Veterans Affairs



PAGE 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 ARATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TOCODE16. 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 ANDDATED ________________________________. YOUR OFFER ON SOLICITATIONDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH AREADDITIONAL 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 ITEMS94VA249-13-R-004305-10-2013Angela Bailey615-225-340705-31-20132:00pm CST90CDepartment of Veterans AffairsNetwork Contracting Office 91639 Medical Center ParkwaySuite 400Murfreesboro TN 37129XY621111$10 Million N/AXDepartment of Veterans AffairsMemphis VA Medical Center1030 Jefferson AvenueMemphis TN 3721290CDepartment of Veterans AffairsNetwork Contract Office 91639 Medical Center ParkwaySuite 400Murfreesboro TN 37129Department of Veterans AffairsFSCP O Box 149971Austin TX 78714See CONTINUATION PageThis solicitation is for the provision of Plastic Surgeryservices at The VA Medical Center located in Memphis, TN. in accordance with the Performance of Work herein. Reference Section C.4 52.212-1 Instructions to Offerors and the Addendum for solicitation submittal requirements.$0.00See CONTINUATION PageXXX 1Sherri Clark-HayesContracting OfficerSECTION AA.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSTable of ContentsSECTION A 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS3SECTION B – CONTINUATION OF SF 1449 BLOCKS3B.1 CONTRACT ADMINISTRATION DATA3B.2 SPECIAL CONTRACT REQUIREMENTS6B.3 IT CONTRACT SECURITY15B.4 PRICE SCHEDULE15B.5 PERFORMANCE WORK STATEMENT16SECTION C - CONTRACT CLAUSES56C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE56C.2 FAR 52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION 57C.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS60C.4 FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS61C.5 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS66C.6 FAR 52.216-18 ORDERING71C.7 FAR 52.216-21 REQUIREMENTS72C.8 FAR 52.217-8 OPTION TO EXTEND SERVICES72C.9 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT72C.10 FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR73C.11 VAAR 852.216-70 ESTIMATED QUANTITIES73C.12 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES73SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS74PAST PERFORMANCE REFERENCE FORMS 75SECTION E - SOLICITATION PROVISIONS77E.1 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS77E.2 FAR 52.216-1 TYPE OF CONTRACT90E.3 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS90E.4 FAR 52.233-2 SERVICE OF PROTEST90E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION91E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS92E.7 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES92E.8 VAAR 852.273-70 LATE OFFERS92E.9 VAAR 852.273-73 EVALUATION-HEALTHCARE RESOURCES92E.10 VAAR 852.273-74- AWARD WITHOUT EXCHANGES94SECTION B - CONTINUATION OF SF 1449 BLOCKS B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449, block 18A.)CONTRACTOR (Offerors are required to designate a person for prompt contract administration):Name of Company: Name:Title: Address: Federal Express address if different from above: ZIP E-Mail Address: Phone No.: Toll Free No.: Fax No.: ________ TAX ID Number: _________________________________________ DUNS Number: __________________________________________[See FAR 52.212-1 Instructions… (j) Data Universal Numbering System (DUNS) Number]GOVERNMENT: The Contracting Officer (CO) named below is responsible for the overall administration of the contract.Agency: Network Contracting Office 9 (90C)NameAngela BaileyTitle: Contract SpecialistAddress: 1639 Medical Center Parkway, Suite 400Murfreesboro, TN ZIP: 37129Email:Angela.Bailey5@The contractor shall communicate with the Contracting Officer and the Contracting Officer’s Representative (COR) on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which 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 contract price to cover any increase in costs incurred as a result thereof. 2. CONTRACTOR REMITTANCE ADDRESS: Effective January 1, 1999 all payments by the Government to the contractor will be made in accordance with VA Acquisition Regulation (VAAR) 852.232-72, Payment by Electronic Funds Transfer. 3. INVOICES: The VA will pay for services at the rates established in the Schedule of Costs. Before payment will be made, the contractor will provide the VA with an invoice of services performed. Invoices shall be submitted monthly, in arrears, upon receipt of a properly prepared invoice. Invoices shall contain the following information: invoice date and invoice number, company's name, tax ID number, contract number, funding obligation (purchase order) number, dates of service, name of physician and hours worked, as well as remit to address. A copy of the invoices and all related documents shall be forwarded to the designated COR at the same time the invoice is submitted to the Financial Services Center electronically for payment. Only the copy received at the Financial Services Center will be used for interest under the Prompt Payment Act a. The Department of Veterans Affairs (VA Financial Service Center (FSC) is the designated agency office for invoice receipt in accordance with the Prompt Payment Act (5 CSF Part 1315). FSC or its designated representative may contact the vendor to provide specific instructions for electronic submission of invoices. The vendor will be responsible for any associated expenses. FSC may utilize third-party contractors to facilitate invoice processing. This solicitation adheres to the format as defined in FAR 12 and will be conducted using the procedures of FAR Part 12, Acquisition of Commercial Items in conjunction with the Procedures of VAAR 873 for the Procurement of Enhanced Health Care Resources in accordance with Public Law 104-262 and §38 U.S.C. 8153. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NODATEAnnual Office of Inspector General (OIG) Statement:In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the VA OIG has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.Therefore, all Contractors shall review the OIG List of Excluded Individuals/Entities on the OIG web site at oig to ensure that the proposed Contractors and/or firm(s) are not listed. Contractors should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP’s may also be imposed against the Contractors and entities that employ or enter into contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.By submitting their proposal, the Offeror certifies that the OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.CONTRACTOR CERTIFICATIONThe Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States.If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.The Contractor agrees to obtain a similar certification from its subcontractors.Signature:______________________________________Date:____________________________________________Typed Name and Title: ________________________________Company Name: _____________________________________This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)Each contractor whose contract award is estimated to exceed $100,000 is required to register with CPARS database at the following web address: cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative. B.2 IT CONTRACT SECURITY VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. 4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT a. Information 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 COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The contractor/subcontractor shall certify to the COTR 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. c. 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. d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. e. 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. f. 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. g. The contractor/subcontractor agrees to: (1) 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: (a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/ subcontractor is to perform; (1) 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; and (2) Include 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. h. 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. (1) "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. (2) "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. (3) "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. i. 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. j. 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 than days. k. 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 within days. l. 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 Technology. 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a. For 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 COTR 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. b. 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. c. 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. d. 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, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. 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 COTR. 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. f. 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. g. 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. h. 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: (1) Vendor must accept the system without the drive; (2) 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; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract. (c) 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. 6. SECURITY INCIDENT INVESTIGATION a. The 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 COTR 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. b. 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. c. 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. d. 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. 7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent 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. b. 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. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) 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; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether 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. d. 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 day, per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8. SECURITY CONTROLS COMPLIANCE TESTING On 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.(End of Clause) B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes FAR 219-14. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.