5 each.Provide storage of Government supplies, new and re-claimed DME, in accordance with the VA site estimates below Provide notification to applicable site’s Prosthetics section when reclaimed equipment is not serviceable and dispose of equipment if directedVAEstimated Amount of Storage Space RequiredIron Mountain 1500 s.f.Lovell FHCC1500 s.f.Tomah1500 s.f.Hines1500 s.f.Milwaukee1500 s.f.Madison1500 s.f.Chicago1500 s.f.Danville1500 s.f. DROP SHIPMENT OF DME: The contractor shall be capable of accepting drop shipments of DME and supplies at his/her facility for storage. The contractor shall remove all DME from their packing/shipping cartons upon delivery and promptly inspect shipped DME goods for damages. The contractor shall dispose of the appropriate packing/shipping materials. Contractor shall note the damages on the delivering carrier’s bill of lading prior to acceptance and notify the applicable Prosthetics section of any damaged items within an hour. If the VA is unable to pursue a claim submission because of untimely inspection and notification of a damaged item, the contractor shall be held liable for the repair cost or full replacement cost of the damaged item.The storage area must be adequately equipped with shelves, bins, etc., to properly accommodate the items being stored. The storage area shall be well secured, well ventilated, and free of dampness and humidity that contributes to deterioration of cartons or rusting of metal equipment. The storage facility shall have sufficient electrical outlets to test powered equipment before issue to VA beneficiaries. The contractor shall make the storage area and its contents available for inspection by VA personnel during the contractor’s normal business hours. Inspection may be with or without advance notice. The storage space shall be sufficiently insured against loss or damage equal to the value of the stored equipment. Proof of the insurance coverage will be provided to the Contracting Officer within 10 days of the effective date of the Notice to Proceed. Updates will be provided annually or whenever coverage is discontinued.The contractor shall be held responsible for the proper placement and security of all Government-owned DME to insure against loss or damage while the DME is located at the contractor's facility. Storage shall be provided separate and apart, by VA facility, from all other contractor owned equipment and supplies. The contractor shall identify Government Furnished Property (GFP) by marking or tagging and segregating in such a manner to clearly indicate Government ownership by site at all locations.INVENTORY CONTROLThe contractor shall have an adequate inventory control system for maintaining accountability of the DME, and shall maintain a detailed running inventory of daily activities for all items in storage, VA-owned or contractor-owned. The listing shall contain pertinent information as to condition, disposition, make, model, serial number, PM information and any modification incorporated therein.Contractor shall maintain a perpetual inventory and furnish the appropriate PSAS semi-monthly inventory reports of all VA-owned equipment or supplies stored by the contractor. The semi-monthly inventory reports shall indicate receipts, issues and balances and be submitted to each facility via fax on the 1st and 15th of each month or the next business day following the 1st and 15th. Government property shall be used only for performance of this contract.Contractor shall have inspection procedures to assure stored new/reclaimed equipment is in working order and powered equipment tested prior to delivery. All equipment shall be labeled, tagged and dated to document such procedures. Only one (1) payment will be made for the delivery of equipment. If DME failures are within the control of the Contractor, additional trips shall be at contractor’s expense. Equipment shall be protected from the elements during storage and delivery. All clean equipment shall be covered. Clean and dirty equipment shall be separated at all times and shall have protective covering during transport.INFECTION CONTROLThe contractor shall have a current plan for surveillance, prevention, and infection control that meets current Joint Commission standards. The contractor shall practice infection control “universal precaution technique” when delivering, picking up, storing or cleaning equipment. When picking up equipment, this equipment is not considered clean and shall be decontaminated when returned to the contractor’s warehouse. Standard precautions shall be used to prevent exposure to blood borne diseases when handling all contaminated equipment/items. Hands shall be washed before and after visiting each Veteran’s place of residence. Contaminated DME shall be separated from clean DME. The contractor’s warehouse shall have clear demarcation between contaminated and clean storage areas. Delivery vehicles, if dirty and clean equipment is transported in the same vehicle, will have a clearly demarcated area for clean and dirty items. HOME RESPIRATORY EQUIPMENT, SUPPLIES AND SERVICES:INITIAL SETUPS FOR NEW STARTS (OXYGEN PATIENTS): The contractor shall furnish oxygen in accordance with the prescription from the patient’s VA provider. The contractor shall have clinical as well as administrative personnel at intake familiar with all modalities of care and how to interpret prescriptions. If at any point there are questions related to the clarity of the order, the vendor shall immediately notify the sending site’s Home Respiratory Coordinator or originator of prescription to clarify and submit, if necessary, another prescription/order to perform what was requested. Initial setups will primarily be in the patient’s residence but may be at the VA facility, civilian healthcare facility or other delivery locations as requested verbally by the ordering site according to the prescription. Contractor shall deliver and set-up oxygen within 24 hours of receipt of prescription/order. Contractor shall accommodate earlier timeframes for delivery as stated on the prescription/order. Contractor to follow AARC guidelines for all respiratory related set-ups, follow-ups, education and provision of supplies.SERVICES, EQUIPMENT AND SUPPLIES The contractor shall provide:Initial home/fall/fire risk assessments per Joint Commission, equipment delivery, set-up, education and follow-up per orders or statement of work.Ongoing RT visits to create plan of care/treatment with new oxygen patients within 7 calendar days of initial oxygen set-up. Training, education, review of medications, reinforcement home/fire/fall safety assessment. Cannulas/ oxygen interfaces to accommodate weekly change out schedule with 2 in reserve at all times. The contractor shall provide interface options for patient comfort. Contractor shall provide oxygen patients short cannulas to be utilized with Bi-directional thermal fuses (see Attachment B). Oxygen extension tubing in accordance with residence/activities of daily living (ADLs) to accommodate monthly change out schedule with reserve tubing on hand always. Swivel tubing connectors as needed to prevent coiled tubing if requested by patient/VAEar cushions as requested by patient/VAPre-filled humidifiers as requested by patient/ VA and replenishment as needed for supply at all timesPressure valves and inline oxygen enrichment ports for bleed-in PAP (Positive Airway Pressure) devices (if applicable) when oxygen is ordered in conjunction with PAP therapy, which must be replaced as needed if requested by patient/VABack-up M/H tank system, regulator, stand, cannulas for all oxygen patients (this is not an option but required). If a back-up system is refused after educating veteran of dangers, an AMA (see Attachment C) must be signed by the patient and contractor staff to reflect this system was offered but refused.Annual follow up visits to “standard fire risk” oxygen patients and semi-annual visits to “high fire risk” oxygen patients by delivery personnel to provide fire/home/fall safety and equipment/supply re-education to the patient. During this visit the contractor shall perform preventive maintenance of contractor-owned or VA-owned equipment in accordance with manufacturers recommendation. Contractor shall perform Concentrator Preventive Maintenance duties described above in section 1. C. and 1. D. and shall complete the PMI Home Safety and Equipment Check Form (see Attachment D). Education to patients to communicate to HRC/VA any travel plans a minimum of 2 weeks in advance, inside or outside service area so arrangement can be made for continuity of care.VA site specific magnets (see Attachment E) to all existing and new oxygen patients. The magnets shall be ordered upon award and one provided to each patient’s home for reference. The magnets will be no smaller than 3.81" x 5.81" Bi-directional thermal fuses for ALL oxygen patients to maximize patient safety (see Attachment B). Initial issue dates will be provided by the VA and must be tracked and valves replaced in accordance with manufacturer’s recommendations or as needed to ensure all oxygen patients have them at all times in-line with their delivery device. If the patient or caregiver(s) dispose of valve(s) accidentally, replacements will be provided at no cost by the contractor. This will be checked/verified and documented at each preventive maintenance inspection interval and replaced at the interval recommended by the manufacturer. 24/7/365 coverage to address new set-ups orders, triage emergent equipment issues, resupply to ensure patients are provided appropriate care, education follow-up and supplies to meet their prescriptive requirements or requests for visits to maintain equipment or supplies.Ongoing oversight and management of equipment to maintain in accordance with manufacturer’s recommendationsRed folders (Smead or similar- Poly envelope with string tie closure) – Provided by contractor to store Preventing Slips and Falls literature, Patient Home and Fire Safety literature, VISN 12 Home Oxygen Therapy Information Guide along with copies of any visits/delivery documentation that is readily available for patients to reference 7. PRIMARY STATIONARY OXYGEN DELIVERY DEVICES (Monthly Rental from Contractor):7.1CONCENTRATOR -must meet or exceed patient’s liter flow requirements (5 or 10 LPM) machines) (E1390) (Higher liter flows>10 (LPM) at the discretion of the facility in collaboration with contractor)Contractor shall provide services, supplies and equipment in accordance with 6. B. 7.2 LIQUID OXYGEN STATIONARY (LOX) (E0439)Contractor shall provide: Stationary lox units, liquid oxygen and refills that meet or exceed the patient’s monthly needs in accordance with prescription and ADLs.Services, supplies and equipment in accordance with 6. B. 7.3 H OR M TANK (E0424) for stationary usage only (not back-up tank)Contractor shall provide:Stationary tank(s), stand, regulator, tubing and cannulas/interfaces in the home in accordance with patient’s prescription – Primarily for cluster headache patientsReplacement tank(s) as necessary when notified by patient or VAServices, supplies and equipment in accordance with 6. B. 8.PORTABLE OXYGEN SYSTEMS (Monthly Rental from Contractor):8.1The contractor shall provide E, D, C, or B (M6) size aluminum/fiber wrapped cylinders in accordance with prescription/ADLs delivered monthly or as needed for sufficient supply at all times for portability.Contractor shall provide:Regulator and pulse dose conserving device with continuous flow back-up option in accordance with prescription. If patient has current conserving device from the VA, contractor shall provide a conserving device if/when unit fails at the request of the VA or patient that meets prescriptive requirementsHandcart, backpack style carrying case, over the shoulder pouch or tank carrying system appropriate to meet patient’s activities of daily living needsBatteries (AA or AAA) for VA-owned or contractor conserving devices. These shall be replaced if requested by patient when in the home. All patients with tank holders/racks to accommodate safe storage of the size and quantity of tanks within their residence. Services, supplies and equipment in accordance with 6. B. 8.2Liquid Oxygen Portable Device (E0434):Contractor shall provide:Liquid Oxygen Portable Unit(s) Continuous or Pulse Dose to meet patient’s exertional needs for desired (LPM) or saturation level in accordance with prescription and ADL’s. (Note: some higher liter flow patient portable lox units are required)Carrying Case or stroller for ease of use during activitiesServices, supplies and equipment in accordance with 6. B. 8.3Portable Oxygen Concentrator (Pulse Dose Only) weight </= 6 lbs. (E1392)The contractor shall:Utilize an RT to perform all initial deliveries and education of POCs.Deliver portable oxygen concentrator (POC) in accordance with prescriptionProvide 2 batteries, wall, car and desktop charger Provide replacement POCs and batteries if machine or batteries malfunctionProvide units that are FAA Approved Provide services, supplies and equipment in accordance with 6. B. Complete against medical advice (AMA) form if POC does not meet prescriptive requirements.8.4Portable Oxygen Concentrator System (Continuous up to 3 (LPM) continuous with Pulse dose settings) weight < 19 lbs. (E1392) to include:The contractor shall:Utilize an RT to perform all initial deliveries of POCs.Deliver and instruct portable oxygen concentrator (POC) in accordance with prescriptionProvide 2 batteries, wall, car and desktop charger Provide replacement POCs and batteries if machine or batteries malfunctionProvide unit that is FAA Approved Provide Services, supplies and equipment in accordance with 6. B. Complete against medical advice (AMA) form if POC does not meet prescriptive requirements.Provide shipping of unit to and from traveling destination if malfunction occurs8.5Home Compressor Tank-Filling System to include attachments to Invacare model concentrators (K0738):Contractor shall provide:A total of four each or combination of cylinders sizes (per below pic) that meet the patient ADLs that are compatible with the compressor /model Home compressor tank filling system compatible with VA owned/provided Invacare concentrators (Perfecto 2V w/Sensor 91 (5LPM) and Platinum 10 with Sensor O2 (10 LPM))Regulator compatible with transfill cylinder posts, VA owned or contractor owned conserving device to provide longer tank duration for portabilityHandcart, backpack style carrying case, over the shoulder pouch or tank carrying system appropriate to meet patient’s activities of daily living needsReplacement batteries for VA owned or contractor owned conserving devices as requested by patient or VAServices, supplies and equipment in accordance with 6. B. 9.Monthly Air Compressor Rental (E0565):Contractor shall provide:RT to perform delivery, set-up within 7 calendar days or as specified on order, education and follow-up monthly Replenishment of disposable supplies to meet prescription requirements for infection control purposes Distilled water as neededVA Suction machine (if ordered)Suction supplies (yankauers, appropriate suction catheters as ordered, suction tubing, suction kits which are not provided on a routine basis by the VA pharmacy)Monthly visits by an RT with corresponding documentation to ensure disposable supplies are adequately stocked for weekly change out schedule Patient’s and caregiver’s education on the use of the device and accessories with a priority on infection control education.Manual resuscitator bag (if applicable)10.Ventilator Monthly Rental (E0450):Contractor shall provide:Ventilator delivery by an RT, set up in accordance with prescription and timelines specified on orderPatient and caregivers initial and ongoing monthly education on all equipment, accessories and supplies that will meet the prescription. (Currently VA is utilizing Trilogy ventilators)Back up ventilator (if requested) that meets the patient’s prescription.Monthly Patient Ventilator Management and System Checks in accordance with AARC guidelines Assessment and replenishment of disposable supply inventory to ensure the patient has enough until next visit 24/7/365 emergency service and response to issues conveyed by the patient/caregivers or the VAContractor shall provide:Filters (disposable)Hose/CircuitExhalation valveTrach adapterTracheostomy tieTracheostomy tube in accordance with prescription to ensure one patient has emergency replacement at all times and trach cleaning supplies as requestedDisposable inner cannulas as specifiedVA suction machineOxygen inlet portsArtificial Noses (HME) for change out daily with ample supply in stock at all timesSupplies (yankauers, appropriate suction catheters as ordered, suction tubing, suction kits which are not provided on a routine basis by the VA pharmacy)Humidification systems (as specified on equipment order) Ventilator StandsDistilled/sterile water (if applicable)Manual resuscitator bag with tubing to facilitate pre-oxygenating prior to suctioning11.Respiratory Therapist Services for VA Owned Equipment (Pricing shall be one charge to perform visit as ordered for 11.1, 11.2 or 11.3)11.1Respiratory Therapist Visit (VA120) – PAPThe contractor shall provide:Delivery of VA-owned non-invasive CPAP/AutoPap/Bi-Level/AVAPS devices from VA inventory within 7 calendar days or as requested on order. Equipment or interface triage, education and correspondence/communication with the sending sites Sleep Dept/HRC to resolve issues identified on orders. Documentation of equipment and accessory information shall include PAP device number (DN), serial number (SN), mask size, type and model number with documentation of training, assessment of interface and care/education provided during visits. This information must be faxed or conveyed via email to the HRC within 24 hours of set-up or conveyed by the timeframe specified on order. Ongoing annual training and competencies which enables contractor’s Respiratory Therapists to be familiar with all makes and models of VA provided PAP and Bi-Level equipment (ResMed, Respironics) and arrange for in-services as necessary with the devices, applicable interfaces and humidifiers associated with those manufacturers. Respiratory Therapists in their employ with extensive training on mask fitting for patients, troubleshooting interface issues or equipment issues. Thorough evaluation of PAP devices and error codes prior to recommending replacement to ensure all steps are taken to correct the situation before requesting replacement of device.Delivery and education for PAP devices and interface according to AARC guidelines to ensure patient has a clear understanding of diagnosis, usage, accessories and cleaning/disinfection schedule with documentation detailed for each and every veteran in accordance with the equipment settings and supplies.A re-visit to the patient’s location if the patient did not understand or comprehend training at no charge to the VA if notified by patient or VA within seven calendar days of initial set-up. 11.2RESPIRATORY THERAPIST VISITS (VA120) (Ventilator Patients – VA Owned Vents)Contractor shall provide:Delivery of VA ventilator, back-up ventilator (if applicable), accessories and supplies in accordance with prescription and timelines specified on orderMonthly Patient Ventilator Management and System Checks by an RT in accordance with AARC guidelines (Currently VA is utilizing Trilogy ventilators) Monthly RT visit to provide patient and caregiver education, equipment and supply assessment and replenishment of disposable supplies to ensure the patient has enough until next visit 24/7/365 emergency service and response to issues conveyed by the patient/caregivers or the VAContractor shall provide:Filters (disposable)Hose/CircuitExhalation valveTrach adapterTracheostomy tieTracheostomy tube in accordance with prescription to ensure one patient has emergency replacement at all times and trach cleaning supplies as requestedDisposable inner cannulas as specifiedVA suction machineOxygen inlet portsArtificial Noses (HME) for change out daily with ample supply in stock at all timesSupplies (yankauers, appropriate suction catheters as ordered, suction tubing, suction kits)Humidification systems (as specified on equipment order) Ventilator StandsDistilled or sterile water (if applicable)Manual resuscitator bag with tubing to facilitate pre-oxygenating prior to suctioning11.3RESPIRATORY THERAPIST VISITS (VA120) The contractor shall provide various respiratory equipment set-ups, patient assessments or triage issues in accordance with prescription/orders. This will include:Nebulizer Compressors/SuppliesCough Assist DevicesOPEP (Oscillating Positive Expiratory Pressure) devicesSpecial ventilator visits other than monthly visits (emergent triage requests)Suction Machine/SuppliesChest percussive vests High Volume Air Compressor triage other than monthly visitTasks, set-ups, services and follow-up that are routinely required of respiratory therapists in the outpatient home medical equipment arena. 