(End of Clause)B.4 PRICE SCHEDULEThe Offeror agrees to furnish all personnel to provide services necessary to perform onsite Plastic Surgery services to eligible beneficiaries of the Department of Veterans Affairs Medical Center, Memphis, TN. The period of performance shall be a one year base period, with a one year option renewal period. Pricing is Firm-fixed per hour.BASE PERIOD (award date through 12 months): CLIN No.DescriptionQty.UnitUnit CostTotalAnnual Cost00010.3 FTE Plastic Surgeon- Clinic Coverage624hrs (12hrs per week)Hours$__________$__________(52 weeks)CLIN No.DescriptionQty.UnitUnit CostTotalAnnual Cost0001a0.2 FTE Plastic Surgeon- OR Coverage416hrs (8hrs per week)Hours$___________$__________(52 weeks)CLIN No.DescriptionQty.UnitUnit CostTotalAnnual Cost0001b0.1 FTE Plastic Surgeon- On-Call Services208hrs (est hrs per year)Hours$__________$__________OPTION PERIOD 1 (completion of base period through 12 months):CLIN No.DescriptionQty.UnitUnit CostTotalAnnual Cost00020.3 FTE Plastic Surgeon- Clinic Coverage624hrs (12hrs per week)Hours$__________$__________(52 weeks)CLIN No.DescriptionQty.UnitUnit CostTotalAnnual Cost0002a0.2 FTE Plastic Surgeon- OR Coverage416hrs (8hrs per week)Hours$___________$__________(52 weeks)CLIN No.DescriptionQty.UnitUnit CostTotalAnnual Cost0003b0.1 FTE Plastic Surgeon- On-Call Services208hrs (est hrs per year)Hours$__________$__________ B.5 PERFORMANCE WORK STATEMENTGENERAL DESCRIPTION: a. The VA Medical Center located in Memphis, Tennessee has a requirement to provide Veteran beneficiaries the services of board eligible/certified plastic surgeons to provide plastic surgery care. It is the Department of Veterans Affairs (VA) intention to solicit proposals in accordance with all terms, conditions, provisions, specifications, and schedules of this solicitation and award a contract on a competitive basis under the authority of 38 U.S.C. 8153. and Public Law 104-262. The Contractor shall provide Health Care Resources in accordance with the terms and conditions stated herein, and to furnish to and at the Department of Veterans Affairs Medical Center, Memphis, Tennessee the services and processes specified in the section entitled PERFORMANCE WORK STATEMENT of this solicitation. A board eligible/certified plastic surgeon, certified by the Board of Plastic Surgeons, shall serve as attending surgeon on all plastic surgery operations. The scheduling and staffing will be considered and requested by the Chief, Surgical Service to the Department of Veterans Affairs Medical Center Memphis. b. The Debarred List must be queried prior to recommending surgeons to provide these services and these queries must be negative. c. The National Practitioner Database will also be queried for any entries reported at the time a surgeon is recommended.2. DESCRIPTION OF SERVICES PROVIDED:The Contractor shall furnish the services of 0.6 FTE (Full-time Equivalent) Plastic Surgeon. In addition, the Contractor’s employee must be present at the VA facility and must perform the required services as specified in the contract. The Contractor shall be available to provide plastic surgery coverage 24 hours a day, seven days per week, and 365 days per year. The working hours of the facility are primarily between the hours of 8:00 AM and 4:30 PM, Monday through Friday. The Contractor shall be available to perform emergency or urgent specialized procedures, and provide follow-up to patients and new consults after normal working hours, weeknight, weekend, and holiday "on-call" services. The Contractor shall provide preoperative and postoperative evaluation and care associated with these procedures and related consultation without additional compensation. The Contractor shall be responsible for providing replacement staff at all times to ensure complete coverage. If for some unforeseen reason the contractor’s employee is not present at the VA facility, a physician must be on-call and available to report to the VA facility within ten (10) minutes. If the contractor’s employee is neither physically present, nor available on-call, the contract cost will be decreased accordingly, during each billing cycle. Although the services of a physician may not be required on any given day, the availability of a physician shall be provided at all times, as required by this contract.The Contractor's employee shall not supervise any VA employees and will perform only authorized contract work at the VA Medical Center in strict accordance with the schedule of Costs shown in the contract. Contractor may work with current VA full or part time surgeons that are not provided by the contractor. Contractor will provide, as needed, professional direction and oversight to support personnel employed by the VAMC, Memphis,TN.Upon request of the VA the Contractor shall be responsible for providing any or all of the following services: Contractor shall provide plastic surgeon(s) to support plastic surgery clinic(s) and perform in-patient consultations as required, twelve hours per week (0.3 FTE). Contracted plastic surgeon(s) must be present at the VA and able to provide inpatient consultative services five days a week - Monday through Friday. Plastic Surgery Clinic hours will be designated by the VA (changes to accommodate veterans' needs will be made as quickly as possible but no later than four months of requested change). The contracted plastic surgeon will be required to operate the clinic, examine patients, and interpret reports as required by the VA. The contractor's employees will be required to work with VA staff. Every effort will be made to have in-patients seen in the clinic but some in-patient consultations will have to be performed in acute care settings (SCI unit, ICU, etc.). Contractor shall also assign a physician to perform Compensation and Pension (C&P) examinations for plastic surgery veterans in the clinic. Contractor shall staff the Operating Room (OR) for all plastic surgery procedures and/or provide in-patient/post-operative care as indicated 8 hours per week (0.2 FTE). OR days are subject to change in concurrence with Chief of Surgery and Chief of Anesthesia. Contractor shall coordinate care with inpatient staff physicians to effect timely completion of medically necessary surgeries. Contractor surgeons will work closely with VA staff (surgeons, wound care nurses, etc.) to assure clinically appropriate post-operative care. Contractor shall be available to provide off tour (nights, weekends, and holidays) call for rare emergencies and rounds on post-operative patients when clinically indicated (0.1 FTE). Emergencies are not expected to exceed 10 emergency cases per year. Contractor shall prepare monthly call schedules for coverage of these rare plastic surgery emergencies. A draft schedule shall be submitted to the office of the VA Chief, Surgical Service/Administrative Officer within five (5) working days prior to the end of each month.The Contracting physicians shall provide care to both in-patients and out-patients with concentration in the following areas: Wound CareFlaps and GraftsReconstructive surgeries (head, neck, trunk and breast)Maxillofacial reconstructiveMinor burnsHead and neck, trunk and breast surgeriesExtremities, Hand SurgeryMicrosurgeryFacial TraumaCongenital Defects Benign and Malignant Skin LesionsContractor shall designate a physician to attend and provide delegated responsibilities of Medical Center committee meetings as assigned by VA Chief of Staff or Chief, Surgical Service. Contractor shall ensure that contract physicians contribute to the ongoing quality improvement programs in the organization as described in Medical Center Memorandum No. 00-12, Quality Management System may be accessed at the following URL: addition, the services to be performed by the Contractor will be done so in accordance with compliance with VA mandates, policies and procedures, The Joint Commission, Federal and State laws, and regulations of the Medical Staff by-laws of the VA Medical Center. Note: Joint Commission Manuals may be reviewed online at the following URL: Staff Bylaws may be found at the following URL: surgeons will be required to work in collaboration with surgeons who are part-time or full time salaried by the VA including but not limited to sharing call, seeing patients and operating when on call and collaborating physician's patients. In general the responsibilities for inpatient care include, but are not limited to:g.GENERAL PRIVILEGES:Plastic Surgery Inpatients:Admit and/or consultationsDiagnosisDevelop Treatment PlanManage, including the performance of surgery, timelyDischargeIncluding all needed medical record documentation2. Surgical Intensive Care Unit PatientsAdmit and/or consultationsDiagnosisDevelop Treatment PlanManage, including the performance of surgery, timelyDischarge/TransferIncluding all needed medical record documentation 3. Outpatient CareSeeing all new patient referrals with accompanying medical record documentation in plastic surgery clinicSeeing patients with new surgical complicationsApproving proposed surgeriesPostoperative visitsh.Provide professional direction to support personnel employed by the VAMC, Memphis, TN as well as affiliate trainees on rotation at our facility.i. The Contractor shall provide Plastic Surgeons with plastic surgery expertise for peer review of selected cases. This shall include, but not be limited to: tort claims, patient family complaints, peer review, surgical case reviews, and benefit appeals.j. The Contractor shall be responsible for the administration and management of all aspects of this contract and the health care plan covered hereunder. This includes responsibility for all Contractor employees, subcontracts, agents, and any action for or on behalf of the Contractor.3. CONTINUITY OF CARE:The Contractor shall be responsible for the management of medical care and continuity of care for all patients through the following minimum functions:The Contractor shall work with VA staff physicians and wound care nurses to provide case management services.Contractor shall make rounds on a daily basis. The Contractor shall provide services which meet the standards as established by Federal and State Regulations and other review bodies, e.g. Joint Commission.The Contractor employee shall be responsible for the completion of all plastic surgery medical records documentation, including admission notes, operative notes, brief operation notes, consultation notes, discharge summaries, clinical notes, and shall use the Clinical Reminder system in the VA Memphis Computerized Patient Record System (CPRS) in accordance with Department of Veterans Affairs, Memphis policy. Failure to complete medical record documentation timely will result in reduced payment, as detailed herein. The Contractor employees shall complete all training as required and within timeline standards, under VA mandates, e.g. Privacy policy/HIPPA, Cyber Security Awareness, compliance and business integrity, emergency preparedness management, fire and life safety, green environmental management systems – GEMS, infection control, managing hazardous materials, medical center security, and no-fear, Statement of Commitment of Understanding. Additional requirements may be added. 4. QUALITY ASSURANCE: The Contractor shall ensure that all physicians participate and comply with quality assurance programs within Surgical Service. The Contractor's employee shall comply with Management and Improvement Programs as described in the VA Medical Center Policy Memorandum “00-12 Quality Management System” which may be accessed at: . MALPRACTICE CLAIM: The contractor shall notify the Contracting Officer, in writing, whenever a malpractice claim involving a VA patient has been filed against the contractor or any subcontractor. The contractor will forward a copy of the malpractice claim within three (3) workdays after receiving notification that a claim has been filed. The contractor will also notify the Contracting Officer when any provider furnishing services under this contract is reported to the National Practitioner Data Base. This notification will include the name, title and specialty of the provider.6. INSURANCE – EVIDENCE OF COVERAGE: Before commencing work under this contract, the contractor shall furnish certification to the Contracting Officer that the coverage required has been obtained and such policy shall state 'THIS POLICY MAY NOT BE CHANGED OR CANCELLED WITHOUT WRITTEN NOTICE TO THE VA". Said policy must bear an appropriate "loss payable clause" to the United States and its interest may appear. Such evidence of insurance will not be waived. (Please refer to FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) and VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008).7. SPECIAL CONTRACTOR RESPONSIBILITIES: The contractor must possess all licenses, permits, accreditation and certificates as required by law. The contractor must perform the required work in accordance with Joint Commission, VHA and other regulatory standards. Joint Commission standards may be obtained from the Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181. Copies of such certificates, licenses and permits must be presented with contractor's proposal.8. PERFORMANCE REQUIREMENTS & MEDICAL RECORD COMPLIANCE STANDARDSMedical Record Compliance Standards – Level of Compliance Summary: The following Deduction Schedule will be used for medical record compliance standards. The table specifies the Requirements, Standards, Minimum Monthly Compliance Standard and Deduction for Documentation Non-Compliance. If a contractor is found to be non-compliant, the amount referenced shall be deducted from the invoice submitted for the period in which