12.HOME ASSESSMENT REQUIREMENTS: The Contractor shall perform home/fire/fall safety assessments in accordance with Joint Commission (JC) and National Patient Safety Goals (NPSGs). Contractor shall perform ongoing assessments whenever in the home with corresponding documentation of assessments/education provided. The contractor shall create a tracking system to ensure standard fire risk patients are visited annually and high fire risk patients are visited semi-annually. The contractor is responsible for tracking progress up to full completion and a formal action plan will be required if not meeting the requirement. The Contractor shall notify the applicable site’s Prosthetics HRC during the home visit if the Contractor's staff determines they cannot safely provide oxygen or respiratory equipment as ordered, or in the case of an initial set-up, not placed in the home. The Contractor shall contact the Prosthetics HRC or designee (by phone during the home visit and furnish (via encrypted email and/or fax) written documentation of the safety hazard within 24 hours via Priority Patient Concern form (see Attachment F)The Contractor shall complete a PPC form for any patient identified as non-compliant to fire safety education whose behavior poses a risk of self-harm or harm to others (i.e. indications that patient smoking while on oxygen, burns to face or nares)The Contractor shall verify the presence of working smoke alarms and fire extinguishers and instruct the patient to test all smoke alarms on a monthly basis and replace batteries at daylight savings time. The Contractor shall complete VISN 12 Acknowledgement form on all new oxygen patients (see Attachment G). If oxygen patients do not have smoke alarms or fire extinguishers, the patient shall be instructed to obtain one or both and documentation shall reflect the recommendation.The Contractor shall check the adequacy of electrical outlets with an outlet tester used to verify that an AC wall outlet is wired properly. If the contractor is unable to provide equipment as ordered, immediate notification shall be made to the corresponding Prosthetics HRC to provide updated orders for an alternate oxygen system. The contractor shall not engage the patient with offerings or suggestions for therapy devices or services provided by the contractor other than what is prescribed. The contractor shall convey any questions about equipment desired to the local HRC and document such in the educational or assessment paperwork or instruct the patient to address with the VA.PATIENT EDUCATIONThe Contractor’s staff shall provide patient equipment and supply, home, fall and fire safety education at the time of set-up and assess the need for reinforcement during RT follow-up visits. The Plan of care created by the RT will include all aspects of care or treatment in relation to the equipment or service provided, including: explaining the diagnosis, equipment function, timeframes for service/follow-up, periodicity of oxygen or equipment usage, infection control, medications and portability to meet ADLs. This information is to be presented verbally, in demonstration and material covered shall be in written form and a copy left with the beneficiary/care giver. The written material shall be in English as well as the foreign language of the beneficiary if available, if the beneficiary does not speak English. All patient education material, forms and documents utilized in the performance of the contract must be presented in written form to the COR for approval prior to being provided patients. The contractor as directed by COR or designee will implement any new or revised education material or forms if necessary. The VA will determine whether the contractor shall use their forms or forms supplied by the VA for documentation of services/education provided to VA beneficiaries.The contractor shall provide educational and/or warning information for patients, their families, or caregivers on the hazards of smoking while oxygen is in use. The educational materials must be provided upon initial delivery and reviewed with patients annually for “standard fire risk” and every 6 months for those categorized as “high fire risk” thereafter with corresponding documentation. (See Attachment D). The checklist used by contractors for oxygen follow-up services shall include:No Smoking signs provided and postedEnsure thermal fuses are provided and replaced per manufacturer’s recommendations Smoke alarm present, veteran instructed to test all smoke alarms monthly, and smoke alarm sounds when testedVeteran has been instructed to remove the cannula, shut off the oxygen supply, and wait for the oxygen to dissipate prior to being close to an open flame or ignition source. Recommend patient remove oxygen and go outside of residence if they wish to smoke.Veteran, family or cohabitants given educational material regarding the hazards of smoking and using an open flame near oxygen.All follow up visits will include the safety education above when performing preventive maintenance inspection (PMI) visits annually or semi-annually.Conduct home oxygen safety risk assessment before starting home oxygen therapy and when home care services are initiated that address whether there are smoking materials in the home and whether there are other fire safety risks in patient’s home, such as potential for open flames. The contractor shall document the performance of the fire risk assessment whenever in the home using a PMI rm and educate the patient, and family/, and/or caregiver including documentation of the following:The findings of the safety risk assessment, the causes of fire, fire risks for neighboring residences & buildings, precautions that can prevent fire related injuries, and recommendations to address the specific identified risk(s).Assess the patient’s, family’s, and/or caregiver’s level of comprehension of and compliance with identified risks and compliance with suggested interventions during home visits.Implement (& document) strategies to improve patient and/or family compliance with oxygen safety precautions when unsafe practices are observed in the home. This includes notifying the VA HRC with the PPC document.FALL PREVENTION: The Contractor shall provide Patient education and re-education on how to prevent slips/trips/falls in the home related to home environment, patient condition, oxygen equipment and supplies (i.e. oxygen tubing is a fall hazard, throw rugs) on initial set up and during their scheduled annual or semi-annual visits. The Contractor shall provide notification to the VA HRC if the patient communicates they have fallen and injured themselves without seeking medical attention. HIGH FIRE RISK OXYGEN PATIENTS The VA facility shall identify fire risk level on all oxygen prescriptions sent to the Contractor. If this designation is not on a prescription, the Contractor shall notify the Home Respiratory Coordinator (HRC) at the applicable VA facility must be notified immediately upon receipt of the prescription. As part of the initial set-up, the contractor shall provide:Education with corresponding documentation on the safe usage of oxygen and the dangers to surrounding buildings/residencesAn evacuation route/plan for patient residenceDiscussions with patient and caregivers about creating a safe smoking plan if the patient does not wish to quit or be enrolled in a smoking cessation programOngoing safety assessments during visits and identify presence of smoke detectors and fire extinguisher Ensure No smoking signs are placed at entrances to the home EMERGENCY SERVICES: Emergency services are for medical equipment provided to patients when an equipment malfunction, power outages occur or natural disaster may threaten a patient's health. The contractor shall provide a written emergency management plan in compliance with Joint Commission standards. This emergency action plan shall address continuity of services for all patients in the affected region.The Patient shall first call the contractor in an emergency equipment situation as described in 16.1 above. The contractor shall have a well-established communication system, providing 24-hour emergency services and the ability to provide services at the Patient's home within 3 hours of a call. The contractor shall ensure all Patients have at minimum a non-electrical oxygen supply to last three times the response time in any given location. The minimum supply shall consider each Patient's prescription flow-rate and distance from the Contractor’s nearest location, and so actual supply levels may differ from Patient to Patient. If the contractor is unable to respond to an emergency service call, the Contractor shall be responsible for arranging with another supplier, who meets all Joint Commission standards, to provide oxygen at the contractor's expense. A written explanation (via encrypted email and/or fax) of why the contractor was unable to respond to the emergency shall be provided to the COR or designee within two business days. The cost of backup systems, backup oxygen, and backup equipment shall be borne by the contractor and captured in the monthly rentals and service costs. If H or M size oxygen cylinder is used for backup, the contractor shall furnish an H or M size oxygen cylinder stand for each H or M size oxygen cylinder, regulators, tubing and cannulas. Liquid oxygen supply shall be considered backup oxygen; however, the oxygen supply shall be maintained at the minimum of three times the response time for the contractor at any given patient location. In the event of disaster, natural or otherwise, the contractor shall notify the COR or their designee at the earliest possible time if services covered under this contract may be affected and to what extent. 17.PATIENT TRAVEL: The contractor shall be responsible for coordinating all services and equipment in accordance with the prescription for veterans who travel. Patients shall be instructed by the contractor to notify the VA HRC at least two weeks before intent to travel and four weeks if they are permanently relocating. On occasion, the contractor will provide travel oxygen equipment and supplies on an emergent basis as ordered by VA according to consults/prescription. This may also include requests to ship POCs to patients and the cost for shipping must be communicated to Prosthetics and will be included on the monthly bill. Patient shall be instructed to obtain prescription from their primary care physician/pulmonologist prior to travel and is responsible for coordinating transportation of oxygen/equipment with their respective airlines. When the Veteran is temporarily traveling/relocating outside of the contracted area, the contractor shall coordinate oxygen requirements if that contractor has a subsidiary office located at the temporary destination or arrange with another services/equipment provider to meet the patient’s oxygen needs. The price of utilizing another contractor to accommodate the patients travel will be communicated to the local Prosthetics section/Home Respiratory Coordinator prior to travel date with corresponding costs that are fair and reasonable. Veteran shall be responsible for all travel arrangements and for obtaining oxygen services when traveling outside the United States.18.EQUIPMENT SPECIFICATIONS: All contractor’s electrically powered equipment used in performance of this contract shall be UL approved and shall be the most recently developed in the field at the time of use. The oxygen concentrators shall be Underwriter Laboratory (UL) approved and must at a minimum meet the following specifications: 19.1Concentrators:Deliver 90% oxygen at flow rates up to 10 (LPM).Operate on 120 VAC, 60 Hz.Have thermal protector for compressor.Must be double insulated and have two prong plugs.Have pressure compensated flow meter.Alarms for the following failures required: Power Failure, O2 Concentration, and Irregular Pressure.Have power failure alarm.Be mounted on wheels for easy movement by patient/caregiver.Must meet FDA QSR standards.Sound level of 60db or lessMust have oxygen sensing devices.19.2Oxygen Conserving Device: Contractor-provided electric or pneumatic powered devices must limit oxygen flow to inspiration only and thereby increase the duration of the supply. The conserving devise must be able to function properly in variable temps and freezing condition and must be able to cycle. Pneumatic units must meet the following specifications:Pulse dose from 1 to 6 or higherHave easy to read content gaugeConservation ratio of 5:1 or higherHave back up continuous flow setting option 2-4 LPMLess than 13 ouncesElectric units must meet the following specifications:Pulse dose from 1 to 6 or higherHave easy to read content gaugeConservation ratio of 5:1 or higher from 14-40 breaths per minuteHave back up continuous flow setting option lightweight, weighing only <15 ounces with batteriesdelivers oxygen in the first half of the inspiratory cycleSingle push button selects the equivalent LPM dosage settingsAuto shut-off feature conserves battery lifeFits easily in virtually any carry bag19.3Liquid Oxygen System The contractor’s liquid oxygen reservoirs will be capable of holding approximately 100 Lbs. of liquid for stationary use and to fill portable lox with conserving device capabilities and continuous flow options.Reservoir must have condensation collection tray.Must have quick release valve for easy refilling.Must have flow settings capable of 1- 15 LPM.Number of lox reservoirs provided in the home should be limited, but must provide for continuous LOX over weekends or extended days until replenishment per delivery schedule.Portable Liquid Systems Models that can support liter flows ranging from 1-15 lpmModels available that have continuous flow, continuous flow + pulse flow or pulse onlyMaximum weight of 9 lbs. when fullMaximum evaporation rate of 1.5 lbs./dayMaximum height of 15 inchesCarrying strap and/or strollerMust have quick release valve for easy refillingShall have LED or mechanical content indicators.19.5?????????? Portable Concentrator (large) Shall be FAA approved.Shall be a minimum of 3 (LPM) continuous flow with a minimum of 4 pulse dose optionsShall provide oxygen that is >/=90% on any settingShall weigh nineteen pounds or lessShall have AC/DC capabilityShall have continuous and pulse doses of 40ml or greater flow optionShall have extended life batteriesShall be less than 50 dBA at highest settingLCD DisplayShall be able to utilize 24/7Shall have wheels and stroller handleShall have alarms at a minimum that indicate low oxygen concentration, technical fault, low battery, no flow, depleted battery, external power failure.19.6Portable Oxygen Concentrator (small)– Pulse Dose Only Shall be six pounds or lessShall last minimum of 2.5 hours on highest pulse dose settingShall provide over 8 hours on the lowest settingShall be a minimum of four pulse dose setting optionsShall have easy to read LCD DisplayShall have AC/DC Power supply charging optionsShall be less than 50 dBA at highest settingShall provide oxygen that is >/=90% on any settingShall be FAA approvedShall have alarms indicating Low Oxygen Concentration, Low Battery, No Flow, Depleted Battery, External Power Failure.Shall have carrying strap 19.7Cylinders: The Contractor shall furnish full (capacity per manufacturer), lightweight, aluminum B, C, D, E and M/H cylinders that are in accordance with the Interstate Commerce Commission Regulations, and transport cylinders in accordance with Code of Federal Regulations (CFR) Part 49, U.S. Department of Transportation.19.8 Air Compressor (50 PSI) for high humidity aerosol therapy. This machine is lightweight, durable, quiet, easy to operate and clean. Adjustable from 0-50 PSI50 PSI Compressor SpecificationsElectrical Requirements: 115VAC and 60Hz (Standard U.S. Home Electrical Outlets)Operating Relative Humidity: 95 PercentOperating Temperature Range: 50 Degrees Fahrenheit to 104 Degrees FahrenheitWeight: < 18 pounds 20.Provision of Vendor Equipment at VA sites: The contractor shall, upon request by the facility, stock portable set ups at the VA to send home with Patients. The contractor shall, upon request by the facility, stock replacement cylinders, regulators, carts, carrying bags and oxygen conserving devices. When these units are sent home with a patient, a list will be provided to the contractor at the end of each month listing patient names, last 4 SSN, equipment issued, tanks issued (including size and lot number) so contractor can record this information for inventory purposes. In accordance with the facility request, full liquid oxygen stationary units will be provided to the sites for patients to fill their portable devices if depleted. The contractor shall coordinate with the Prosthetics and Sensory Aids Service and Respiratory Therapy Services at each facility, for accountability and payment. As authorized, the contractor shall deliver a portable set-up or refill for Patient discharge at any local facility. The contractor shall, at the request of VA site, provide at least one pulse dose POC (small) and one continuous flow POC (large) with pulse option to each VA site for evaluating patients prior to discharge that is the same type POC units being rented to VISN 12 at no cost to the government. 21.CONTRACTOR DELIVERY AND VISITS: The contractor shall visit beneficiaries' residences in performance of this contract by appointment normally between the hours of 8:00 AM and 6:00 PM, seven days per week, exceptions shall be made in the cases of emergencies and or patient requests. For routine appointments, the Contractor shall be responsible for scheduling the appointments to the Patient's home upon intake of order with reminder call at least 24-48 hours prior to the appointment. On each scheduled setup/delivery the Contractor shall retrain the Patient on the use and care of the equipment and supplies. When conducting home visits, the Contractor’s representatives shall present a professional appearance and adhere to the following as a minimum:An ID badge shall be affixed to clothing above the waist with the Company name, employee name, and photograph to the front and clearly visible.Shoes shall be clean and in good condition (open toe shoes are not acceptable) and the use of “booties” to slip over shoes or boots if necessary when requested by patients to remove shoes prior to entering residence.Shirts and/or blouses shall be uniform and contain the companies name and/or logo.Appropriate attire in accordance with company policy.21.1The contractor is responsible for making every effort to establish appointments with beneficiaries when initiating set-ups and deliveries. 21.2 Deliveries must not be left unattended at the beneficiary’s home unless other arrangements have been made. If the VA beneficiary chronically fails to meet appointments the Contractor is to notify the Home Respiratory Coordinator. The coordinator will contact the VA beneficiary and a corrective action plan will be implemented. If the Contractor has not made valid and documented attempts to contact the VA beneficiaries for set ups and or deliveries the Government reserves the right to call in a third party and bill the Contractor. 