the documentation was omitted. The contractor is still responsible for completion of all non-compliant discrepancies. However, the amount deducted for non-compliance will not be reimbursed when final documentation is completed. RequirementsStandardsMinimum MonthlyCompliance StandardDeduction for DocumentationNon-complianceDischarge Summary CompletionThe Discharge Summary shall be dictated or entered in CPRS prior to discharge of the patient. The discharging physician shall complete and sign discharge summaries within 7 days following the disposition of the inpatient.100% Compliance as required by VA Memphis policy. See VA Policy Memorandum No. 136 – 39 can be assessed by linking to this URL (Sample Size – 100% of all summaries)*Performance measureFailure to successfully meet 100% monthly compliance standard shall result in the following actions:The 1st month standards fall below 100% shall require a detailed action plan demonstrating actions to meet standards.Standards remaining below 100% during the 2nd month will result in $75.00 non-refundable deduction per incomplete discharge summary.Standards remaining below 100% greater than 60 days will result in $150.00 non-refundable deduction per incomplete discharge summary each month thereafter Admission NotesRequirementsThe attending physician shall primarily enter and sign an admission note in compliance with VA requirements before midnight followingadmission, including weekends andholidays and shall daily enter into the CPRS system evidence of appropriate attending supervision in progress notes.Standards95% compliance of admission notes and daily attending Notes100% of charts will be reviewedMinimum Monthly Compliance Standard$250.00 non-refundable deduction for each month that compliance falls below 95%Deduction for Documentation Non-complianceProgress Note CompletionThe provider shall enter a progress note within 24 hours of the patient visit. Inpatient/Outpatient Random sampling – (30% of all notes)* Performance measure1st month of noncompliance shall result in the submission of an action plan to meet compliance standards.2nd month of noncompliance shall result in non-refundable $50.00 deduction for each occurrence of non-compliance.3rd and succeeding months will result in non-refundable $75.00 deduction for each occurrence of non-compliance.Consults CompletionRequirementsThe provider shall enter all requests and responses for Clinical Consultation into CPRS. Standards95% direct order entry / 95% completion(Random sampling - 30% of all consults will be reviewed)*Performance measureMinimum Monthly Compliance Standard1st month of non-compliance shall result in the submission of an action plan to meet compliance standards.2nd month of non-compliance shall result in non-refundable $75.00 deduction for each occurrence of non-compliance.3rd and succeeding months will result in non-refundable$150.00 deduction for each occurrence of non-compliance.Deduction for Documentation Non-complianceOperation and Procedure Reports CompletionRequirementsAppropriate operative reports shall be dictated immediately after surgery and shall contain both a description of the findings, a detailed account of techniques used, tissue removed, the name of the primary surgeon and any assistants. NOTE: Immediately is interpreted in some standards of practice as six hours following surgery. Joint Commission defines immediately as “upon completion of the operation or procedure, before the patient is transferred to the next level of care”Standards95% electronic compliance as stated in policy(Random sampling- 30% of all operative and procedure reports)Minimum Monthly Compliance Standards$50.00 non-refundable deduction per occurrence if not dictated timely.$100.00 non-refundable deduction if medical record is incomplete greater than 7 days for each occurrence$100.00 additional, thereafter for each month incomplete per occurrence.Deduction for Documentation Non ComplianceOperation and Procedure Reports Completion(cont)Brief operative progress note must also be completed and signed before patient leaves the recovery unit.________________Once operative reports are entered into CPRS, they must be sign/cosigned according to standards as mandated by the VA. Signing must include the Attending signature________________A pre-operative note signed by the Attending is required before all surgical procedures$150.00 non-refundable deduction for each occurrence of noncompliance$100.00 non-refundable deduction for each occurrence of noncompliancePatient Care Encounter (PCE) CompletionOutpatient encounters shall be documented using the electronic encounter form on the day of outpatient visit and no later than ten (10) days after service99% use of electronically entered encounter form data$1000 for the month if more than 1% are incompletePERFORMANCE MEASURES: Other changes that are mandated by the VA will become requirements as part of this contract. Deductions will be negotiated at the time of modification.PerformanceMeasuresRequirementsStandardsMinimum Monthly Compliance StandardDeduction for DocumentationNon-ComplianceAntibiotics ProphylaxisRequirementsAntibiotic Prophylaxis - Appropriate actions and functions that permit compliance with timely administration of antibiotics, resolve satisfactory performance, e.g. percent of cases drug began timely and percent of cases drug was discontinued timely.Participation with and adherence to glucose monitoring and treatment protocol of hyperglycemia in patients in SICU/MICU.DVT Prophylaxis – The appropriate pharmacological or mechanical prophylaxis timely administered within 24 hours of surgery prior to surgical incision time to 24 hours after surgery end time, e.g. Elective Hip Replacement – Low molecular weight heparin (LMWH) Factor Xa inhibitor) Fondaparinux) Warfarin; Elective Knee Replacement – Low molecular weight heparin(LMWH) Factor Xa inhibitor) Fondaparinux)Standards95% completion as appropriate, as determined by the external peer review process*Performance MeasureMinimum Monthly Compliance Standard$500.00 if not begun timely, discontinued timely, or documentation for medical need to continue incomplete.Deduction for Documentation Non-complianceAntibiotics ProphylaxisWarfarin, Intermittent pneumatic compression devices (IPC); Hip fracture Surgery – Low dose unfractionated heparin (LDUH), Low molecular weight heparin (LMWH) Factor Xa Inhibitor (Fondaparinux) Warfarin; Elective Total Hip Replacement with high risk for bleeding and Hip fracture Surgery with high risk for bleeding–Graduated Compression stockings (GCS) or Intermittent pneumatic compression (IPC)Beta Blocker prescribed at arrivalPerformance Measures RequirementsAcute myocardial infarction (AMI) patients without beta blocker contraindications who received a beta blocker within 24 hours after hospital arrival must have documentation that a beta-blocker was prescribed within 24 hours after hospital arrival in cases where there is no documentation of one or more of the following potential contraindications/reasons for not prescribing a beta-locker on arrival:Beta blocker allergyBradycardia (heart rate less than 60 bpm) on arrival or within 24 hours Standards95% completion as appropriate, as determined by the external peer review processMinimum Monthly Compliance Standard$500.00 if not begun timely, discontinued timely, or documentation formedical need to continue incomplete.Deduction for Documentation Non-compliance(Continued) Beta Blocker prescribed at arrival)after arrival while not on abeta blockerHeart failure on arrival or within 24 hours after arrivalSecond or third degree heart block on ECG on arrival or within 24 hours after arrival and did not have a pacemaker Shock on arrival or within 24 hours after arrivalSystolic blood pressure less than 90 mm Hg on arrival or within 24 hours after arrivalOther reasons documented by a physician, nurse practitioner, or physician assistant for not prescribing a beta blocker on arrival within 24 hours after hospital arrivalBeta Blocker prescribed at dischargePerformanceMeasuresRequirementsAcute myocardial infarction (AMI) patients without beta blocker contraindications who were prescribed a beta blocker at hospital discharge must have documentation that a beta blocker was prescribed at discharge in cases where there is no documentation of one or more of the following potential contraindications/reasons for not prescribing a betablocker at discharge:Standards95% completion as appropriate, as determined by the external peer review processMinimum Monthly Compliance Standard$500.00 if not begun timely, discontinued timely, or documentation for medical need to continue incompleteDeduction for DocumentationNon-ComplianceBeta Blocker prescribed at discharge(cont)Performance Measures RequirementsBeta blocker allergyBradycardia (heart rate less than 60 bpm) on day of discharge or day prior to discharge while not on a beta blockerSecond or third degree heart block on electrocardiogram (ECG) on arrival or during hospital stay and does not have a pacemakerSystolic blood pressure less than 90 mm Hg on day of discharge or day prior to discharge while not on a beta blockerOther reasons documented by a physician, nurse practitioner, or physician assistant for not prescribing a beta blocker at dischargeStandardsMinimum Monthly Compliance StandardDeduction for Documentation Non-complianceTimely removal of urinary catheter POD1 or POD2Surgical patients with urinary catheter. Catheter must be removed on post operative day one or postoperative day two with day of surgery being day zero. 95% completion as appropriate, as determined by the external peer review process$500.00 if not begun timely, discontinued timely, or, documentation for medical need to continue incompleteQuality Assurance Surveillance PlanFor: Plastic Surgery ServicesContract Number: _______________________< Upon award, Government will enter contract number>Contract Description: Plastic Surgery services as described in the Performance Work StatementContractor’s name: _________________________________________________ (Hereafter referred to as the contractor).1. PURPOSEThis Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:What will be monitored.How monitoring will take place.Who will conduct the monitoring.How monitoring efforts and results will be documented.This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.2. Government Roles and ResponsibilitiesThe following personnel shall oversee and coordinate surveillance activities. a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.Assigned CO: ________________ Contracting OfficerOrganization or Agency: Department of Veterans Affairs, Office of Acquisition and Materiel Managementb. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Assigned COR: Other Key Government Personnel: Nurse Liaison for Plastic Surgery Chief, Surgical ServiceChief, Plastic Surgery Section3. Contractor RepresentativesThe following employees of the contractor serve as the contractor’s program manager for this contract. a. Program Manager: b. Other Contractor Personnel: 4. Performance StandardsPerformance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). Contractors must adhere to Joint Commission Standards.Contractor must accept all patients assigned by the Memphis VA Medical Center.TaskIDIndicatorStandardAcceptable Quality LevelMethod of SurveillanceDeductionTimely Access1For Outpatient Plastic surgery, clinic appointment must be scheduled for patient to be seen in a timely manner. Patients must be seen by a provider within 14 days.98%Data Analysis of Monthly Clinic Access Report Exercise of Option PeriodTimely H&P Notes2For new admissions to the Plastic surgery inpatient service, co-signature of an extender's or trainee's H&P AND a brief personal H&P will be performed within 24 hours of admission on all assigned patients.For new admissions to the Plastic surgery inpatient service, H&P will be documented within 24 hours of admission. 