21.3EXCESS DELIVERY: The VA shall not authorize payment for the delivery of excess supplies or equipment; excess deliveries are those provided without prior authorization by the VA.21.4DEMURRAGE CHARGES: The contractor agrees to provide cylinders without assessing demurrage charges on the Government. The Contractor further agrees that the free loan period of cylinders is indefinite, but shall not exceed the term of the contract.21.5LOST OR DAMAGED EQUIPMENT: The VA will not pay for the Contractor’s lost or damaged equipment provided under this contract unless circumstances as reviewed by the Contracting Officer are concluded to be the results of willful negligence on behalf of patients or VAMC employees. Accordingly, this is considered to be the cost of doing business the Contractor is required to absorb this cost. 22. DISCONTINUATION OF SERVICE: a.The Government will notify (via encrypted email or fax) the Contractor in the event of an order to discontinue oxygen service or equipment to any Patient covered under this contract. Payment shall be pro-rated based upon the notification date of discontinuance of service. The Contractor shall notify the COR or designee within the next business day upon discovering a Patient is no longer available for services (i.e. deceased, moved out of the service or contract coverage area, and any other situation in which the Patient is not available for services). Payments shall be prorated based on dates of service provided. b.The contractor shall remove equipment from the Patient's residence at the earliest possible time after order is received or upon patient request with notification to the applicable site’s Prosthetics Home Respiratory Coordinator. The date and time of equipment pickup shall be coordinated with the Patient (if relocated) and/or next of kin and/or significant other. The contractor shall honor Patient's or family's requests to pick-up equipment before or after funerals or family gatherings relative to Patient funerals. The contractor shall treat such requests with the utmost courtesy, and give such requests the highest priority.c.Patients may REFUSE all (or partial) equipment at any time; the contractor MUST have patient sign an AMA – Release of Liability (see Attachment C) to accurately document all (or partial) oxygen equipment picked up with patient’s reason for refusal. Contractor MUST forward the patient-signed AMA – Release of Liability document to the appropriate VA's Home Respiratory Coordinator within three business days. 23. REQUIREMENTS AND STANDARDS: The Contractor’s employees shall conform to all regulations, Federal, State and local, governing the performance of contracted services in each state in which performance occurs. VAMC facilities have been designated NO SMOKING areas in their entirety. Individuals found in violation of this no smoking policy shall be subject to a federal citation for disregarding posted safety rules and regulations in accordance with the local VAMC policy. Furthermore, Contractor shall be directed to stop work. Contractor shall notify all its employees and/or sub-contractors of this strict enforcement policy.24.INFECTION CONTROL/COMMUNICABLE REQUIREMENTS:The contractor shall provide a current plan for surveillance, prevention, and control of infection at time of proposal submission. The plan shall meet or exceed current Joint Commission standards. The contractor shall provide a list of names to the applicable site’s Prosthetics Coordinator or designee of all Patients exposed to communicable diseases by contracted staff during an identified incubation period within 24 hours of identifying this exposure. The type of exposure shall also be identified in the notification.The COR or their designee shall consult with VA infection control staff regarding the need to contact exposed Patients and/or complete any needed medical follow-up.Universal precautions shall be used to prevent exposure to blood borne diseases when handling all contaminated equipment/items. Gloves shall be worn when handling items soiled with blood and/or body fluids. Hands shall be washed before and after visiting each Patient and when gloves are removed. Contaminated equipment shall be separated from clean equipment. The Contractor's warehouse shall have clear demarcation between contaminated and clean storage areas. Delivery vehicles, if dirty and clean equipment is transported in the same vehicle, shall have a clearly demarcated area for clean and dirty items. Contractor's procedure for handling the pickup of dirty equipment shall meet or exceed Joint Commission Standards.25.SAFETY REQUIREMENTS: In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer or the COR determines to be reasonably necessary to protect the lives and health of all persons affected by this contract. The Contracting Officer or COR shall notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be followed in writing within one business day. If the Contractor fails or refuses to comply with these safety requirements, the Contracting Officer may (as stated in FAR 52.212-4(m)) issue an order terminating all or any part of the work.26.STANDARDS AND GUIDELINES REFERENCE:American Association for Respiratory Care ()American Society for Testing Materials (ASTM) minimum standards specification for electrically powered home care portable ventilators ()Association for the Advancement of Medical Instrumentation (AAMI) ()Joint Commission Standard for Home Care, current year standard. ( )Appropriate state board for licensed professionalsThe American Respiratory Care Foundations for Respiratory Equipment Used in the HomeVHA Handbook 1172. B. 3 Home Respiratory Care Program 27.Qualifications of CONTRACTOR: Each branch office or distribution point must be nationally accredited and meet or exceed Joint Commission standards. Proof of such accreditation must be submitted to the VAMC initially and on an annual basis to provide home oxygen services. The contractor must maintain accreditation throughout the duration of the contract. The contractor shall notify the COR immediately of any changes in accreditation statusThe Contractor’s respiratory therapy staff shall have experience in successfully administering homecare respiratory equipment and services to adult and geriatric Patients. They also must be well versed in all outpatient respiratory equipment including: concentrators, LOX devices, portable concentrators, PAP devices manufactured by Respironics, ResMed (or other major manufacturers of sleep devices), mask fitting, troubleshooting PAP/BIPAP/AVAPS devices, Pulmonetics or Trilogy ventilators, cough assist devices and related functions. The Contractor shall be responsible for coordinating, supervising and evaluating the services provided. The contractor shall have on file a current criminal background check for each employee assigned to this contract.Contractor shall provide staff with documented competency training to deliver prescribed supplies/cylinders/liquid oxygen (LOX) as required to each Patient as needed. All Patients shall be visited in accordance with SOW/CLINS and all equipment in the home shall be maintained as recommended by the manufacturer. The Contractor shall develop, maintain, and make available for review, personnel folder for all employees performing under this contract.The Contractor shall provide initial and annual documentation of employee orientation, background checks, licensure verification, ongoing employee education, and ongoing assessment of employee competency for all employees involved with the delivery/recovery/training and education of equipment covered under this contract according to Joint Commission Standards. The Contractor shall provide copies of personnel files to the facility COR or designee within 14 working days of the date the contract is awarded. Files for all newly hired staff shall be forwarded to the Contracting Officer and the COR or designee within 14 working days of the date of hire.The Contractor shall provide COR or their designee with a list of all employees currently competent to perform delivery/recovery and Patient education services at the time the contract is awarded. COR or their designee shall inspect employee files at the time of the inspection of Contractor premises and vehicles. Employee files shall be maintained at the local contract site.The Contractor shall educate, evaluate and document employee education in strict accordance with current Joint Commission accreditation standards.Only employees that have been properly trained and who have demonstrated competency shall perform equipment deliveries, recoveries, and Patient education on the equipment.28.VEHICLES: The vehicles used in the performance of this contract shall be licensed and meet the minimum requirements as mandated by each state/county/city in which performance occurs. All vehicles shall be clearly identified with the contractor’s name. 29.EVIDENCE OF COVERAGE: Before commencing work under the contract, the Contractor shall furnish the Contracting Officer with a certification from his/her insurance companies indicating that the coverages for this contract have been obtained. This may not be changed or canceled without written notice within thirty (30) days to the Contracting Officer. ERNMENT SITE Visits: 30.1 Home Oxygen: Periodic, unscheduled on-site contractor, home oxygen Patient, and Ventilator Patient visits shall be made by Prosthetics Home Respiratory Coordinator or local sites Prosthetics Supervisor to monitor the Contractor's performance under this contract. The Contractor shall make available (via encrypted email or fax if requested) all records and documentation necessary during the monitoring visits to the COR or designee. Other visits may be made by the Joint Commission surveyors and the Home Respiratory Coordinator (HRC) from each facility.30.2 DME: Periodic scheduled or unscheduled visits to the contractor’s facility and to Veteran’s place of residence will be made by a COR or PSAS representative to monitor the contractor’s performance under this contract. At a minimum, unscheduled visits to the contractor’s facility will be conducted quarterly. The contractor shall permit these visits during normal business hours without advance notice. The contractor agrees to make available all records and documentation necessary during the visits to the contractor’s facility. A written report of each inspection shall be submitted to the contractor within ten working days of the completed inspection. The contractor will have ten working days after the receipt of the VA report to respond to any discrepancies in the report. The COR and/or PSAS clerk may also contact veterans by telephone or in person. 31.REPORTS: The contractor shall provide the following reports to the COR by the designated timeframes established below:Data Collection Month Report Due on or Before January, February, March April 15thApril, May, June July 15thJuly, August, September October 15thOctober, November, December January 15th31.1 Daily Activity Report (DAR)– The contractor shall create and maintain an excel spreadsheet to record all incoming orders per VA site and maintain/update spreadsheet daily with report of all activity the 24 business hours prior sent to VA HRCs by noon each business day. The DAR shall include date order received, type of order (oxygen set-up, CPAP set-up, DME delivery, pick-ups etc.), date completed and comment section. This tool provides a status update to all sites in relation to any orders sent to the contractor. The comment section shall be utilized to communicate delays or order issues to Prosthetics and the HRCs at each site. In the interim of obtaining encryption capabilities to transmit in email, order completion paperwork will be communicated via fax to the local HRC/Prosthetics section.31.2Periodic Performance Review Report: The Contractor shall provide a written, quarterly report addressing all Joint Commission Standards for improving organizational performance (The Joint Commission standards may be accessed at ). The Contractor shall submit their Periodic Performance Review for ALL contracted services to the COR or designee via encrypted email or fax within 90 days of the end of base or option year annually. The Contractor shall assess and score each Joint Commission standard and element of performance that is applicable to the contracted services by entering a self-assessed score. Any noncompliant findings or gaps in service identified on the self-assessment shall require a plan of action to correct as part of the Periodic Performance Review submitted to the COR or designee.31.3Incident Report: The Contractor shall report special incidents found or occurring during regular home visits or after hours service requests, including finding Patients in need of emergency medical assistance, safety hazards that do not fall into the category of presenting immediate life-threatening danger to the Patient or Contractor’s staff, inability to contact a Patient within a reasonable period of time, and any other incident meeting the Contractor’s written policy for incident reporting in accordance with the Joint Commission accreditation standards. All reports, containing confidential Patient information shall be provided to the Prosthetics Home Respiratory Coordinators (HRCs) via encrypted email using a standard encryption scheme, such as PKI or fax within 24 hours. Life threatening situations (i.e. 911, police, and any other emergency) shall be reported to the proper authorities immediately. The Contractor shall maintain a file containing all incident reports at its place of business which are to be reviewed when site visits are performed or requested documentation via email.31.4Customer Satisfaction Report: The Contractor shall collect satisfaction data from Patients and their families realted to the provision of equipment or performance of services on a quarterly basis in accordance with Joint Commission standards. A copy of survey results shall be submitted to COR or designee in Quarterly reports via encrypted email or fax. The quarterly report is due to the COR within the tenth working day at the conclusion of the quarter. The reporting quarters are as follows: October 1st through December 31st, January 1st through March 31st, April 1st through June 30th and July 1st through September 30th. 31.5Infection Control Report: The Contractor shall collect, trend, and report on data related to the Contractor’s Infection Control Program to the COR or designee on a quarterly basis for each contract performance period via encrypted email or fax. The quarterly report is due to the COR within the tenth working day at the conclusion of the quarter. 31.6Performance Improvement Report: The Contractor shall collect, trend, and report on important processes and outcomes data related to Patient care and organizational functions to the COR or designee on a quarterly basis for each contract performance period via encrypted email and fax. The quarterly report is due to the COR within the tenth working day at the conclusion of the quarter31.7Fall Prevention Report: The Contractor shall collect data on falls and outcomes through conversations with the patient and caregivers on a quarterly basis for each contract performance period. The report shall indicate when the incident occurred, were injuries involved, possible causes of fall (i.e. medication, tripping hazard, and/or other situations), as well as corrective action plans, and patient education conducted. This report shall be provided to the COR or designee via encrypted email and fax. The quarterly report is due to the COR within the tenth working day at the conclusion of the quarter.31.8Priority Patient Concern (PPC) Reports: The Contractor shall provide Priority Patient Concern Reports (see attachment F) throughout the contract period (initial notification shall be made immediately via phone to the local Prosthetics Coordinator (HRC) or VISN 12 Program Support Assistant with a report sent within 24 hours of when the Contractor is aware of the event.31.9 Sentinel Events: The Contractor shall inform the local Prosthetics Home Respiratory Coordinator immediately of a Sentinel Event via phone, encrypted email or fax that occurs during the performance of this contract that involves the patients serviced under this contract.31.10Patient Abuse: The contractor shall report suspected incidents of Patient abuse or neglect. Suspected incidents shall be reported to the COR or their designee, as well as to the adult protective agency. The contractor shall follow all state and local laws in reporting suspected incidents of abuse or neglect. 32.HIPAA COMPLIANCE: 32.1The contractor shall adhere to the provision of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).32.2The contractor shall internally maintain a Patient account folder holding all documentation related to the supplies and services provided in compliance with the Privacy Act and Health Insurance Portability and Accountability Act (HIPAA). All Patient files are subject to review by designated VAMC officials and accreditation surveyors on behalf of the VAMC during accreditation surveys or consultation. At a minimum the Patient folder shall adhere to current Joint Commission standards for Patient record keeping.32.3Any and all documentation and files related to the VA Patient record during the duration of this contract is the property of the VA and shall be returned to the facility’s COR by the Contractor upon the termination or non- renewal of this contract.32.4It is required that the contractor coordinate with the COR to obtain VA Public Key Infrastructure (PKI) encryption within 30 days of award to communicate patient identifiable information with the VA while protecting patient confidentiality. In the interim of obtaining encryption for vendor employees and management, any communication that contains patient identifiable information must be faxed to the appropriate VA points of contact or communicated by phone.33.Transition Period: At the end of the contract period a transition period shall be required during which the incumbent contractor shall continue to provide home oxygen supplies and services. 33.1Phase In: The incoming contractor shall replace all appropriate VA-authorized (incumbent contractor-owned) equipment presently located in residences of beneficiaries with the incoming contractor’s equipment or government GFE as soon as possible after award, but not to exceed ninety (90) days from date of contract award. Incoming contractor shall coordinate with the incumbent contractor during the transition period relating to the removal of the incumbent contractor’s equipment from the Patient residences after replacement equipment is delivered. The change shall include delivery, setup, and instruction as further specified herein, and shall be accomplished without disruption in supplies and services to the veteran or the VA. Transition date of each beneficiary shall be noted, to include the transfer of responsibility regarding Government Furnished Equipment (if applicable). The billing period shall begin on the noted transition date. Payments shall be assessed based on the providers established rate and prorated from setup date. Prorated monthly rates are based on a 30-day month and apply to all monthly rental equipment and services.33.2Phase Out: In accordance with FAR 52.237-3 Continuity of Services, the contractor realizes that the services being provided under this contract are vital and must be continued uninterrupted. The outgoing contractor shall not remove any equipment from the beneficiary’s residence until replacement equipment has been installed. The outgoing contractor shall coordinate transition of equipment /supplies/services with the incoming contractor as soon as possible, but not to exceed ninety (90) days from date of contract expiration. If additional transition time is required beyond contract expiration, the contractor shall be paid on a pro-rated basis. Prorated monthly rates are based on a 30-day month.34.QUALITY CONTROL PROGRAM (QCP): The contractor shall develop and maintain an effective quality control program to ensure services, equipment and supplies are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is how the contractor will assure compliance with the contract terms and conditions to prevent, and ensure non-recurrence of defective services. The Contractor’s QCP at a minimum shall include: Description of the methods and procedures for conducting audits pertaining to equipment, services and supplies to patient, documentation and patient records management, equipment service and inspection, patient education, home assessments, emergency and backup services, safety and performance measures compliance.Planned approach to meeting or exceeding Joint Commission standards for home oxygen servicesPlanned approach to management of professional staff to provide for continuum of care as required by the SOW.Processes the contractor will employ to provide for timely submission of reports that are complete, accurate, legible and patient specific to avoid “canned documentation” practices by staff in the performance of their education, assessments and corresponding documentation.Planned approach to appropriate orientation programs, required training, and on-going training efforts for all employees involved in the delivery of home care equipment and services. Planned approach if performance improvement is indicated by the VA or from observations made by the contractor’s internal monitoring.Planned approach for ensuring Joint Commission standards are being met/analyzed and reported.Inspection instructions which include the specific criteria for approval and rejection of services that will be used in each inspection or audit; checklists may be used for this purpose.A draft QCP shall be submitted to the CO no later than the post-award conference. The final QCP shall be submitted to the CO no later than 30 days from the date of the post-award conference. After acceptance of the quality control plan the contractor shall receive the COs acceptance in writing of any proposed change to the Quality Control Program. The contractor shall maintain records of all audits and inspections and make available to the VA or authorized surveyors accompanied by VA personnel and/or other accrediting agencies upon request.35. SERVICE SUMMARY: The Services Summary provides information on contract requirements and the expected level of contractor performance. The contract service requirements are summarized in the following performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimally acceptable levels of service required for each performance objective. The method of surveillance describes the frequency and method of surveillance planned by VISN 12 See QASPSECTION II DESCRIPTION OF SERVICES - HOME MEDICAL EQUIPMENTRequirements for Home Medical Equipment Services: The contractor shall deliver, recover and service home medical equipment at Veteran’s place of residence after receipt of orders in accordance with the terms and conditions of this contract. DME services include other requirements and activities identified within this work statement.CONTRACTOR’S FACILITYThe contractor shall maintain and operate from a contractor-owned or leased facility that shall be physically located in the geographic area in which the contractor will provide DME services. The facility shall include an office and a warehouse area for unloading/loading, storing, repairing, and cleaning of DME. The facility shall include telephone, facsimile transmission, and e-mail capability. The contractor shall maintain a toll-free telephone number for emergency purposes so that contact can be made outside of normal business hours, advise the VA of that number, and be prepared to provide services on an emergency basis. Contractor shall respond by telephone within 30 minutes after receipt of an emergency call. It is anticipated that these emergency calls would be infrequent.The contractor shall maintain business hours of operation at the facility that, at a minimum, include an eight-hour period between 8:00 a.m. and 8:00 p.m., local time, Monday through Friday, excluding Federal holidays. VISN 12 hours of operation at all facilities are 8:00 a.m. – 4:30 p.m. Below are the Federal Holidays and any special circumstances that may apply.Federal Holidays: The holidays observed by the Federal Government are:New Year’s DayJanuary 1Martin Luther King Jr. BirthdayThird Monday in JanuaryPresidents DayThird Monday in FebruaryMemorial DayLast Monday in MayIndependence DayJuly 4Labor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberVeterans DayNovember 11Thanksgiving DayFourth Thursday in NovemberChristmas DayDecember 25or any other day specifically declared by the President of the United States of America to be a Federal Holiday.When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.The contractor shall identify key personnel and all employees who will provide DME services at a Veteran’s place of residence to the Contracting Officer and COR. The contractor shall also identify subcontractor personnel in similar employee positions in writing. The contractor shall submit a list that identifies all contractor/subcontractor personnel upon contract award and submit a revised listing which shall identify all changes in these employees within five calendar days after any changes in contractor/subcontractor personnel are made. Key personnel shall be given the authority to represent the contractor in all day-to-day matters. The contractor shall identify at least one individual who has the authority to fully represent the contractor in all contract matters. The contractor shall be responsible for the acts and omissions of all employees, including the employees of any subcontractors.Periodic scheduled or unscheduled visits to the contractor’s facility and to Veteran’s place of residence will be made by a COR or PSAS representative to monitor the contractor’s performance under this contract. At a minimum, unscheduled visits to the contractor’s facility will be conducted quarterly. The contractor shall permit these visits during normal business hours without advance notice. The contractor agrees to make available all records and documentation necessary during the visits to the contractor’s facility. A written report of each inspection shall be submitted to the contractor within ten working days of the completed inspection. The contractor will have ten working days after the receipt of the VA report to respond to any discrepancies in the report. The COR and/or PSAS clerk may also contact veterans by telephone or in personJOINT COMMISSIONThe contractor is responsible for ensuring that contractor employees providing work on this contract are licensed to provide care in the states where work is performed, fully trained and completely competent to perform the required work. The contractor shall comply with all applicable standards of The Joint Commission, and meet or exceed all Joint Commission standards for all services provided herein. Each contractor and subcontractor facility (i.e., main facility, branch facility, etc.) shall meet or exceed all Joint Commission standards to include all NPSGs for all services provided herein. Contractor will comply with current Joint Commission Home Medical CMS requirements and will comply with any amendments and future requirements as published. As a part of its survey of a VA facility, The Joint Commission may evaluate contracted services. The contractor shall fully cooperate with the VA and support all Joint Commission survey activities. All documentation maintained by the contractor as part of this contract is subject to review by a Joint Commission surveyor, or by VA personnel and/or a Joint Commission consultant hired by VA.The contractor’s comprehensive procedure manual shall become part of this contract and shall be provided to each COR at execution of the contract. The manual shall include but is not limited to delivery/set up, infection control, DNR policy, safety, rights and responsibilities, inventory, employee training and annual competency assessment records, primary source verification of state licensed employees (prior to visiting VA Beneficiary), performance improvement, etc.Contractors do not have to be Joint Commission accredited; however, non- Joint Commission contractor shall comply with 3.1 above. Contractor will provide documentation of how they are meeting Joint Commission standards and quality management program to assure on-going performance congruity with published Joint Commission standards and Veteran safety initiatives. Non-Joint Commission Contractors will review yearly Joint Commission standards and Veteran Safety goals and will provide COR’s a written plan to meet Joint Commission expectations by April 1 of each year of contract. Contractor shall notify the Contracting Officer of any changes in accreditation status during the life of the awarded contract. The contractor shall complete quarterly quality improvement monitors and provide copies to each facility COR by the 15th of the month following the quarter.The contractor must be licensed to provide/deliver DME in the state(s) in which they service Veterans.PRIVACY & CONFIDENTIALITY: Federal Privacy and Confidentiality Statutes: The contractor will be given beneficiary information that may include Veteran’s name, place of residence address, telephone number, and social security number. Beneficiary information is confidential and is protected under the Privacy Act of 1974, and the Healthcare Insurance Portability and Accountability Act of 1996 (HIPAA). See FAR 52.224-1 and 52.224-2. Any individual making unauthorized disclosure may be criminally liable for violations under the Acts. The contractor shall not use or further disclose beneficiary information in a manner that would violate the Federal privacy and confidentiality statutes.CONTRACTOR EMPLOYEESThe contractor shall be staffed to render satisfactory and timely service to the Veteran. All services shall be performed in accordance with Joint Commission standards by a competent professional familiar with the DME involved (See section II paragraph 7.1) and who has demonstrated competency. Contractor employees providing services shall have a current health record compliant with state and local community health regulations, education, training, and experience commensurate with the DME and scope of services provided. Repair personnel for returned/retrieved equipment shall have the ability to repair DME and components, including electrical items. Contractor shall validate that the delivery staff has the skills to educate the veteran/caregiver in the safe and effective use of all equipment. The contractor shall provide and document both initial employee orientation and on-going training, which demonstrates the employee’s knowledge, experience, and competence, are appropriate for his/her assigned responsibilities. The contractor shall document assessment of employee competency. Employee records shall include evaluations of performance. As a part of the employee’s initial orientation, the contractor shall provide an orientation on the VA and on the requirements of this contract. Training topics shall cover all aspects of the services provided under this contract, including Veteran confidentially, Veteran safety and risk assessment, HIPAA, communicating safe use and care of DME to Veterans and caregivers, and infection control procedures. The Contractor assures all personnel comply with VA requirements such as Safety, Ethics, HIPPA, and any future VHA requirement of business associates. Documentation of the VA orientation will be provided to the COR once developed but no later than 30 days post award.Contractor’s employees are expected to be discreet, tactful, demonstrate concern, compassion, and patience with a high degree of professionalism and understanding. Some Veterans have physical disabilities or chronic illnesses that influence their behavior and lifestyle. Any verbal and/or physical abuse, unprofessional behavior or conduct toward a Veteran and/or caregiver will not be tolerated. The VA reserves the right to request the removal of any contractor employee from performance of services under this contract if his/her behavior and/or level of services provided are not in strict accordance with the requirements of this contract. The contractor must incorporate age specific competencies in all job descriptions for employees that come in contact with any veteran/caregiver affected by this contract.The contractor shall make employee records available for review by VA personnel. This request may be made during visits to the contractor’s facility or the contractor may be requested to submit the documentation to the COR’s location. The contractor shall provide a list to the Contracting Officer that identifies all employees currently competent to provide DME services, which identifies the employee’s name, location of contractor’s facility where they work, and the type of services they provide. The initial list shall be submitted within 10 calendar days after contract award, and revised lists shall be submitted within 5 calendar days after any changes in contractor personnel are made.Contractor shall conduct background checks on all personnel providing services under this contract and shall ensure that these personnel are fully qualified to perform under this contract.To ensure that the individuals providing services under the contract have not engaged in fraud or abuse in accordance with Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services – Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (oig) for each person providing services under this contract. Further, the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities. GOVERNMENT-FURNISHED PROPERTYThe following Government-furnished property may be provided by the VA in the performance of this contract, all of which remain the property of the VA and contractor shall manage in accordance with SOW:Hospital beds (any type/size hospital bed, electric or manual)Mattresses (including specialty mattresses)Over-bed tablesPatient transfer lifts (e.g. Hoyer, Reliant, Sarah, etc. manual or electric)Scooters Side railsTrapeze assembliesWalkers (standard and (4) four-wheel walkers)Wheelchairs (manual and power devices)Portable rampsFeeding pumpsIV pumpsBathroom safety equipment (bath seats, benches, grab bars, commodes, raised toilet seats, etc.)Oxygen ConcentratorsPortable Oxygen ConcentratorsVentilators (to be plugged in when stored at the vendor if requested at no cost)Oxygen conserving devicesCough assist devicesSPECIFIC TASKSA PSAS Representative will provide the contractor with notification to initiate or discontinue DME services for a Veteran. DME services performed at a Veteran’s place of residence include delivery, set-up, education and instruction regarding use of the DME, and/or pick-up of VHA issued DME.PSAS will place all purchase orders via fax for the delivery or pickup of government owned DME. Contractor shall have a facsimile in place at their facility to allow continuous communication and shall have personnel on duty, or within paging range, to respond to calls at all times. A confirmation return receipt fax is required within two hours for all orders placed to ensure prompt service. Delivery and pickup of all DME shall be made within three business days or as specified on order. Every effort shall be made to confine deliveries and pickups to normal business hours. However, PSAS may place an order for immediate service; therefore, the contractor may be called on to make deliveries at any time, 24 hours a day, seven days a week, including Federal Holidays. These circumstances will be charged at an expedited rate (see response 9. a. – d.)The contractor shall visit a Veteran’s place of residence in performance of this contract by appointment only, between the hours of 8:00 a.m. and 6:00 p.m., local time, on a business day. The contractor shall schedule the appointment one to two business days prior to the appointment. Exceptions will be made in the case of special orders. Appointments shall be at a time mutually agreeable to the Veteran and the contractor, and appointments shall be given in four-hour time blocks. The contractor is responsible for making reasonable efforts to establish an appointment with a Veteran. If contact cannot be made within two business days, or if a Veteran chronically fails to meet appointments, the contractor shall notify PSAS for further instructions.The PSAS Representative will notify the contractor if a Patient passes away, and will include on the purchase order information on the next of kin and/or significant other that the contractor shall contact to arrange for pick-up of the DME. The contractor shall honor family’s request to pick-up DME before or after funeral or family gathering relative to the veteran’s funeral. If the contractor becomes aware of a Patient’s death before the VA, the contractor shall notify VA within 24 hours of learning of the Patient’s death.The contractor shall be responsible for contacting the veteran to schedule a time that is convenient for the veteran/caregiver to accomplish required service. If the contractor is unable to keep scheduled appointments for service, the Veteran shall be advised at least two hours prior to the appointment time. If arrangements for deliveries cannot be accomplished within the three-calendar day time frame, including at the Veteran’s request, the appropriate facility prosthetic representative shall be notified in writing via fax. In the event the contractor is unable to meet the required service response time, VA reserves the right to obtain the service from another source and charge the contractor with any excess cost which may result.At the time of delivery, a documented ground safety check will be performed on all outlets being utilized for DME. All equipment shall be set-up in the area of the patient’s preference, if safety permits. Contractor shall relay to the patient on behalf of the VA that any identified ungrounded/unsafe outlets are the responsibility of the patient to correct. The VA shall not be responsible or liable for any unsafe electrical condition caused by the contractor or veteran. Contractor shall be responsible for identifying safety hazards and clearly documenting them on the patient education training form.The contractor’s personnel setting up and assembling any equipment shall:Make adequate site preparation of the home equipment;Unpack and assemble equipment in a condition to be used, including removal of all packaging material from patient’s residence;Instruct the patient and/or caregiver in the correct use, care/handling, cleaning and maintenance of equipment, including a demonstration of correct use and observing a return demonstration by the patient and/or caregiver;Perform a general environmental safety inspectionInstruct patient on basic home safety, fall safety electric/fire safety, storage, and where to call in case of an emergency;Instruct patient and caregivers regarding infection control and precautions;Inform Patient of his/her rights and responsibilities;Inform patient of emergency preparedness.Ensure all alarms are functioning and are audible in accordance with the National Patient Safety Goals Provide patient/caregiver information about when or who they should contact at the VA when repairs are needed.The contractor shall include the following VA documents with its information packet when delivering equipment to all patients served under this contract: Prosthetics Oxygen/DME patient's right and responsibilities.Miscellaneous Patient Education Materials including manufacturer’s owner’s manuals.Copies of these documents will be provided to the contractor for use in duplicating sufficient copies for the information packets.The contractor shall document details of all items completed in 7.8 and have the patient/caregiver acknowledge receipt of equipment, safety and education via signature on the delivery document.The contractor must provide patient education instructions at the time of DME set-up to the Patient and/or caregiver, in accordance with all Joint Commission standards, in the proper use/function, care, safety, maintenance, cleaning and infection control of the furnished item(s). Instructions provided will be both verbal and in writing and include the equipment manufacture instruction manual if applicable. The contractor will specifically document the patient education. Education shall be conducted by qualified personnel experienced and familiar with the items specified under this solicitation. The contractor shall demonstrate the safe and appropriate use of the DME, and observe the Veteran/caregiver physically demonstrating such correct and safe operation of the DME. The contractor shall explain any known warnings, hazards, malfunctions, and the Patient’s responsibilities in the care and use of the DME. Contractor shall allow the Veteran or caregiver to ask questions, and shall provide appropriate guidance and answers to all concerns that were raised. The contractor shall provide additional instruction if necessary. If the Veteran/caregiver cannot demonstrate or understand how to safely operate the DME the Prosthetic representative is to be contacted immediately, no-later than the next business day 12:00pm.REFUSAL OF SERVICE. All patients have the right of refusal of service. In the event a patient refuses service or orders the equipment to be removed from the home, the Contractor shall comply with the patient’s wishes, however, in addition to a written report (AMA form) which includes the patient’s signature on the visit documentation form noting refusal, the Contractor shall report the specifics of the refusal to the PSAS clerk by telephone within 1 hour. This initial contact shall be followed up by a fax of the form showing refusal. If the refusal occurs during a home visit, the Contractor’s staff shall make an attempt to notify the facility PSAS representative of the refusal during the home visit. If, through no fault of the contractor, the Veteran/caregiver refuses acceptance and signs a refusal statement after the contractor has made the trip, then payment shall be made on the same basis as though the DME had been delivered, set-up, and customer education provided. Contractor shall contact the PSAS Representative for re-authorization in all cases prior to attempting re-delivery for refusal of equipment, e.g., wrong address, Veteran/caregiver not home, etc.Contractor shall have procedures designed to assure equipment is safe, sanitary and operating according to owner’s equipment manual (OEM) when used in the patient’s home. All reissued DME equipment delivered shall be cleaned/sanitized/disinfected by approved methods and shall be in operable condition in accordance with the