100%Data Analysis of Medical record completion reportsExercise of Option PeriodPatient Satisfaction3Acceptable levels of Patient Satisfaction ScoresAcceptable level will be attained on the Outpatient SHEP Customer Satisfaction Scores 100%Data Analysis of Outpatient SHEP Report (or equivalent survey)Exercise of Option PeriodQuality Care4Provider credentialing and privilegingAll providers must be credentialed and privileged by the Memphis VAMC100%Direct Observation Exercise of Option Period5. IncentivesThe Government shall use the Exercise of an Option Period for not meeting acceptable quality levels. 6. Methods of QA Surveillance Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP. a. DATA ANALYSIS OF AUTOMATED REPORTS: For Performance ID numbers 1 through 3 above.b. DIRECT OBSERVATION: For Performance ID number 4 above.7. Ratings: Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:Review of Automated Reports of Performance Measure Completion, Access Measure Rates, Medical Records Completion Reports, Outpatient SHEP Customer Satisfaction Scores and Direct Observation8. DOCUMENTING PERFORMANCE: a. Acceptable Performance:The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action. b. Unacceptable performance:When unacceptable performance occurs, the COR shall inform the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the Contracting Officer determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), for the Contracting Officer and the Contracting Officer will present it to the contractor's program manager. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer. The Government shall review the contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO. 9. Frequency of Measurement: a. Frequency of Measurement.During contract performance, the COR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.b. Frequency of Performance Assessment Meetings.The COR shall meet with the contractor monthly to assess performance and shall provide a written assessment. ____________________________________________Signature – Contractor Program Manager____________________________________________Signature – Contracting Officer’s Representative10. PROGRESS AND COMPLIANCE:ActivityStandardsMinimum Monthly Compliance StandardDischarge SummaryCompletionDischarge Summary shall be dictated or entered in CPRS prior to discharge of patient. The discharging physician shall complete discharge notes within 10 days following the disposition of the inpatient.100% Compliance as required by VA Memphis policy, no. 136-39.(Sample Size-100% of all summaries)Admission Notes/Progress Note CompletionThe attending physician shall enter an admission note within 24 hours of the patient's admission and shall daily enter into CPRS an appropriate attending progress note.95% compliance of admission notes and attending notes (Independent notes of attending meeting supervision requirements)(Random sampling-30% of all notes)Consults CompletionThe provider shall enter requests and responses for Clinical Consultation into CPRS95% direct order entry/95% completion(Random sampling-30% of all consults)Electronic Physician OrderingAll orders for treatment, including diet, shall be in electronic form, dated, timed, and signed.95% direct provider entry(Random sampling-30% of all physician orders)Clinical Reminders ResolutionClinical Reminders will be resolved according to local policy.100% completion as appropriate(Sample Size-100%)Patient CareOutpatient encounters shall be documented95% use of electronically entered encounter form data (independent notes of attending meeting supervision requirements)Encounter (PCE) CompletionUsing the Electronic Encounter FormRandom sampling—30% of all patient encountersProblem List InitiationA problem list shall be initiated for all patients followed in Surgical Clinic95% of all patients will have a problem list initiated by the third visit (Random sampling 30%) a. MEDICAL RECORDS STANDARDS: The Contractor shall maintain up-to-date medical records based on the Medical Record Compliance Standard. Utilization of CPRS(Computerized Patient Record System) is required. Medical center staff will provide technical training on the use and operation of CPRS during the start-up early operation stage and as updates become available. Medical center staff will provide at least annual Privacy Act training to appropriate contractor staff. The contractor, contractor employees, and subcontractors shall be subject to the Privacy Act of 1974 and HIPAA of 1996. The Contractor is not authorized to release any medical record information. The VAMC is the sole entity authorized to release this information upon written request submitted via facsimile or mail from the patient. The VAMC will provide the Contractor with access to pertinent patient medical information, within the existing privacy rules and regulations for the purpose of providing coordinated comprehensive primary care. The Chief of Staff, or designee (equivalent), has oversight responsibility for health record timeliness, accuracy, and completion of outstanding medical records. 1.) Discharge Summary Completion: The Discharge Summary shall be dictated or entered in CPRS prior to discharge of the patient. The discharging attending physician shall ensure completion and sign discharge summaries within 7 days following the disposition of the inpatient.Admission Notes / Progress Note Completion: The attending physician shall physically meet, examine, and evaluate the patient within 24 hours of admission including weekends and holidays. Attending physician shall enter an admission note by midnight of the calendar day following admission and shall indicate that the patient was seen and examined within 24 hours and shall daily enter a progress note into the CPRS system. Outpatient progress notes must be completed. History & Physical (H&P) is to be completed prior to surgery or within 24 hours of the patient's admission and must be signed by the attending. Notes must be consistent with requirements of the VA. Other changes that are mandated by the VA will become requirements as part of this contract. 3) Consults Completion: Requests and responses for Clinical Consultation shall be entered into CPRS by the provider and must be entered/completed in accordance with VA timeliness standards. 4) Operation and Procedure Reports Completion: Appropriate operative reports shall be dictated immediately after surgery and shall contain a description of the findings and a detailed account of techniques used and tissues removed and the name of the primary surgeon and any assistants.Brief operative progress note must also be completed prior to leaving the recovery unit and signed/co-signed. Once operative reports are entered into CPRS they must be signed/co-signed according to standards mandated by the VA.A personal notation entered by the attending physician must document his or her participation in the three key portions (as defined by the AMA in CPT-4) of an Evaluation and Management Service; history, physical examination and medical decision-making. 5) Electronic Physician Ordering: All orders for treatment, including diet, shall be done electronically, dated, timed, and signed.6) IMED Consent Form: All surgical procedures that warrant consent will be done electronically utilizing IMED Consent Form7) Clinical Reminders Resolution: Clinical Reminders shall be resolved according to local policy.8) Patient Care Encounter (PCE) Completion: Outpatient encounters will be documented and completed on the day of the encounter, including determination in regard to service connected care, using the electronic encounter form.9) Allergy Tracking Entry Completion: Appropriate allergy data shall be entered into CPRS when seen in a clinic or as an admission.10) Problem List Initiation: A problem list shall be initiated for all patients followed in Plastic Surgery Clinic.11) External Peer Review Program: The contractor's medical records shall be made available for audit through the VA Medical Center's External Peer Review Program (EPRP). EPRP is provided to the VA Medical Center, Memphis by contractors. Contractors who are seeing Department of Veterans Affairs patients are considered to be VA providers. (Medical Center Memorandum 00-75 (Peer Review for Quality Management) may be accessed at the following URL: 11. MEDICAL RECORD DOCUMENTATION, HEALTH INFORMATION MANAGEMENT AND MEDICAL RECORDS SECURITY AND HIPPA:a. The treatment and administration of patient records created by, or provided to, the Contractor under this agreement is covered by the VA system of records entitled "Patient Medical RecordsVA (24VA19).b. VA may provide Contractor and subcontractor, if any, with access to Department of Veterans Affairs (VA) automated patient records and general files maintained on VA computer systems. Contractor, Contractor's employees, and Contractor's subcontractors (if any) shall maintain, access, release, and otherwise manage the information contained in the automated patient record and general file system in accordance with all federal laws governing that information, including federal laws applicable to federal agency records. Contractor shall take reasonable safeguards, both physical and electronic, to safeguard the information and prevent unauthorized disclosures, including the Health Insurance Portability Accountability Act (HIPAA). Contractor, Contractor's employees, and Contractor's subcontractors (if any) shall follow all VA policies governing access to, release of, and management of the information maintained in the automated system. Contractor shall take steps to ensure that its employees and subcontractors (if any) are bound by this requirement and subject to adverse action, up to and including termination of the relationship with Contractor, for failure to follow these requirements and that its employees and subcontractors, if any, meet the same requirements as VA employees for access to information contained in the automated record system. Contractor shall utilize computers that are consistent with VA requirements and upgrade its computers if instructed to do so by VA in order to ensure compatibility with the VA system.c. In performing this agreement, Contractor shall be considered a part of VA for purposes of 5 U.S.C. §552a, 38 U.S.C. §§5701 and 7332, but its employees, agents, and subcontractor will not be considered employees of the VA. Contractor's employees and agents may have access to patient medical records and general files to the extent necessary to perform this contract. Notwithstanding any other provision of this agreement, Contractor and/or its employees may not disclose information contained in general files and patient records and or other individually identified patient information, including information and records generated by the Contractor in performance of this agreement, except pursuant to explicit instructions from the VA. For the purposes of this paragraph, instruction to disclose may be provided by these officials only: Contracting Officer, Contracting Officer Technical Advisor, the Privacy Officer, or VA attorneys. In responding to enrolled patient’s, release of information request the Contractor shall supply a blank VA Form 10-4553 or 10-4553a to the enrolled patient and inform them to complete the form and mail it to VAMC Memphis. Release of Information consent is not required to transfer medical information between the Contractor and the VAMC, Memphis, TN.d. Records created by Contractor in the course of performing this agreement are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable federal law, regulations, and policy. Access to data shall be limited to the minimum necessary for performance of the contract. Contractor shall take steps to ensure that access is limited to those employees who need access to the data to perform the contract. Contractor shall not copy information contained in the system, either by printing to paper or by copying to another digital format, without the express permission of one of the officials listed in paragraph (b), above, except as is necessary to make single copies in the ordinary course of providing patient care. Contractor shall not commingle the data from the system with information from other sources. Contractor shall report any unauthorized disclosure of VA information to the facility Privacy Officer. e. If this agreement is terminated for any reason, Contractor shall provide the VA with all individually-identified VA patient treatment records or other information in its possession, as well as any copies made pursuant to paragraph (c), above within seven (7) days of the termination of the agreement.f. Certain information available from the database and other records created by the Contractor under this Agreement are medical quality assurance records protected by 38 U.S.C. §5705; its implementing regulations at 38 U.S.C. §§17.500-511; VHA Directive 98-016,4.b.