manufacturer's recommendations. In the event a piece of unserviceable DME is delivered or the delivery is incomplete as determined by the COR or facility PSAS clerk, (i.e., all components not delivered) subsequent trips shall be made without additional cost to the government. Subsequent trips shall be made within one day of the COR or facility PSAS representative’s determination that the delivery was incomplete.All contractor employees shall wear identification badges when providing DME services at a Veteran’s place of residence. Prior to entering a Veteran’s place of residence, contractor employees shall present a photo identification badge to the Veteran/caregiver and verbally identify themselves. The badge must include the company name, employee’s name, and employee’s picture. Only contractor’s employees that have been identified in writing to the Contracting Officer and COR will be allowed to provide DME services at a Veteran’s place of residence. All costs associated with obtaining cards/badges are the contractor’s responsibility. The contractor and its representatives shall neither directly nor indirectly make recommendations or comments to Veteran with respect to the services being provided to the VA under this contract. The contractor shall refrain from discussing decisions to repair or replace items of equipment or any services not specifically delineated in this contract to Veterans or caregivers. Any concerns raised by the Veteran/caregiver outside the scope of this contract regarding services provided shall be addressed to PSAS for resolution.ASSESSMENT REQUIREMENTSThe contractor shall perform an assessment of the Veteran’s place of residence and environment in accordance with Joint Commission accreditation standards, before placing and setting up DME, and document the results of the assessment. The contractor shall report to PSAS any environment conditions that may limit or deny the veteran the benefit of the DME (such as the delivery of a powered wheelchair that cannot provide egress without assistance because of narrow doorframe opening). Within the area of the Veteran’s place of residence where the DME is to be set-up, the contractor shall move or help the Veteran move household items, so that the DME may be set-up. To minimize the impact of having to move household items after arriving at the Veteran’s place of residence, when the contractor contacts the Veteran and establishes an appointment, he/she shall ask if the area where the DME is to be set-up will be cleared of household items to facilitate installation of the DME.Before installing any DME that involves the use of electricity, the contractor shall check the adequacy of the electrical outlets and immediately report unsafe conditions to PSAS. If needed, an adapter and/or ground to the plate must be provided by the contractor at no additional cost. The VA shall not be responsible or liable for any unsafe electrical conditions caused by the contractor. Any alterations to the Veteran’s residence shall be the sole responsibility of the Veteran. If the only problem is that the outlet where the DME will be plugged in is not grounded, the contractor shall provide and install a three-prong adapter at no extra cost.The contractor shall advise the Veteran and caregiver of obvious safety and environmental hazards noted during the assessment (i.e., overloaded outlet or other electrical problems, etc.), and suggest methods for correcting the problem(s). The contractor shall notify the PSAS Representative immediately by telephone upon discovery of safety or environmental hazards that will prevent the contractor from setting-up the DME until the hazards have been corrected. VA will work with the Veteran to abate the condition preventing set up of the DME. The contractor shall be paid for the trip to the Veteran’s place of residence provided the contractor notifies the PSAS Representative while still at the Veteran’s place of residence.The contractor shall immediately report to the applicable VA site’s Prosthetics section any apparent changes noted in the Veteran’s status, address, and/or any problems that may warrant the attention of the VA including the need for education, safety training, or reporting the unsafe or deliberate misuse of/or destruction of VA provided DME. The contractor shall also report if it appears the DME is primarily used by someone other than the Veteran.DME DELIVERY PAPERWORK: The contractor shall provide and complete delivery paperwork on each visit to a Veteran’s place of residence. The contractor shall document assessment performed, Veteran equipment and supply education and instruction provided. The Veteran/caregiver shall demonstrate the correct and safe utilization of the prescribed device to the contractor after being educated. This demonstration shall also be documented on the paperwork completed. The contractor shall obtain the Veteran’s or caregiver signature on the checklist. The Veteran’s/caregiver’s acknowledgement of receipt of DME, product manual and information including model number, product description, information on whether the equipment delivered was new or refurbished, and model and serial number if applicable, Veteran education materials and the VHA Patient Rights and Responsibilities handout (see Attachment H). Copies of all aforementioned information listed shall be submitted to PSAS for each delivery.DISCONTINUATION OF DME SERVICE/RECLAIMED EQUIPMENTContractor shall inspect and sanitize all returned equipment at no charge to the government prior to placing in storage in accordance with Storage/Inventory requirements. After inspection of returned item(s), if items need repair, the contractor shall adhere to the following:Minor repairs – Examples: Tighten wheels and casters on wheelchairs, check for loose wiring on motorized wheelchairs and electric beds, minor spot painting of small areas of chipped paint or rust spots on recovered items to be placed in storage. After cleaning and sanitizing, the equipment shall be lubricated with an appropriate grease, oil, and /or silicone spray. Any rust spots shall be wire brushed prior to spot painting. These services will be provided at no cost to the government. Major repairs - if repairs are necessary, the contractor shall submit an estimate of charges for approval and acceptance by the appropriate COR or designee, prior to repairing.The contractor shall guarantee all repair parts and workmanship for 90 days from the date the DME unit is re-issued to a Veteran. If the manufacturer offers a longer warranty period then the longer warranty period shall apply. Contractor shall, within the defined period, remedy all resulting defects and faults attributed thereto at his/her own expense, within three calendar days after being notified by the VA.The contractor shall repair and/or adjust all DME that is retrieved by and/or returned to the VA. These repairs shall be done at the contractor’s facility. The contractor shall submit a quote and receive prosthetic representative approval before proceeding. Once repaired, the unit would then be added to the VA inventory.The contractor shall perform all required repairs in accordance with the manufacturer’s specifications. All parts or materials used in repairing items shall be new, and in accordance with the manufacturer's specificationsIn the event veterans request repairs of government provided equipment, the contractor must call the appropriate Prosthetic employee with estimate. After verbal approval and issuance of purchase order number, contractor shall make necessary repairs.The contract hourly labor rate for repairs of reclaimed VA owned equipment located at the contractor facility will be paid only when such services have been requested and approved by the VA. Labor charges shall be computed in quarter hourly increments from the time work actually commences until work is completed. Contractor shall guarantee all materials and workmanship for a period of 90 days from the date or repair or reissue, whichever is later.Upon completion of all repairs, the contractor shall submit an invoice to the PSAS Representative. The invoice shall include the total repair cost and itemize all labor and parts/material costsContractor shall reissue reclaimed/refurbished equipment in lieu of new equipment. Contractor shall repair/refurbish VA owned equipment within three days, in accordance with the manufacturer's guidelines with verification documented on VA's Equipment Delivery Checklist.When medical accessories or equipment, which have been reclaimed from patients is to be reissued, the rate quoted by contractor for delivery shall include set-up, adjustments and patient education in the use of the accessories or equipment.Contractor shall pick up an item when notified by the VA. All equipment returned and restored shall be added to the appropriate medical facility’s inventory. PSAS Representatives will determine when DME is beyond economical repair. The contractor shall dispose of DME if and when a PSAS Representative has determined that the DME is beyond economical repair. Disposal of DME shall be made in accordance with Federal, State and local environmental requirements at no additional cost to the Government. Ownership of all equipment (new and/or used) shall remain with the government. The contractor shall be directly responsible and accountable for all Government property while it is under its possession, and shall establish and maintain a system to control, protect, preserve, and maintain the items in optimum condition. The contractor shall identify Government Furnished Property (GFP) by tagging and segregating in such a manner to clearly indicate Government ownership.Equipment that can be re-issued shall be placed into the contractor’s inventory management program as directed in section 15 and recorded as “USED.”Parts may be salvaged from DME that cannot be reissued if in good condition. These parts may be used to repair similar units in the field. Items or parts in questionable condition or safety risk are never to be used.SERVICES PROVIDED BY SUBCONTRACTOR(S): The contractor shall provide the name and location of ALL subcontractors that may be used under the contract, and indicate the extent they may be used. The contractor shall provide detailed information on subcontractors (i.e., both contractor information and information on its employees, facilities and vehicles, etc.) The contractor shall provide proof of subcontractor’s current Joint Commission standards compliance if this information was not submitted with the contractor’s technical proposal. When the contractor confirms receipt of a request the contractor shall tell the PSAS Representative if the DME services will be provided by a subcontractor. The contractor shall maintain a log of all DME services handled by subcontractors, which shall include pertinent information such as date that VA requested DME services, Veteran’s name, location of Veteran’s place of residence, and name of subcontractor that provided the DME services. The contractor shall make this log available upon request to the VA by fax or e-mail and review during any visit performed at the contractor’s facility. Subcontractors are required to adhere to all requirements of this contract. The Contractor will have a plan to monitor the subcontractors’ compliance with the requirements of this contract.RECALLSThe Department of Veterans Affairs, upon notification of equipment recalls, will inform contractor by written notice. The contractor shall take the necessary corrective actions and inform each VA facility in writing of actions taken to address recall. The contractor shall notify the Department of Veteran Affairs of all equipment recall notices received by them.VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE GENERALContractors, 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.ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMSA 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.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.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.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. 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.VA INFORMATION CUSTODIAL LANGUAGEInformation 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).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 onsite 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.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.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.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.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.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.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.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.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.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.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 RMATION SYSTEM DESIGN AND DEVELOPMENTInformation systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.The contractor/subcontractor agrees to:Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:The Systems of Records (SOR); andThe design, development, or operation work that the contractor/subcontractor is to perform;Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; andInclude this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.“Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.“Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.“System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than2 days.When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within3 days.All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and RMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USEFor information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.VA prohibits the installation and use of personally-owned or contractor/subcontractor-owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:Vendor must accept the system without the drive;VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; orVA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.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; andAny 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.SECURITY INCIDENT INVESTIGATIONThe term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.LIQUIDATED DAMAGES FOR DATA BREACHConsistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data.Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.Each risk analysis shall address all relevant information concerning the data breach, including the following:Nature of the event (loss, theft, unauthorized access);Description of the event, including:date of occurrence;data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;Number of individuals affected or potentially affected;Names of individuals or groups affected or potentially affected;Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;Amount of time the data has been out of VA control;The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);Known misuses of data containing sensitive personal information, if any;Assessment of the potential harm to the affected individuals;Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; andWhether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $_37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:Notification;One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;Data breach analysis;Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;One year of identity theft insurance with $20,000.00 coverage at $0 deductible; andNecessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.SECURITY CONTROLS COMPLIANCE TESTINGOn a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.TRAININGAll contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;Successfully complete the appropriate VA privacy training and annually complete required privacy training; andSuccessfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.NACI All contractor employees who require access to the Department of Veterans Affairs' Contractors computer systems or have access to sensitive information shall be the subject of a background investigation. The contractor is encouraged to have its employee immediately download the background investigation packet from upon notification of contract award. A contractor’s employee shall not commence working at VA under contract until the contractor and the contracting officer receive notification from the VA Office of Security and Law Enforcement (OSLE) that the contract employee’s application was received complete. A favorable adjudication from the VA Office of Security and Law Enforcement must be received in order for a contractor employee to continue contract performance. This requirement is applicable to all subcontractor personnel.The contractor shall provide complete Background Investigation applications, for all contract employees, to OSLE, promptly and in sufficient time to meet the contract performance or delivery schedule (or: within 15 calendar days after contract award). If a delay in the notification from OSLE to the contractor that a complete application has been received is due to the failure of the contractor to provide a complete application as soon as practicable (or: within 15 calendar days) after contract award, this delay shall not excuse the contractor from meeting the contract performance or delivery schedule and may result in termination for cause. a. Position Sensitivity - The position sensitivity has been designated as LOW Risk. b. Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries. c. Contractor Responsibilities (1) The contractor shall bear the expense of obtaining background investigations. If the Office of Personnel Management (OPM) conducts the investigation, the contractor shall reimburse VA within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered. (2) It is imperative for the contractor to provide, at the request of VA, a listing of contractor personnel performing services under the contract in order for the background investigation process to commence. This list will include name (first, middle, last) social security number; date of birth; city, state, and country of birth. (3) The contractor or their employees shall submit a complete background investigation packet. Additional guidance and information in completing the required forms, and examples of the forms, can be found at . (4) The following required forms must be submitted to the VA Office of Security and Law Enforcement before contract performance begins: (i)Standard Form 85, Questionnaire for Non-Sensitive Positions (ii)Optional Form 306, Declaration for Federal Employment (iii) Standard Form 86A (EG), Continuation Sheet for Questionnaire (iv) Electronic Fingerprint Form (5) Fingerprinting is required with the background investigation. Fingerprinting can be done at the local VA Facility. The Electronic Fingerprint Verification Form must be submitted with the above required forms. (6) The contractor shall inform the contract employee that when filling out Standard Form 85, that there should be no gaps in employment history. Any gaps in employment history on Standard Form 85 may result in OPM rejecting the documentation for investigation and delay contract performance. (7) The contractor, when notified of an unfavorable determination by the government, shall withdraw the employee from consideration from working under the contract, and at the request of the VA, submit another employee for consideration. (8) The contractor may utilize a private investigating agency if such agency possesses an OPM and Defense Security Service certification. A CAGE code number must be provided to the VA Office of Security and Law Enforcement. VA Office of Security and Law Enforcement will verify the information and advise the contracting officer whether contractor’s access to the computer systems can be authorized. (9) All contractor employees and subcontractors are required to complete VA’s Privacy training annually. All contractor employees and subcontractors requiring access to VA computer network are required to complete Cyber Security training courses annually either on-line or hard copy. Documented proof must be provided to the contracting officer. (10) The contractor will notify the COR immediately when their employee(s) no longer require access to VA computer systems.(11) The contractor will ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and contract terms and conditions.(12) The contractor shall install VA provided firewall and antiviral software on all networks and/or individual computers accessing VA network. The contractor is responsible for the installation and testing of all required patches to ensure the security of the system.(13) Contractor will report any security violations or attempted violations or any unanticipated threats or hazards immediately to the COR.(14) Contractor will house their computers in such a way that reduces the risks from environmental threats and hazards. Contractor will protect their computers from unauthorized access, use or removal. Contractor’s computers will be configured to provide protection from malicious code and unauthorized access.(15) All remote connections to VA network must be through Office of Cyber and Information Security (OCIS) authorized configurations and access points. Contractor’s remote access sessions through the internet or other networks must be conducted using one-VA VPN.(16) Upon termination or expiration of contract, contractor will sanitize all computer equipment used in performance of this contract according to VA standards and guidelines. Contractor equipment will also be sanitized when transferred or disposed of. Sanitization will ensure that all confidential information is rendered totally unrecoverable.(17) Contractor will notify the COR immediately when their employee(s) no longer require access to VA computer systems.(18) Contractor will not publish or disclose in any manner details of any safeguards either designed or developed by the contractor and/or subcontractors under this contract or otherwise provided by the VA without prior written approval by the contracting officer.(19) The contractor will require that employees sign VA Computer Access Agreements, follow VA guidelines to create strong passwords, do not divulge access codes or passwords safeguard all sensitive information, and follow all privacy requirements.(20) The Contractor will notify the contracting officer in writing of any subcontractors performing work under this contract that will require remote access to VA computer systems. Contractors will be held responsible for their subcontractors. All of the security and privacy provisions of this contract will extend to any subcontractors.(21) The contractor will adhere to the remote access requirements, and ensure that systems are properly configured and appropriate security mechanisms and monitoring devices are up to date with best practices and technical standards.(22) VA information including identifiable health information may not reside on contractor’s systems or devices unless specifically designated and approved as appropriate under the terms of the contract. d. Government Responsibilities: (1) The contracting officer will request the contractor employee’s background investigation by the Office of Security and Law Enforcement. (2) The Office of Security and Law Enforcement will notify the contractor with instructions for the contractor's employees, coordinate the background investigations, and notify the contracting officer and contractor of the results of the investigations. (3) The VA facility will pay for requested investigations in advance. A bill for collection will be sent to the contractor to reimburse the VA facility. The contractor will reimburse the VA facility within 30 days. If timely payment is not made within 30 days from date of bill for collection, then VA shall deduct the cost incurred from the contractors 1st month’s invoice(s) for services rendered.(4) After contract award, VA reserves the right to inspect contractor’s facilities, installations, operations, documentation, computers, records and databases.(5) The current fees associated with background investigations are $210.00 each for low level investigation, $850.00 each for medium level investigation, and $2,900.00 each for high level investigation. REQUIREMENTS FOR REMOTE SYSTEM ACCESS a. Any remote access to VA systems that contain sensitive information must be done through the Citrus Access Gateway (CAG). After contract award and prior to VA granting CAG access, the contractor will be required to complete all security requirements. VA routinely reviews and updates policies and procedures regarding remote computer access. Therefore, this contact may be modified to reflect new polices and procedures implemented during the term of this agreement.SECTION C - CONTRACT CLAUSES52.212-4CONTRACT TERMS AND CONDITIONS—COMMERICAL ITEMSJAN 2017ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTSAPR 201452.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-952.224-152.224-252.228-552.232-4052.237-3PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELPRIVACY ACT NOTIFICATIONPRIVACY ACTINSURANCE—WORK ON A GOVERNMENT INSTALLATIONPROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORSCONTINUITY OF SERVICESJAN 2011APR 1984APR 1984JAN 1997DEC 2013JAN 1991C.2 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12/31/2019.(End of Clause)C.3 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01/01/2019 through 12/31/2019. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $10,000; (2) Any order for a combination of items in excess of $10,000 per day; (3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two hours after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 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 5 days of the end of the period of performance.(End of Clause)C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 10 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)C.7 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)(a) Definitions. As used in this contract— HUBZone small business concern means a small business concern, certified by the Small Business Administration that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. Service-disabled veteran-owned small business concern— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Veteran-owned small business concern means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned small business concern means a small business concern— (1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns. (c) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (d)(1) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract. (2) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if— (i) The subcontractor is registered in SAM; and (ii) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract. (3) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract. (4) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status. (5) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the System for Award Management database or by contacting the SBA. Options for contacting the SBA include— (i) HUBZone small business database search application Web page at ; or ; (ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington DC 20416; or (iii) The SBA HUBZone Help Desk at hubzone@.(End of Clause)C.8 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017) (a) This clause does not apply to small business concerns. (b) Definitions. As used in this clause— Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2). Commercial item means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. Commercial plan means a subcontracting plan (including goals) that covers the offeror's fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line). Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at . Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e). Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved. Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor. Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. Total contract dollars means the final anticipated dollar value, including the dollar value of all options. Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor. (c)(1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. (2)(i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract. (ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if— (A) The subcontractor is registered in SAM; and (B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract. (iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract. (iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status. (d) The Offeror's subcontracting plan shall include the following: (1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626— (i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and (ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals. (2) A statement of— (i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan; (ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes); (iii) Total dollars planned to be subcontracted to veteran-owned small business concerns; (iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business; (v) Total dollars planned to be subcontracted to HUBZone small business concerns; (vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and (vii) Total dollars planned to be subcontracted to women-owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to— (i) Small business concerns; (ii) Veteran-owned small business concerns; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns; and (vi) Women-owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with— (i) Small business concerns (including ANC and Indian tribes); (ii) Veteran-owned small business concerns; (iii) Service-disabled veteran-owned small business concerns; (iv) HUBZone small business concerns; (v) Small disadvantaged business concerns (including ANC and Indian tribes); and (vi) Women-owned small business concerns. (7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause. (10) Assurances that the Offeror will— (i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan; (iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts intended for use by multiple agencies; (iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at . The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations; (v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS; (vi) Provide its prime contract number, its unique entity identifier, and the email address of the Offeror's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and (vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the email address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans. (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror's efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $250,000, indicating— (A) Whether small business concerns were solicited and, if not, why not; (B) Whether veteran-owned small business concerns were solicited and, if not, why not; (C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not; (D) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business concerns were solicited and, if not, why not; (F) Whether women-owned small business concerns were solicited and, if not, why not; and (G) If applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact— (A) Trade associations; (B) Business development organizations; (C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and (D) Veterans service organizations. (v) Records of internal guidance and encouragement provided to buyers through— (A) Workshops, seminars, training, etc.; and (B) Monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement. (12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if— (i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or (ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract. (13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion. (14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor. (15) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5). (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all "make-or-buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms. (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern in accordance with 52.219-8(d)(2). (5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. (6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concern. (7) Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract. (f) A master subcontracting plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the Offeror by this clause; provided— (1) The master subcontracting plan has been approved; (2) The Offeror ensures that the master subcontracting plan is updated as necessary and provides copies of the approved master subcontracting plan, including evidence of its approval, to the Contracting Officer; and (3) Goals and any deviations from the master subcontracting plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror's planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor's commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government's fiscal year. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) A contract may have no more than one subcontracting plan. When a contract modification exceeds the subcontracting plan threshold in 19.702(a), or an option is exercised, the goals of the existing subcontracting plan shall be amended to reflect any new subcontracting opportunities. When the goals in a subcontracting plan are amended, these goal changes do not apply retroactively. (j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract. (k) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled “Utilization Of Small Business Concerns,” or (2) an approved plan required by this clause, shall be a material breach of the contract and may be considered in any past performance evaluation of the Contractor. (l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at . Purchases from a corporation, company, or subdivision that is an affiliate of the Contractor or subcontractor are not included in these reports. Subcontract awards by affiliates shall be treated as subcontract awards by the Contractor. Subcontract award data reported by the Contractor and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. Only subcontracts involving performance in the United States or its outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the State Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United States and its outlying areas. (1) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontracting plan. (i) The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer. Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. When the Contracting Officer rejects an ISR, the Contractor shall submit a corrected report within 30 days of receiving the notice of ISR rejection. (ii)(A) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (B) If a subcontracting plan has been added to the contract pursuant to 19.702(a)(3) or 19.301-2(e), the Contractor's achievements must be reported in the ISR on a cumulative basis from the date of incorporation of the subcontracting plan into the contract. (iii) When a subcontracting plan includes indirect costs in the goals, these costs must be included in this report. (iv) The authority to acknowledge receipt or reject the ISR resides— (A) In the case of the prime Contractor, with the Contracting Officer; and (B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract. (2) SSR. (i) Reports submitted under individual subcontracting plans. (A) This report encompasses all subcontracting under prime contracts and subcontracts with an executive agency, regardless of the dollar value of the subcontracts. This report also includes indirect costs on a prorated basis when the indirect costs are excluded from the subcontracting goals. (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If the Contractor or a subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over $700,000 (over $1.5 million for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime contractors. (D) The report shall be submitted annually by October 30 for the twelve month period ending September 30. When a Contracting Officer rejects an SSR, the Contractor shall submit a revised report within 30 days of receiving the notice of SSR rejection. (E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. (F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts unless stated otherwise in the contract. (ii) Reports submitted under a commercial plan. (A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year and all indirect costs. (B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year. (C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency. (D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan.(End of Clause)C.9 52.245-1 GOVERNMENT PROPERTY(a) Definitions. As used in this clause— “Cannibalize” means to remove parts from Government property for use or for installation on other Government property. “Contractor-acquired property” means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title. “Contractor inventory” means— (1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and (3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.“Contractor’s managerial personnel” means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of— (1) All or substantially all of the Contractor’s business;(2) All or substantially all of the Contractor’s operation at any one plant or separate location; or(3) A separate and complete major industrial operation.“Demilitarization” means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used. “Discrepancies incident to shipment” means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received. “Equipment” means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling. “Government-furnished property” means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract. “Government property” means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software. “Loss of Government property” means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to—(1) Items that cannot be found after a reasonable search;(2) Theft;(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.“Material” means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, special test equipment or real property. “Nonseverable” means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed. “Precious metals” means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium. “Production scrap” means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings. “Property” means all tangible property, both real and personal. “Property Administrator” means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor. “Property records” means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.“Provide” means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property. “Real property” See Federal Management Regulation 102-71.20 (41 CFR 102-71.20). “Sensitive property” means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals. “Unit acquisition cost” means—(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and(2) For contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.(b) Property management.(1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).(2) The Contractor’s responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause).(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.(4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.(c) Use of Government property.(1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.(2) Modifications or alterations of Government property are prohibited, unless they are—(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions; (ii) Required for normal maintenance; or (iii) Otherwise authorized by the Contracting Officer.(3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the Contracting Officer.(d) Government-furnished property.(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor.(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor’s timely written request, consider an equitable adjustment to the contract.(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor’s timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government’s expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause).(iii) The Government may, at its option, furnish property in an “as-is” condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor’s expense.(3) (i) The Contracting Officer may by written notice, at any time—(A) Increase or decrease the amount of Government-furnished property under this contract;(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or(C) Withdraw authority to use property.(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor’s timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.(e) Title to Government property.(1) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as “Government property”), is subject to the provisions of this clause. The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.(2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the Contractor retains title to all property acquired by the Contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property.(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable line items under Fixed-Price contracts. (i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor’s delivery of such property.(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon—(A) Issuance of the property for use in contract performance;(B) Commencement of processing of the property for use in contract performance; or(C) Reimbursement of the cost of the property by the Government, whichever occurs first.