(1)(d), 4.6(2)(c) and 4.6(4) . These records may be disclosed only as authorized by 38 U.S.C. §5705 and the VA regulations. Disclosure of these records in violation of §5705 is a criminal offense under 38 U.S.C. §5705(e).g. Contractor shall follow all VA policies regarding the retention of records. In the alternative, Contractor may deliver the records to VA for retention.h. Any changes in the law or regulations governing the information covered by this agreement during the term of this agreement will be deemed to be incorporated into this agreement. Contractor shall educate its employees and subcontractors, if any, of the requirements of this section and shall advise its employees and subcontractors, if any, of any changes as they occur. On Contractor's request, VA shall provide trainers who can educate Contractor's employees and subcontractors, if any, of their obligations under this sectioni. Contractor shall make its internal policies and practices regarding the safeguarding of medical and/or electronic information available to federal agencies with enforcement authority over the maintenance of those records upon request.j. Contractor shall enter all patient data into the electronic medical record (CPRS), including all orders, treatment plan of care, all findings from patient assessment, and treatment provided, pharmaceutical orders, consults, progress notes, and all other relevant data, such as laboratory, radiology, and other test results. All records will be electronic and no records will be handwritten. Contractor staff shall be responsible for updating Problem List. Electronic documentation of all veteran visits shall be entered and signed by the provider, by the close of business (4:30 pm) the second business day following the appointment.k. The Contractor shall have a written contingency plan for computer downtime that defines the processes in order to ensure continuity of patient care and maintenance of the integrity of the patient's medical record during periods of loss of computer functions. The contingency plan must be reviewed and approved by the parent VAMC Director, Information Management prior to award.l. External Peer Review Program: The Contractor shall document in the medical record preventive health case management measures and the chronic disease indicators of the enrolled patient through the use of clinical reminders in CPRS. The Contractor's medical records will be made available for audit through the VAMC, Memphis, TN’s External Peer Review Program (EPRP). EPRP is provided to the VAMC, Memphis, TN by Contractors. Contractors who are seeing Department of Veterans Affairs patients are considered to be the VA providers and as such are provided access to confidential patient information as contained in the medical record.m. Medical treatment records generated by the Contractor in the course of performing this agreement shall be available for audit through the VA Medical Center's External Peer Review Process (EPRP). If the local VAMC contemplates that the records generated by the audit review procedure should be protected as medical quality assurance review records under 38 U.S.C. 5705, the facility may do so only in compliance with the Department's regulations implementing 5705, 38 C.F.R. 17.500511n. The Contractor shall utilize the Computerized Patient Record System (CPRS) to maintain a single comprehensive record for each enrolled patient. The medical records will be maintained up-to-date (immediately following patient encounter) and will include the enrolled patient's medical records for all sub-Contractor providers. The record shall include, at a minimum, medical charts, prescription orders, reason for visit, status of diagnosis in the Assessment/Plan, diagnoses for which medications were administered or prescribed, documentation of orders for laboratory, radiological, EKG, hearing, vision, and other tests and the results of such tests and other documentation sufficient to disclose the quality, quantity, appropriateness, and timeliness of services performed or ordered under this contract. Each member's record must be legible and maintained in detail consistent with good medical and professional practice that permits effective internal and external peer review and/or medical audit and facilitates an adequate system of follow-up treatment. o. The medical record, progress note, of each enrolled patient visit, whether the patient visit was with the Contractor or a subcontractor primary care provider, shall be entered, electronically in the patient's record through the VAMC, Memphis, TN’s CPRS system within seven (7) days of the encounter/visit/appointment. Timely completion of medical record Progress Notes is essential. Any progress notes that are delinquent beyond thirty (30) days of the date when the patient was seen will result in the VAMC, Memphis withholding (nonrefundable) payment until the delinquent note has been completed in the VA CPRS System.p. The Contractor shall not allow its inability to access VISTA and/or CPRS to prevent any patient from being seen by a provider as long as the following conditions are met: (1) The VAMC, Memphis, TN must supply the Contractor (via FAX) the health summary information for the newly enrolled patient prior to the patient’s visit. (2) In the event of VISTA and/or CPRS failure, the Contractor shall be allowed to use manual consult forms, special medication requests, and etc., and transmit those forms to the VAMC, Memphis, TN via fax. In the event, and for any reason, that the Contractor is not able to access the VAMC Memphis’s VISTA and/or CPRS system, the Contractor shall record all data manually including the completion of the Patient Encounter Form. Upon recovery of the Contractor’s ability to access the VISTA and/or CPRS system, the Contractor shall input all data recorded manually into the VISTA and/or CPRS system within 48 hours of the system becoming operational.q. Availability of Records: The Contractor shall make all records available at the Contractor's expense for review, audit, or evaluation by authorized federal, state, and Comptroller or VAMC, Memphis, TN personnel. Access will be during normal business hours and will be either through on-site review of records or through the mail. All records to be sent will be sent to VAMC, Memphis, TN within fifteen (15) calendar days of request at no expense to VA by certified mail or other trackable method. Records requested for the provision of continuity of patient care must be available within one (l) hour of request.r. Abbreviations from the approved abbreviation list/booklets of the VAMC, Memphis, TN must be used. Lists/booklets will be provided to the Contractor. The following Unapproved Abbreviations will NOT be used: AU, ug, u, iu, ss, Ss, gr, QD, QOD, MS, MSO4, MgSO4, never place a zero by itself after a decimal point, and always use a zero before a decimal point.s. For those Veterans who are administratively removed from the care of the Contractor, the Contractor shall complete the Veteran’s medical record within thirty (30) calendar days of VA’s notice to the Contractor of a Veteran’s removal and provide the record to VAt. VA will provide the necessary training to Contractor personnel on the proper use and operation of the computerized medical records system. Contractor personnel must sign access agreements to gain entrance to the system and are bound by confidentiality and release of information restrictions.u. All care provided shall be based on needs identified through the assessment process. Patient medical history and physical exams shall be performed in accordance with VA MEDICAL CENTER MEMPHIS Bylaws/Rules/Regulations, guiding Medical Center policies, and as clinically indicated by patient signs and symptoms. Findings from assessment and reassessment shall be clearly documented in the electronic medical record, which is used by all members of the interdisciplinary care team in care planning and treatment. v. Specific assessment areas that need to be addressed include the following: History & Physical examination including Pain, Psychological, social, nutritional, and overall functional screening by the contractor physician or nurse as appropriate. Contractor findings related to the above areas shall be recorded in the electronic medical record and addressed or referred as indicated, in accordance with Medical Center policies. Assessment for all procedures shall include all elements as explicitly outlined in VA MEDICAL CENTER MEMPHIS Bylaws and applicable policies. All required documentation shall be fully completed within VA MEDICAL CENTER MEMPHIS-required time frames. The contractor shall fully complete all signed and informed consent documentation prior to the procedures as required. Planned procedures will not be allowed if these requirements are not met. No invasive procedures shall be conducted outside of the VA Medical Center Memphis.w. The contract providers shall directly enter and immediately sign all medical documentation into CPRS including patients’ treatment, diagnoses of all illnesses, documentation of prescriptions, problem list, and orders for laboratory, radiological, EKG, hearing, vision, and other tests. The record shall also include the results of such tests and other documentation sufficient to disclose the quality, quantity, appropriateness, and timeliness of services performed or ordered under this contract. The contractor shall ensure that all records pertaining to medical care or services that are provided to VA MEDICAL CENTER MEMPHIS enrolled patients are available for immediate transmission or access whenever requested by VA MEDICAL CENTER MEMPHIS. Records identified for review, audit, or evaluation by VA MEDICAL CENTER MEMPHIS representatives and authorized federal and state officials will be accessed during normal business hours either through on-site review or to be sent through two (2) business days after receipt of request.x. Contractor shall deliver all written records, correspondence, and notes for all enrolled patients who were enrolled during the term of the contract to the Contracting Officers Technical Representative (COR) within twenty-one (21) calendar days after conclusion of this contract. y. Contractor shall complete VA form 10-5345 for all release of information requests within five (5) business days. The contractor shall process requests at contractor’s expense in accordance with VA MEDICAL CENTER MEMPHIS regulations and within the time frames required. If documents are requested that are not located in contractor’s medical record at contractors’ facility, contractor shall determine the location of the information and forward the request to that location. Contractor may contact VA MEDICAL CENTER MEMPHIS Release of Information section for assistance in completing requests. The contractor will enter all Releases into the Decision Support Service (DSS) Release of Information software. The VA MEDICAL CENTER MEMPHIS will provide the software and training.12. APPROVAL OF CONTRACTOR PERSONNEL: The Department of Veterans Affairs reserves the right to refuse employment under this contract or require dismissal from contract work of any Contractor employee for unsatisfactory performance at the VAMC, Memphis, TN or any other objectionable reason considered by the Contracting Officer. The Contractor shall receive a written notification regarding unsatisfactory performance, with a reasonable number of days to cure the problem. If a disagreement about performance still exists at the end of the cure period, the Contracting Officer will make a final determination with the input of the VAMC, Director within a reasonable period of time.13. CREDENTIAL REVIEWS/PRIVILEGING:GENERAL: The Contractor is responsible for ensuring that all persons, whether they be employees, agents, subcontractors, providers or anyone acting for or on behalf of the Contractor, are properly licensed at all times under applicable state law and/or regulations. A copy of license must be provided with the offer and will be updated upon expiration and renewal. Any changes related to the provider’s licensing or credentials will be reported immediately to the VAMC, Memphis, TN.No physician (including subcontractors) assigned by the Contractor shall have ever had a medical license suspended, revoked, or limited by a State, Territory, Commonwealth, or the District of Columbia. The qualifications of such personnel shall be subject to reviewThe requirements of the VA as stated in this Performance Work Statement (PWS) are for the performance of professional medical services. The Medical Center Director grants privileges after a review of a completed credentialing packet that has been recommended for approval by the Professional Standards Board and the Medical Staff Council. As a prerequisite to performance under the contract, the contract health provider (HCP) performing the services must be privileged at the VAMC where services are to be performed.Privileges will be renewed at least every two (2) years in accordance with Medical Center and Joint Commission (JC) requirements if there is a contract with option years; however, if no option years, privileges will be renewed annually. Contract physicians shall meet all duties of medical staff as delineated by Medical Staff Bylaws. Physicians assigned by the Contractor to work at the Medical Center shall be required to report specific patient outcome information, such as complications, to the Service Chief. Quality Improvement data provided by the physicians and/or collected by the service will be used to analyze individual practice patterns. The Service Chief will utilize the data to formulate recommendations for the Clinical Executive Board to consider in the renewal of clinical privileges.The Contractor shall provide original or certified copies of documentation required to meet VAMC, Memphis, TN’s current credentialing and privileging purposes including:Application For EmploymentComplete Credentialing and Privileging FormsEvidence of Medical Education and TrainingEvidence of Malpractice Insurance CoverageLicensure – All Licenses Ever HeldDEA CertificationCopies of Privileges Held on Other Medical StaffsThe Medical Staff Council established at the VA is the sole agency authorized to accept applications for privileges submitted by the Contractor to the Chief of Staff and to make recommendations on the granting of privileges. The VAMC Director is the final authority for approving or denying clinical privileges for all contract plastic surgeons. Request for privileges and completed credential packets shall be submitted sixty (60) days prior to the physician(s) scheduled start date. Application package will be provided by the VA Memphis to be completed by the candidate. This includes: Curriculum vitae, current references, signed release of information from candidate, and statement that candidate does not have any physical or mental health condition that would adversely affect his/her ability to carry out assigned duties, and additional credentialing and privileging forms. Candidate will also be required to make application through the VET-PRO Internet process. VetPro is an Internet enabled system for the credentialing of VHA health care providers that facilitates completion of a uniform, accurate and complete credentials file. VetPro improves efficiency by allowing providers to enter essential credentialing data only once. Providers must be enrolled in VetPro and credentialed using the VetPro process. Candidate will need to be enrolled in VET-PRO by our Credentialing and Privileging Coordinator at the Memphis VA. The website address is The parties agree that the Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.The contractor physician(s), hereafter referred to as Provider, Credentialing and Privileging will only be effective as long as the contract is effective. In addition, if the contract is not renewed, extended/modified, the provider should not see patients beyond the contract date; however will be allowed 30 days beyond the contract date to complete all administrative requirements. VA facility ID (station) number is: 61414.DRUG FREE WORK FORCE: The Contractor is expected to maintain a Drug-free Work Place in accordance with Federal regulations. The Contractor will establish and maintain a drug-free workplace program. The administration of this program will be the responsibility of the contractor, as well as, the establishment of disciplinary actions. 15. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:In accordance with the VA Handbook 6500.6, dated March 12, 2010, contractor shall ensure that all contractor personnel with access to Government computer systems and/or records comply with the Privacy Act of 1974, the Automated Information System Security Policy, and the requirements of the (HIPPA) Health Insurance Portability and Accountability Act, and that each has completed the VA System Access Agreement. Each contractor employee that will have access, either electronically or written, to any sensitive data, will be required to complete the following before work may begin under this contract. Violations may be cause for termination of the contract. Provide adequate on-site security of your facilities, equipment, and software where patient information is stored, utilized, or accessed, to ensure protection from hazard, theft, and unauthorized access. The Contracting Officer and/or Contracting Officer Representative (COR) will provide a termination date for all non-VA employee(s) requests. The Information Security Officer is responsible for overseeing the enforcement of security requirements for the Memphis VA Medical Center. VA Handbook 6500.6 can be accessed at the following URL: The Certification and Accreditation (C& A) requirements do not apply, and a Security Accreditation Package is not required.The requirements apply to:All VA or contracted services and information resources located and operated at contract facilities, at other government agencies that support VA mission requirements, or any other third party using VA sensitive information in order to perform a VA authorized activity.All contracts in which VA sensitive information is used, stored, generated, transmitted, or exchanged by VA, a contractor, subcontractor or a third party, or on behalf of any of these entities, regardless of format (e.g., paper, microfiche, electronic or magnetic portable media) or whether it resides on a VA owned system or contractor/subcontractor’s system operating for or on behalf of VA,(1)Contractor(s) shall ensure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPAA Privacy Regulation. In accordance with Department of Veterans Affairs VA Tennessee Valley Healthcare System Memorandum 626-07-136-28 dated August 21, 2007, amended October 4, 2007, in addition to Public Law 104-191, any person, who knowingly or willingly discloses confidential information from the VA Medical Center, may be subject to fines of up to $50,000.00 and may be subjected to civil litigation from the patient. (2) The investigative history for Contractor(s) personnel working under this contract must be maintained in the databases of either with the Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the Contractor(s) use another vendor other than OPM or Defense Security Service (DSS) to conduct the investigation, the investigative company must be certified by OPM/DSS to conduct Contractor(s) investigations.(3) All costs associated with obtaining clearances for Contractor(s) provided personnel will be the responsibility of the Contractor(s). Further, the Contractor(s) will be responsible for the actions of those individuals they provide to perform work for the VA under this contract. In the event that damages arise from work performed by Contractor(s) provided personnel, under the auspices of this contract, the Contractor(s) will be responsible for all resources necessary to remedy the incident.(4) Records: Contractor(s) personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. §4132 or §3305, as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the Contractor(s) not involved in the performance of the particular contractual duty for which access was obtained. Violation of these statutory provisions, as stated in department regulations by the Contractor(s)’s employees may involve imposition of criminal penalties.(5) System of Records: The Veterans Administration system(s) of records to which the Contractor(s) personnel will have access in order to maintain is “Patient Medical Records – VA (24VA136).(6) System Security: The Contractor(s) shall provide VHA with the full assurance that security measures have been implemented which are consistent with OMB Circular A-130 and VA Departmental Standards. May be accessed at the following URL: (7) Procedures for User Access: Access requirements to VA information systems by Contractor(s) and Contractor(s) personnel shall meet or exceed those requirements established for VHA employees as described in VHA Directives (and others) and in any subsequent VHA policy statements. Requirements for access before contractor employees can be authorized to access any VA computer system are as follows:a. All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance.? This requirement is applicable to all subcontractor personnel requiring the same access. (8) All employees, contractors, volunteers, students, and others are responsible for protecting the information equipment located within their work areas and any equipment used when working remotely.(9) All employees, contractors, volunteers, students, and others are required to implement physical safeguards for all equipment that accesses VA sensitive information. Equipment must be housed and protected to reduce the risks from environmental threats and hazards, and the opportunities for unauthorized access, use, or removal.(10) Information and system backups that include VA sensitive information have the same confidentiality category as the originals. Therefore, these materials must be protected with the same or equally effective physical security as that provided to the source computer, its media, and information contained therein.(11) Employees, contractors, volunteers, students, and others will log-off of information systems when leaving work areas and/or invoke a password protected screen saver.(12) Employees, contractors, volunteers, students, and others will protect information contained on printouts and other media by keeping VA sensitive information in locked files or cabinets when not in use, and dispose of VA sensitive information through shredding or other approved disposal methods.(13) To the extent possible, computer monitors will be positioned to eliminate viewing by unauthorized personnel. When computer monitors cannot be positioned to eliminate viewing by unauthorized personnel, the deployment of a privacy screen, which allows viewing only from straight on, will be used.(14) Users will not use function keys or scripts to store passwords or other VA sensitive information.(15) E-mail (if utilized for submission of reports): The transmission of e-mail messages containing sensitive information of PHI via Outlook must be done in a secure manner, i.e., encryption. PKI is the only approved method of encryption for the VA. A PKI certificate can be obtained by contacting the VA Information Security Officers.