(f) Contractor plans and systems. (1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations. (ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment. (A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property. (B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs. (iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property. (A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following:(1) The name, part number and description, National Stock Number (if needed for additional item identification tracking and/or disposition), and other data elements as necessary and required in accordance with the terms and conditions of the contract.(2) Quantity received (or fabricated), issued, and balance-on-hand.(3) Unit acquisition cost.(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).(5) Unit of measure.(6) Accountable contract number or equivalent code designation.(7) Location.(8) Disposition.(9) Posting reference and date of transaction.(10) Date placed in service (if required in accordance with the terms and conditions of the contract).(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption. (iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor’s system or the property is to be transferred to a follow-on contract). (v) Subcontractor control. (A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss of Government property. (B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor’s property management system.(vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government property, physical inventory results, audits and self-assessments, corrective actions, and other property-related reports as directed by the Contracting Officer. (vii) Relief of stewardship responsibility and liability. The Contractor shall have a process to enable the prompt recognition, investigation, disclosure and reporting of loss of Government property, including losses that occur at subcontractor or alternate site locations. (A) This process shall include the corrective actions necessary to prevent recurrence.(B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the Government all incidents of property loss as soon as the facts become known. Such reports shall, at a minimum, contain the following information:(1) Date of incident (if known).(2) The data elements required under (f)(1)(iii)(A). (3) Quantity.(4) Accountable contract number.(5) A statement indicating current or future need.(6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs.(7) All known interests in commingled material of which includes Government material.(8) Cause and corrective action taken or to be taken to prevent recurrence.(9) A statement that the Government will receive compensation covering the loss of Government property, in the event the Contractor was or will be reimbursed or compensated.(10) Copies of all supporting documentation.(11) Last known location.(12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appropriate agencies and authorities were notified.(C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for property when—(1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator;(2) Property Administrator grants relief of responsibility and liability for loss of Government property;(3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or(4) Property is disposed of in accordance with paragraphs (j) and (k) of this clause.(viii) Utilizing Government property. (A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance.(B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government material with material not owned by the Government.(ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation. (x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss of Government property cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs. (2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of material and equipment.(g) Systems analysis.(1) The Government shall have access to the Contractor’s premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor’s property management plan(s), systems, procedures, records, and supporting documentation that pertains to Government property. This access includes all site locations and, with the Contractor’s consent, all subcontractor premises.(2) Records of Government property shall be readily available to authorized Government personnel and shall be appropriately safeguarded.(3) Should it be determined by the Government that the Contractor’s (or subcontractor’s) property management practices are inadequate or not acceptable for the effective management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administer and take all necessary corrective actions as specified by the schedule within the corrective action plan.(4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor’s property management plan, systems, procedures, records, and supporting documentation that pertains to Government property.(h)(1) The Contractor assumes the risk of, and shall be responsible for, any loss of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract. (i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19. (ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the Contractor’s managerial personnel.(iii) The Contracting Officer has, in writing, revoked the Government’s assumption of risk for loss of Government property due to a determination under paragraph (g) of this clause that the Contractor’s property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss of Government property occurred while the Contractor had adequate property management practices or the loss did not result from the Contractor’s failure to maintain adequate property management practices, the Contractor shall not be held liable.(2) The Contractor shall take all reasonable actions necessary to protect the property from further loss. The Contractor shall separate the damaged and undamaged property, place all the affected property in the best possible order, and take such other action as the Property Administrator directs.(3) The Contractor shall do nothing to prejudice the Government’s rights to recover against third parties for any loss of Government property.(4) The Contractor shall reimburse the Government for loss of Government property, to the extent that the Contractor is financially liable for such loss, as directed by the Contracting Officer.(5) Upon the request of the Contracting Officer, the Contractor shall, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery.(i) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. However, the Government shall not be liable for breach of contract for the following: (1) Any delay in delivery of Government-furnished property.(2) Delivery of Government-furnished property in a condition not suitable for its intended use.(3) An increase, decrease, or substitution of Government-furnished property.(4) Failure to repair or replace Government property for which the Government is responsible. Standard Form 1428 (j) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose of Contractor inventory until authorized to do so by the Plant Clearance Officer or authorizing official. (1) Predisposal requirements.(i) If the Contractor determines that the property has the potential to fulfill requirements under other contracts, the Contractor, in consultation with the Property Administrator, shall request that the Contracting Officer transfer the property to the contract in question, or provide authorization for use, as appropriate. In lieu of transferring the property, the Contracting Officer may authorize the Contractor to credit the costs of Contractor-acquired property (material only) to the losing contract, and debit the gaining contract with the corresponding cost, when such material is needed for use on another contract. Property no longer needed shall be considered contractor inventory.(ii) For any remaining Contractor-acquired property, the Contractor may purchase the property at the unit acquisition cost if desired or make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier’s customary practices.)(2) Inventory disposal schedules. (i) Absent separate contract terms and conditions for property disposition, and provided the property was not reutilized, transferred, or otherwise disposed of, the Contractor, as directed by the Plant Clearance Officer or authorizing official, shall use Standard Form 1428, Inventory Disposal Schedule or electronic equivalent, to identify and report—(A) Government-furnished property that is no longer required for performance of this contract;(B) Contractor-acquired property, to which the Government has obtained title under paragraph (e) of this clause, which is no longer required for performance of that contract; and(C) Termination inventory.(ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the Government, in the event that the property is offered for sale.(iii) Separate inventory disposal schedules are required for aircraft in any condition, flight safety critical aircraft parts, and other items as directed by the Plant Clearance Officer.(iv) The Contractor shall provide the information required by FAR 52.245-1(f)(1)(iii) along with the following: (A) Any additional information that may facilitate understanding of the property’s intended use.(B) For work-in-progress, the estimated percentage of completion.(C) For precious metals in raw or bulk form, the type of metal and estimated weight.(D) For hazardous material or property contaminated with hazardous material, the type of hazardous material.(E) For metals in mill product form, the form, shape, treatment, hardness, temper, specification (commercial or Government) and dimensions (thickness, width and length).(v) Property with the same description, condition code, and reporting location may be grouped in a single line item.(vi) Scrap should be reported by “lot” along with metal content, estimated weight and estimated value.(3) Submission requirements. (i) The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than—(A) 30 days following the Contractor’s determination that a property item is no longer required for performance of this contract;(B) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract deliveries or performance; or(C) 120 days, or such longer period as may be approved by the Termination Contracting Officer, following contract termination in whole or in part.(ii) Unless the Plant Clearance Officer determines otherwise, the Contractor need not identify or report production scrap on inventory disposal schedules, and may process and dispose of production scrap in accordance with its own internal scrap procedures. The processing and disposal of other types of Government-owned scrap will be conducted in accordance with the terms and conditions of the contract or Plant Clearance Officer direction, as appropriate.(4) Corrections. The Plant Clearance Officer may— (i) Reject a schedule for cause (e.g., contains errors, determined to be inaccurate); and (ii) Require the Contractor to correct an inventory disposal schedule.(5) Postsubmission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to the inventory schedule. (6) Storage. (i) The Contractor shall store the property identified on an inventory disposal schedule pending receipt of disposal instructions. The Government’s failure to furnish disposal instructions within 120 days following acceptance of an inventory disposal schedule may entitle the Contractor to an equitable adjustment for costs incurred to store such property on or after the 121st day.(ii) The Contractor shall obtain the Plant Clearance Officer’s approval to remove property from the premises where the property is currently located prior to receipt of final disposition instructions. If approval is granted, any costs incurred by the Contractor to transport or store the property shall not increase the price or fee of any Government contract. The storage area shall be appropriate for assuring the property’s physical safety and suitability for use. Approval does not relieve the Contractor of any liability for such property under this contract.(7) Disposition instructions.(i) The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of Contractor inventory as directed by the Plant Clearance Officer. Unless otherwise directed by the Contracting Officer or by the Plant Clearance Officer, the Contractor shall remove and destroy any markings identifying the property as U.S. Government-owned property prior to its disposal.(ii) The Contracting Officer may require the Contractor to demilitarize the property prior to shipment or disposal. In such cases, the Contractor may be entitled to an equitable adjustment under paragraph (i) of this clause.(8) Disposal proceeds. As directed by the Contracting Officer, the Contractor shall credit the net proceeds from the disposal of Contractor inventory to the contract, or to the Treasury of the United States as miscellaneous receipts. (9) Subcontractor inventory disposal schedules. The Contractor shall require its Subcontractors to submit inventory disposal schedules to the Contractor in accordance with the requirements of paragraph (j)(3) of this clause. (k) Abandonment of Government property. (1) The Government shall not abandon sensitive property or termination inventory without the Contractor’s written consent.(2) The Government, upon notice to the Contractor, may abandon any nonsensitive property in place, at which time all obligations of the Government regarding such property shall cease.(3) Absent contract terms and conditions to the contrary, the Government may abandon parts removed and replaced from property as a result of normal maintenance actions, or removed from property as a result of the repair, maintenance, overhaul, or modification process.(4) The Government has no obligation to restore or rehabilitate the Contractor’s premises under any circumstances; however, if Government-furnished property is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (i) of this clause may properly include restoration or rehabilitation costs.(l) Communication. All communications under this clause shall be in writing. (m) Contracts outside the United States. If this contract is to be performed outside of the United States and its outlying areas, the words “Government” and “Government-furnished” (wherever they appear in this clause) shall be construed as “United States Government” and “United States Government-furnished,” respectively. (End of clause)C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.(End of Clause)C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.(End of Clause)C.12 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.13 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUL 2018)(a) This solicitation includes the clause 852.215-71 Evaluation factor commitments.(b) The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) to assist in assessing Contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the Contractor's business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments.(End of clause)C.14 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018) (a) Indemnification. The contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this agreement. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the contractor, and subject to the approval by the contracting officer of the sources, insurance coverage may be employed as guaranty of indemnification. (b) Insurance. Satisfactory insurance coverage is a condition precedent to award of a contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers' compensation and employer's liability coverage will conform to applicable State law requirements for the service contemplated, whereas general liability and aircraft liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per aircraft used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs installation, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder.(End of Clause)C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Iowa, Minnesota, Indiana, Illinois, Michigan, and Wisconsin. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)(End of Addendum to 52.212-4)C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note). [] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C). [X] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C). [X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [] (ii) Alternate I (NOV 2011) of 52.219-3. [X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (ii) Alternate I (JAN 2011) of 52.219-4. [] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)). [X] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9. [] (iii) Alternate II (NOV 2016) of 52.219-9. [] (iv) Alternate III (NOV 2016) of 52.219-9. [] (v) Alternate IV (NOV 2016) of 52.219-9. [] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). [] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). [] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). [X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126). [X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). [X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). [X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). [] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). [] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). [] (38)(i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (OCT 2015) of 52.223-13. [] (39)(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-14. [] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (41)(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). [] (ii) Alternate I (JUN 2014) of 52.223-16. [X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). [] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). [X] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3. [] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83). [] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I (MAY 2014) of 52.225-3. [] (iii) Alternate II (MAY 2014) of 52.225-3. [] (iv) Alternate III (MAY 2014) of 52.225-3. [] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). [X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [X] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). [] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). [X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). [X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).This is not a wage determination and is for informational purposes only.Respiratory Therapist, GS-0651-07Medical Technician, GS-0645-07 [X] (4) 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). [] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). [] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). [] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). (xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xix) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSVISN 12 Catchment Area: Attachment AAttachment B: Thermal FusesMandatory requirements for use of thermal fuses are as follows: a. Thermal fuses must be provided for all patients on home oxygen therapy unless there is a documented clinical contraindication (e.g., patients using heated humidity, patients with flow rates in excess of 25 Liters in accordance with minute, patients with behavioral conditions that make use of thermal fuses impractical). If thermal fuses are not provided due to clinical contraindication, this must be documented in the patient’s medical record. b. Two thermal fuses must be provided and installed in each home oxygen delivery system (one at the patient end and one at the oxygen source). This must be done for the patient’s primary oxygen therapy equipment as well as any portable oxygen therapy equipment. c. Thermal fuses are not required for portable pulse dose/intermittent oxygen therapy equipment when the equipment does not have a continuous flow setting. d. Thermal fuses provided must work regardless of their orientation in the oxygen tubing (bidirectional) or have a design that prevents them from being installed in the wrong orientation (e.g., source end of thermal fuse has threads or bayonets that make backwards installation impossible). e. Existing unidirectional thermal fuses that are capable of being installed in the wrong orientation must be replaced at the next scheduled home oxygen visit or sooner if possible. f. At the time of installation, education must be provided to the patient describing the proper use and placement of thermal fuses, including that a thermal fuse does not make it safe to smoke, be near people who are smoking, or be near any source of sparks or flame while using oxygen. g. Thermal fuses must be replaced at the end of their expected life in accordance with manufacturer’s guidelines. h. Thermal fuses must be replaced if actuated or involved in a fire. Attachment C: Patient Decision Against Medical Advice (AMA) FormAttachment D: Home Safety and Equipment Check FormAttachment E: MagnetsAttachment F: Priority Patient Concern FormPriority Patient Concern Form (PPC)Date: __________Time: __________VA Site: (circle one) Hines Jesse Brown N. Chicago Milwaukee Tomah Madison Iron Mountain DanvillePatient Name:____________________________________________ Last Four SSN:______Patient Address, City, State:___________________________________________________Phone:________________________________________Check all that apply:Environment Problems- Significant and/or hazardous condition within the dwelling which poses a safety or health risk to the patient or others- Fire evacuation routes not accessible Fire Safety- Non-adherence to oxygen safety instructions- Observed smoking while on oxygen or indications of smoking while on oxygen- Indication of oxygen use within 8’ of ignition source- Burns to nares/face or noticeable indication of fire or fire damage in the home/residence?????? Patient Health Concern- Emergent health condition/issue observed or relayed by patient/caregiver – Call 911 if necessary- Physical impairment preventing the patient from utilizing equipment as prescribed- Patient appears to have difficulty comprehending/retaining equipment or safety instructionsDetailed description of adverse event/concern and action taken (Mandatory): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________NOTE: All PPC issues will be addressed with the patient by the contracted contractor and the description of the event and subsequent education/action will be documented.All PPC notifications from contractor are relayed to the corresponding Prosthetics coordinator/Prosthetics section at the servicing VA via phone immediately and fax sent no later than the next business day. Print name of reporting individual _______________________ Contractor Site_____________Attachment G: VISN 12 Acknowledgement FormVISN 12 GREAT LAKES HEALTH CARE SYSTEM Veteran’s Name: _______________________________ Last Four SSN____________Acknowledgement of Extreme Safety Risk Associated with Smoking Near Oxygen TherapyMy doctor has prescribed home oxygen therapy for treatment of my medical condition. I have been told by my physician that if I smoke, the benefits of oxygen therapy are reduced and in most cases, will not prolong my life. If I need help to quit smoking, I will call my Provider or call the Smoking Cessation Coordinator directly at my local VA medical center phone number listed below and request an appointment. Milwaukee (888) 469-6614 Ext. 41150 Hines (708) 202-8387 Ext 27875 Madison (608) 256-1901 Ext. 12246 Jesse Brown .