(16) Site Inspection Requirement: In accordance with VA security and privacy regulations, when electronic access is required to VA protected data or when the contractor will have physical access to VA protected data on VA property, a physical inspection of contractor's place of business that is designated to hold VA protected data for services provided off site from VA property will be conducted. The inspection will be conducted by a team made up of the CO, ISO, COR, and PO, at a minimum, from the requesting facility or VISN office. The team will be required to inspect the contractor's place of business after negotiations have concluded, but prior to the award. The contractor must meet specified VA standards; otherwise their proposal will be determined non-responsive. Any changes made after the award to the approved, secure environment shall be submitted, in writing, in advance to the CO and must be approved by the ISO, COR, and PO prior to receiving notice to proceed by the CO. Contractor must make this area available to the VA for periodic inspections throughout the entire contract period. 17. SECURING SENSITIVE DOCUMENTS: Forms and other types of printed output produced by any computer system will be evaluated by the responsible staff member for data sensitivity. Printed output containing sensitive data should be labeled as such, stored in locked cabinets or desks, and disposed of properly by shredding or placement in specially marked containers. All employees are responsible for retrieving all printed outputs they request from printers or facsimile machines. Data files, documentation, and other back-up materials will be stored in areas controlled by locks or personnel to prevent unauthorized access. Although all patient files are electronic, the contractor will receive various reports that require scanning. After scanning of the documents, the following procedure shall be utilized at all times to ensure proper disposal of all patient data:(a) To ensure strict compliance with the VHA shredding and records disposal directive, the contractor shall provide shredders/lockboxes at the site. If shredding is the final process utilized the contractor must meet National Institute for Standards and Technology (NIST) standards for shredded material cut size.? However, if shredding is not the final destruction method but it is only an interim step in the destruction process, then shredding by NIST standards is not required. However, the contractor must protect the shredded material until it is no longer readable or reconstructable, which means it must be pulverized, bleached, pulped or other means that fully destroys it and makes it unreadable.? If the contractor has a recycling vendor who performs any part of this process, the process of protecting this shredded material must be clearly specified – i.e. the material that is not shredded to NIST standards and is awaiting final recycle.? Also, specifying the means of recycling such as pulverizing, bleaching or pulping must all be clearly stated in any subcontract that the contractor may have for this service. The contract shall state how such shredded materials (which are not in its final stage) will be protected until such time that the final recycle process is completed.? This information should be provided with the contractor's proposal. The contractor shall protect and recycle in a manner that fully destroys the material. (b) When a determination is made to dispose of any paper record containing PII or sensitive information, National Archives and Records Administration (NARA) rules and the National Institute of Standards and Technology (NIST) 800-88 Guidelines for Media Sanitization will be followed. NARA’s rules are not shredder specific, but the rules are nevertheless applicable, in particular where paper records are to be disposed. NIST 800-88 guidelines are shredder specific. (). (c) If shredding is chosen as the method of destruction, the following parameters will be applicable. The chosen shredder device must have a crosscutting capability which produces particles that are 1 X 5 millimeters in size or that will pulverize/disintegrate paper material using disintegrator devices with a 3/32 inch security screen.Contractors may obtain current VA policy on shredders and destruction of temporary paper records at the following URL: “Destruction of Temporary Paper Records”, VA Directive 6371 . This directive establishes VA policy to ensure that Personally Identifiable Information (PII) and other sensitive agency information contained in paper records is disposed of properly.? Shredders that are compliant with this directive are specified in the National Security Agency (NSA) Central Security Service (CSS) Evaluated Products List EPL-02-01-V .?? All Administrations and Staff Offices should begin the process of eliminating non-compliant shredders and replacing them with shredders that are compliant with this directive.? 18. CONFIDENTIALITY OF PATIENT RECORDS:The contractor understands and agrees that the information in the medical records of all patients is confidential. Strict confidentiality is to be maintained. Rules of Confidentiality expected to be conformed with are delineated in 38 U.S.C. 3301, 38 U.S.C. 4132, 5 U.S.C. 552 (1) et. Seq. The contractor and its personnel shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information from the authorizing VA Medical Center, may be subject to fines.If, in the performance of official duties, the contractor's personnel have regular access to printed files containing sensitive information, which must be protected under the provisions of the Privacy Act of 1974, and other applicable laws and regulations, the employee is responsible for protecting that information from unauthorized release or from loss, alteration or unauthorized deletion. Contractors and their employees shall be required to adhere to the VA Privacy policy/HIPPA, cyber security awareness, compliance and business integrity, emergency preparedness management, fire and life safety, green environmental management systems – GEMS, infection control, managing hazardous materials, medical center security and no-fear.? Additional requirements may be added as deemed necessary by the contracting officera. VA will provide the contractor(s) with access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive care. Contractor(s) shall ensure the confidentiality of all patient information and shall be held liable in the event of the breach of confidentiality. All HIPPA regulatory guidelines pertaining to medical records and care will be followed. b. Any contract resulting from this solicitation will be subject to the Privacy Act of 1974. Federal Acquisition Regulations 52.224-1 Privacy Act Notification and 52.224-2 Privacy Act are provided in full text in the Addendum to FAR clause 52.212-4. In response to the enrolled patient's release of information request, the contractor will supply a blank VA form 3288, which can be obtained the following URL: to the enrolled patient. Upon completion of the form, the records are released to the patient or his designee within ten (10) WORKING DAYS. Release of Information consent is not required to transfer medical information between the contractor and the VA TVHS (Tennessee Valley Healthcare System).Contractor will store, transport or transmit VA sensitive information in an encrypted form, using a VA-approved encryption application that meets the requirements of NIST’s FIPS 140-2 standard. The contractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA directives are available on the VA directives Web site at All contractors and subcontractors working with VA Sensitive Information are subject to the same investigative requirements as those of regular VA appointees or employees who have access to the same types of information. The level of background security investigation will be in accordance with VA Directive 0710, Handbook 0710, which are available at: and VHA Directive 0710 and implementing Handbook 0710.01 which are available at: are responsible for screening their employees. Contract personnel with limited and intermittent access to equipment connected to facility networks on which limited VA sensitive information may reside, including medical equipment contractors who install, maintain, and repair networked medical equipment such as CT scanners, EKG systems, ICU monitoring, etc. In this case, Veterans Health Administration facilities must have a duly executed VA business associate agreement (BAA) in place with the vendor in accordance with VHA Handbook 1600.01, Business Associates, to assure compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in addition to the contract. Contract personnel, if on site, should be escorted by VA IT staff.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 safeguards the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. Defense Security Service (DSS) administers the NISP on behalf of the Department of Defense and 23 other federal agencies within the Executive Branch. VA will verify clearance through DSS.Contractor(s) shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPPA and any other applicable law,The Contractor is a VA Contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Contractor is considered as being part of the Department health care activity. Contractor is considered to be a VA Contractor for purposes of the Privacy Act, Title 5 U.S.C. 552a. Further, for the purpose of VA records access and patient confidentiality, Contractor is considered to be a VA Contractor for the following provisions: Title 38 U.S.C. 5701, 5705, and 7362. Therefore, Contractor may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and not withstanding any other provisions of the contract, the Contractor is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.The records referred to above shall be and remain the property of VA and shall not be removed or transferred from VA except in accordance with U.S.C.551a (Privacy Act), 38 U.S.C. 5701 (Confidentiality of claimants records), 5 U.S.C. 552 (FOIA), 38 U.S.C. 5705 (Confidentiality of Medical Quality Assurance Records) 38 U.S.C. 7332 (Confidentiality of certain medical records) and federal laws, rules and regulations. Subject to applicable federal confidentiality or privacy laws, the Contractor, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Contractor, may have access to VA ‘s records, at VA’s place of business on request during normal business hours, to inspect and review and make copies of such records.19. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA):HIPAA AND OTHER REGULATORY COMPLIANCE: Contractor must adhere to the provisions 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). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security, use, and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA. In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate standard. VA Central Office (VACO) has recognized Enhanced Health Care Resources as an entity that does not require a BAA with their contractors as long as they are conducting health care on VA’s behalf. Therefore, no BAA is required.Contractor will provide health care to patients seeking such are from or though VA. As such, the Contractor is considered Part of the Department health activity for purposes of the following statutes and the VA regulations implementing these statutes: The Privacy Act, 5 U.S.C. 552A AND 38 U.S.C. sections 5701, 7705, and 7332. Contractor and its employees may have access to the VA patient medical records to the extent necessary for the contractor to perform the contract, notwithstanding patient treatment records only pursuant to explicit disclosure authority from VA. Contractor and its employees are subject to the penalties and liabilities provided in the statutes and regulations mentioned in the paragraph for unauthorized disclosures of such records and their contents. Records created by the contractor in the course of treating VA patients under this agreement, are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable Federal Law and Regulations. Upon the expiration of this contract or termination of the contract, the contract will promptly provide the VA with the individually identified VA patient treatment records. VA has unrestricted access to the records generated by the contractor pursuant to this contract.20. MANDATORY CONTRACTOR 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 networks:Contractor employees must complete the "VA Privacy and Information Security Awareness Training, Rules of Behavior," and “VHA Privacy Policy Web Training.”