(312) 569-8387 Ext. 56056 Iron Mountain...(906) 774-3300 Ext. 3254 Lovell FHCC (847) 688-1900 Ext. 85531Danville……… (217) 554-5200 Tomah (800) 872-8662 Ext. 61141 I have been instructed that smoking while using oxygen, or even being near an open flame with my oxygen on, creates an extreme fire hazard. Oxygen patients who smoked while connected to oxygen have died or experienced serious life-threatening burns as a result of their smoking. There have also been home fires related to smoking while on oxygen. The following high-risk factors could increase your risk of having a fire related incident:Living alone 5. Excessive facial hairLack of/no functional smoke detectors in the home 6. Substance abuseTrouble remembering 7. Flammable clothingSmoking while oxygen is running It is my responsibility to make sure that my home is free of fire and safety hazards. I agree to have functioning smoke detectors in my residence and will ensure the batteries are tested and/or replaced on a regular basis. _________Yes ________NoMy signature at the bottom of this page shows that I fully understand the extreme danger to me and others if I smoke or am around open flames while connected to an oxygen source.Veteran’s Signature: _________________________________Date:________________Vendor :____________________________________________ Date: ______________Attachment H: Patient Rights and ResponsibilitiesAs a patient of the Veterans Affairs Medical Center, you have the RIGHT to:Be treated with appropriate, considerate, respectful and courteous care.Discuss with our staff your concerns or issues pertaining to the quality of services and/or devices furnished to you.To express your concerns regarding the timeliness of services and devices provided.To discuss your eligibility and entitlement to Prosthetic Services with staff personnel.To have privacy; to refuse to take part in any research plete and have placed on file a copy of your Patient Satisfaction Form clearly stating your questions and concerns.To receive a response to a written complaint in a timely manner.To refuse treatment/equipment and knowingly refuse to be provided care and equipment to treat your condition.To appeal any decision made by the Prosthetic & Sensory Aids Service concerning your eligibility and entitlement to receive such services or equipment.As a patient of the Veterans Affairs Medical Center, you have the RESPONSIBILITY to:To treat VA and Vendor staff with respect and courtesy.Take reasonable care when using devices and/or appliances issued to you.Exercise reasonable care and maintenance of devices and appliances issued to you.Immediately advise the Prosthetic & Sensory Aids Service of defective equipment.Advise your Clinician at the VA Medical Center when equipment is no longer required for your use.Not to sell or give away any equipment provided to you by the Department of Veterans Affairs.To comply with the prescribed plan of treatment and to communicate any concerns and health care needs with health care providers. As a Respiratory Patient of the VA Medical Center, you have the RESPONSIBILITY to:Allow the vendor staff to make home visits on a regular basis.Immediately advise the vendor that supplies your oxygen, of any problems with your oxygen equipment or if you have any health concerns. If urgent assistance is needed related to your condition, please go to nearest urgent care or dial 911.I understand that my signature on this agreement authorizes any entity with medical information regarding me to release to Company any information regarding my medical history, treatments or other relevant medical information. I understand that my signature on this agreement authorizes Company to release my Company medical records to:any authorized representative of certain local, state, or national licensing, credentialing or accrediting boards or bodies, suchas the Joint Commission on the Accreditation of Health Care Organizations (JCAHO).certain local, state, and national entities, as well as certain public utilities, for Emergency Preparedness planning purposes.This release specifically includes the release of my clinical records. I understand that I have the right to refuse to release my medical records, and that by signing this agreement, I waive that right. This consent is valid for whatever time-period is reasonably necessary for these authorized representatives to complete these tasks and shall remain in effect until such time as I revoke it in writing. The revocation will have a prospective application only.PROVISION OF PRODUCTSI understand that my signature on this agreement authorizes Company to provide the products and/or services to me. I also understand that the products and/or services provided to me by Company or its agents are provided under the direction of my physician and that Company is not liable for any act or omission when following the instructions of my physician. I will grant visits to my residence for vendor to perform tasks directed by the VA for oversight of my equipment, supplies and service.NOTE!! OXYGEN CLIENTS: I have received written and verbal instruction on the safe use, storage, and handling related to oxygen therapy. I understand that smoking or open flames are not allowed within 8 feet of the oxygen equipment or my person while oxygen therapy is used as Oxygen Supports Combustion. Any use of either is at my own risk and considered a safety hazard which may cause injury and even death.ELECTRICAL SAFETY: (Applies only if indicated on front of form). I have been instructed that my electrical outlets are not grounded. I have the option of having this condition corrected by a certified electrician, or using the equipment "as is". If I choose to use the equipment with a non-grounded outlet, the Company is not responsible for any problems associated with such use.By signing on the reverse side, the signor certifies that he/she has read the foregoing, received a copy thereof, and is the patient, or is duly authorized by the patient as the patient's general agent to execute the above and accept its terms on behalf of the patient.Service Contract Labor StandardsWAGE DETERMINATIONS INCORPORATED BY REFERENCE:This solicitation incorporates the U.S. Department of Labor (USDOL) wage determinations identified in the below by reference, with the same force and effect as if they were incorporated into the solicitation in full text. LocationWage Determination RevisionMilwaukee VAMC - Wisconsin: Milwaukee County15-48996Tomah VAMC – Wisconsin: Monroe County15-49297Madison VA Hospital – Wisconsin: Dane County15-48977Iron Mountain VAMC – Michigan: Dickinson County15-48718Hines VA Hospital – Illinois: Cook County15-501710FHCC -- Illinois: Lake County15-49358Jesse Brown VAMC – Illinois: Cook County15-501710Danville VAMC -- Illinois: Vermilion County15-50216ESTIMATED QUANTITIES: VISN 12 estimates the following quantities per CLIN, per year. These are the estimates the Government will use to calculate the offerors’ total five-year cost. The estimates below are monthly amounts.CLIN 1 “Concentrator Management/Services/Supplies” Per Month/Patient (Pages 21-27. 44)BaseOY1OY2OY3OY4Total3,800 4,1204,2444,3714,50221,037CLIN 2 “DME Delivery/Pick-Up/Service/Repair” – Each (Pages 21,23-25, 44)BaseOY1OY2OY3OY4Total174 2202272332401,094CLIN 3 “Respiratory Therapist Visits” - Each (Pages 30-32)BaseOY1OY2OY3OY4Total265 2943023113211,493CLIN 4 “Monthly Concentrator Rental” (Pages 26-27, 36-37)BaseOY1OY2OY3OY4Total7082858790414CLIN 5 “Monthly Liquid Oxygen System Rental” (26-27, 37-38)BaseOY1OY2OY3OY4Total2627282829138CLIN 6 “Monthly Portable Oxygen Tank System Rental” (Pages 25-28, 37, 39 See 8.1, 19.2 19.7)BaseOY1OY2OY3OY4Total7007737968208443,933CLIN 7 “Liquid Oxygen Portable Device Rental” (pages 25-28 See 8.2, 38 See 19.4)BaseOY1OY2OY3OY4Total2627282829138CLIN 8 “Monthly Portable Oxygen Concentrator Rental (small <6lbs, pulse dose only) (Pages 25-28 See 8.3, 38-39)BaseOY1OY2OY3OY4Total6006706907107323,402CLIN 9 Monthly Portable Oxygen Concentrator Rental (Large <19lbs, Continuous and Pulse dose)” (Pages 25-27, 29 See 8.4, 38)BaseOY1OY2OY3OY4Total4952535556265CLIN 10 “Portable Gaseous System Rental - Home Compressor (self-fill)” (25-27 29 See 8.5)BaseOY1OY2OY3OY4Total703613713823941,578CLIN 11 “Monthly Air Compressor Rental” (Pages 29-30 See 9, 39 See 19.8)BaseOY1OY2OY3OY4Total5661636466310CLIN 12 “Monthly Ventilator Rental” (Page 30-31, 42, 53 See 10.)BaseOY1OY2OY3OY4Total7778837CLIN 13 “H/M Tank Rental” (Page 27 See 7.3)BaseOY1OY2OY3OY4Total5658596163297SECTION E - SOLICITATION PROVISIONS52.212-1INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMSJAN 2017ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMSSubmittal of Quote: The submittal package must be emailed to Ryan.McMillin@. The VA’s limit to receive email attachment(s) per email is 30mb. Therefore, it is possible an offeror may need to “break-up” their offeror into several emails. It is the responsibility of the offeror to ensure their submission is received by Ryan.McMillin@ IAW 52.212-1. Omission of any one item MAY result in an offeror’s package being deemed not technically acceptable.PACKAGE NO. 1 – PRICING INFORMATION – Shall contain one (1) complete copy of the original signed RFP including pricing. No technical or past performance information should be contained in this package. PACKAGE NO. 2 – ADHERENCE TO SPECIAL STANDARDS OF RESPONSIBILITY AND TECHNICAL SUBMISSION – No pricing information shall be contained in this package.Purpose: Information requested under the special standards of responsibility will be used to determine the offeror responsible. In addition to the general standards of responsibility found at FAR § 9.104-1, in accordance with FAR § 9.104-2, the special standards of responsibility described below apply to this procurement. Offerors who fail to meet the special standards of responsibility will not be eligible to receive contract award. Offerors shall submit information demonstrating they meet the standards below:SP1: The offeror must have 5 years of experience in contracts that have the same or similar requirements, patient volume of 3,800 or more oxygen patients, and service area at least as large as the VISN 12 catchment area.SP2: All of the offeror’s Respiratory Therapists must be licensed and credentialed to provide Home Respiratory services in the states in which they will be providing care, with at least 2 years homecare experience.Offeror must submit documentation demonstrating that it can meet each of these standards. The offeror will submit evidence of their Joint Commission accreditation. If the offeror does not have this accreditation then they must submit evidence of how the offeror meets Joint Commission standards.The offeror must demonstrate adequate resources (personnel, vehicles, warehouses etc.) to perform all of the requirements of the SOW. Including facility locations and delivery vehicles throughout the VISN 12 catchment area to provide equipment or services on an emergent/same day basis or time frames specified in statement of work.The offeror must provide a current Quality Control process that ensures residence and patient specific home/fall/fire safety assessment and patient equipment or service education documentation is complete, accurate and legible.The offeror must demonstrate the capability to perform inventory management, inventory reporting, and maintenance management for government furnished equipment.Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:E.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (a) Definitions. As used in this provision— "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means— (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in— (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via (see 52.204-7).(End of Provision)E.2 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.(End of Provision)E.3 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 Veteran Affairs GLAC (36C252) 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 Mailing Address: Department of Veterans Affairs GLAC (36C252) 115 South 84th Street, Suite 101 Milwaukee WI 53214-1476 (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)E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, 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)E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision)E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)E.7 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) The contractor agrees to provide all services specified in this contract for any person determined eligible by the Department of Veterans Affairs, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.(End of Clause)(End of Addendum to 52.212-1)E.8 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (a) Basis of Award. THIS SOLICITATION IS BEING CONDUCTED AS A FAR 15 LOW-PRICE-WITH-SPECIAL-STANDARDS-OF-RESPONSIBILITY PROCUREMENT. THEREFORE, THE GOVERNMENT WILL AWARD THE CONTRACT TO THE RESPONSIBLE OFFEROR WITH THE LOWEST PRICE, WHOSE PRICE IS FOUND TO BE REASONABLE, AND WHOSE OFFER IS FOUND TO BE ACCEPTABLE WHEN CONSIDERING THE NON-PRICE EVALUATION FACTOR DESCRIBED BELOW. The following criteria shall be used to evaluate offers:EVALUATION FACTOR (NON-PRICE): Compliance with Solicitation Requirements:?To be considered “acceptable” for this factor, the offeror’s proposal must not take exception to any of the requirements of this procurement specified in the solicitation.??SPECIAL STANDARDS OF RESPONSIBILITY SUBMISSION:Purpose: Information requested under the special standards of responsibility will be used to determine the offeror responsible. PRICE SUBMISSION: Price will be evaluated for reasonableness. The contracting officer will take each offeror’s price from the schedule and multiply it by the estimated quantities listed in section D. Those numbers will be multiplied by twelve to arrive at an annual price per line item. All five annual amounts will then be added together. The dollar value obtained by calculating the above represents the amount the Government would expend on this contract if all options years via FAR 52.217-9 were used and the Government ordered the exact quantities that are estimated. That dollar value will be how the contracting officer determines the lowest price.(a) Price Evaluation of Base and Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract.?The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised.? The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise.?This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.(b) Evaluation Process. The Government intends to evaluate offers and award a contract without discussions with offerors. To that end, proposals will be evaluated in the following manner: First, the lowest-priced offer will be identified.? The proposal for the lowest-priced offer then will be evaluated to determine if the offered price is reasonable and if the proposal does not take exception to any of the requirements for this procurement.? Finally, if the price is found to be reasonable and the proposal does not take exception to any of the requirements for this procurement, the contracting officer will determine whether the offeror is responsible using the general and special standards of responsibility for this procurement.?If contract award cannot be made to the lowest-priced offer, the contracting officer will evaluate the next lowest-priced offer in the same manner described above.? This process may continue until a contract award can be made, or the contracting officer determines that no contract award can be made.? The Government reserves the right to conduct discussions at any time if the contracting officer determines them to be necessary in order to make an award or to achieve the lowest price possible.? In such an instance, all proposals will be evaluated and a competitive range will be established for purposes of holding those discussions.? The contracting officer may find all offers not acceptable and cancel the procurement if the lowest-priced offer exceeds the amount of funding available for the procurement.(c) Acceptance of Offer. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.(End of Provision)E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. (a) Definitions. As used in this provision— Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Forced or indentured child labor means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except— (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Sensitive technology”— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern 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 criteria in 13 CFR Part 121 and size standards in this solicitation. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that— (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Subsidiary means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. Veteran-owned small business concern means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. Women-owned small business concern means a small business concern— (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website access through . After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs . (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.” (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that— (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation). (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____. Immediate owner legal name: ____. (Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ____. Highest-level owner legal name: ____. (Do not use a “doing business as” name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that— (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that— (i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark “Unknown”). Predecessor legal name: ____. (Do not use a “doing business as” name). (s) [Reserved] (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible Web site includes the Offeror’s own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____. (u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).(End of Provision) ................
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