? This training is a web based course which may be accessed on the Talent Management System (TMS) . A copy of the training certificate must be forwarded to the Surgical Service COR who will in turn forward to VA Information Security Officers and Privacy Officer.? This is an annual mandatory requirement for all employees.Contractor employees must complete any additional training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]The contractor shall provide to the contracting officer a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. These online courses are located at the following web site: COR will send an annual reminder to the contractor to complete all annual mandatory training.Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed. 1. Protected Peer Review 2. Ethics Most Wanted 3. Fire and Life Safety (110) 4. Green Environmental 5. Management Systems (102) 6. Managing Hazardous Materials (109) 7. Infection Control (129) 8. Recognition and Care of. Victims of Abuse, Neglect and Assault (154) 9. Safety (140) 10. Treatment of Federal Prisoners (138) 11. United States Constitution (143) 12. Adverse Effects of Blood Transfusion (136) 13. Airway Management and Intubations (145) 14. End of Life Care (139) 15. Moderate Sedation (131) 16. Proficiency in Articular Crystals (134) 17. Proficiency in Occult Blood (133) 18. Proficiency in Wet Preps (135)The non-VA employee may self-register on this site to access these courses. You will need to register and create your own Username and Password to this site. When you have completed your course on this alternate site, you will need to print certificates of completion and provide a copy to your VA point of contact as proof of completion. Additional requirements may be added.21. BACKGROUND INVESTIGATIONS: All Contractor employees who require access to the Department of Veterans Affairs’ computer system shall complete a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. Contractor(s), personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information systems belonging to or being used on behalf of the Department of Veterans Affairs. This requirement is applicable to all subcontractor personnel requiring the same access. The level of access and the individual’s capability to perform work under this contract will be the determining factor in deciding if a higher investigative requirement is needed. To satisfy the requirements of the Department of Veterans Affairs, a Low Risk background investigation is required. The investigation shall be conducted prior to performing work under this contract. The Contractor(s) shall ensure that these requirements are fully satisfied within 30 days of initiation of such investigations. If the investigation is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for the VA. (1) Position Sensitivity – The position sensitivity has been designated as Low Risk/Low Sensitivity.(2) Background Investigation - The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries (NACI).Cost of each Background Investigation is $300.00b. Contractor Responsibilities (1) The Contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the Contractor shall reimburse VA within 30 days from receipt of a Bill of Collection. Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. A Cage Code number must be provided to the Office of Security and Law enforcement, which will verify the information and advise the Contracting Officer whether access to the computer systems can be authorized. (2) The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.(3) After award and prior to contract performance, Contractor shall submit to the Contracting Officer:Complete list of names of Contractor personnel (First, Middle and Last Name)Social Security Number of Contractor personnelE-mail address of each employeeDate of Birth of each employeeCity, State and country of birth for each employeeOccupation for each employeeContractor’s mailing address A contact person for the contractor (name, address, phone number, e-mail Address)(4) Contractor shall notify the Contracting Officer prior to changing/adding new contract personnel by submitting the above information. (5) The Contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within thirty (30) days of receipt:Standard Form 85P, Questionnaire for Public Trust PositionsStandard Form 85P-S, Supplemental Questionnaire for Selected PositionsFD 258, U. S. Department of Justice Fingerprint Applicant ChartVA Form 0710, Authority for Release of Information FormOptional Form 306, Declaration for Federal EmploymentOptional Form 612, Optional Application for Federal Employment(6) The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.(7) Failure to comply with the Contractor personnel security requirements may result in termination of the contract for cause.c. Government Responsibilities:(1) The VA Office of Security and Law Enforcement will provide the necessary forms to the Contractor or to the Contractor’s employees after receiving a list of names and addresses.(2) Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.(3) The Contracting Officer will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.22. LIABILITY: In the event of litigation/investigation of a claim of liability or malpractice, the Contractor and/or the Contractor's personnel shall cooperate fully with Government authorities and designated officials in the investigation of the claim or preparation for litigation.23. RESTRICTIONS ON TRANSMISSION, TRANSPORTATION AND USE OF, AND ACCESS TO, VA DATA OUTSIDE VA FACILITIESVA information may not reside on non-VA systems or devices unless specifically designated and approved in advance by the appropriate VA official (supervisor), and only where the non-VA systems or devices conform to, or exceed, applicable VA security policies or are specifically authorized by VA guidance.VA Protected Information (VAPI) must not be transmitted by remote access unless VA-approved protection mechanisms are used. All encryption modules used to protect VA data must be validated by NIST to meet the currently applicable version of Federal Information Processing Standards (FIPS) 140-2 (See for a complete list of validated cryptographic modules). Only approved encryption solutions using validated modules may be used when protecting data during transmission. Passwords or other authentication information must not be stored on remote systems unless encrypted. VA-PKI certificates must be stored in encrypted form only and must be accessible only by using a personal identification number (PIN) or password.Data Stored – Encryption. Additional security controls are required to guard VAPI stored on computers outside VA facilities. All VAPI stored on the computer, file or electronic storage media must be encrypted using VA-approved protection mechanisms (see bullet two, above).Equipment must be housed and protected to reduce the risks from environmental threats and hazards, and the opportunities for unauthorized access, use, or removal.Portable computers that have VAPI on their storage device(s) or have software that provides access to VA private networks must be secured under lock and key when not in immediate vicinity of responsible individual. This includes external hard drives and other storage devices.Data and system backups that include VA information have the same confidentiality classification as the originals. Therefore, these materials must be protected with the same or equally effective physical security as that provided to the source computer, its media, and information contained therein24. SPECIAL CONTRACT REQUIREMENTS: Under the authority of Public Law 104-262 and 38 USC 8153, the offeror agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Department of Veterans Affairs Medical Center, Memphis, TN. the services and prices specified in the Section entitled Schedule of Services of this contract. 1. SERVICES: a. The services specified in the Sections entitled Schedule of Services and Special Contract Requirements may be changed by written modification to this contract. b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming. c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility. 2. TERM OF CONTRACT:The performance period is to be effective for one (1) year from the date of award, with the Government having the option to extend the contract for one (1) additional one-year renewal period. No services shall be performed after September 30th of any year until the Contracting Officer (CO) authorized such services in writing. The period of performance will begin with the issuance of the Notice of Award. The effective date of this contract shall be dependent upon the contractor physician(s) being credentialed and privileged, registered in VetPro, completion of background investigation, mandatory annual training, and any other requirement which may be identified throughout this performance work statement. 3. QUALIFICATIONS: Personnel assigned by the Offeror to perform the services covered by this contract shall have a full and unrestricted license in a State, Territory, or Commonwealth of the United States or the District of Columbia; shall be graduates from accredited medical colleges; be board certified or board eligible; have appointment that is commensurate with their assigned responsibilities and duties and demonstrate potential in doing research and/or teaching and/or service (i.e. roles on committees related to patient care or teaching); shall have a minimum of 1-2 years experience in doing research and /or teaching and/or service . The contractor must have demonstrated excellence in providing patient care and relating to colleagues and hospital staff. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and must undergo credentialing and privileges in accordance with the VA Credentialing and Privileges Committee and approved by the VA Medical Center Director. All credentialing and privileging shall be done in accordance with VA Directive 1663 and in accordance with the provisions of VHA Handbook 1100.9. Personnel assigned by the Contractor to perform the services covered by this contract shall be proficient in written and spoken English (38 U.S.C. 7402).Contractor’s assigned personnel must be computer literate as patient documentation is directly input in the patient’s electronic medical record. 4. WORK HOURS: Contractor’s employee must be present at the VA facility and must be actually performing the required services for the period specified within the contract or the contract cost will be decreased accordingly, during each billing cycle. Timelines standards for clinic appointments must be met,( e.g. if they are on holiday, "make up clinics" are required) The contractor is responsible for planning and coverage during periods of leave. The payment for any leave, to include sick leave, annual leave, administrative leave, and holidays are to be the responsibility of the Contractor. If the Contractor is unable to schedule a physician at any time, it must be brought to the attention of the COR immediately.The following terms have the following meanings: Work Hours: Scheduled Office Hours are Monday through Friday, between 8:00am- 4:30pm Operating Room: Monday through Friday. Attending Duties: Hours are flexible depending on the needs of the patients. After hours - 4:30 p.m. to 8:00 a.m., Monday through Friday Weekends – 4:30 p.m. Friday through 8:00 a.m. Monday(4) NATIONAL HOLIDAYS: Scheduled clinic appointments will not be available at VA during these holidays. The ten (10) holidays observed by the federal government are: New Year’s Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas ANDany other day specifically declared by the President of the United States to be a national holiday. (3) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m. 5. PERSONNEL POLICY: The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:Worker's CompensationProfessional Liability InsuranceHealth Examinations including: Annual TB Skin Test and recent (within the last year) chest x-ray if there is a history of positive TB skin test; b. Evidence of Hepatitis B immunity (hepatitis immune titer, if provider has had the series of shots; if no immunity, evidence that provider has started the Hepatitis B vaccination series); c. Evidence of a Hepatitis C titer; d. Varicella titer if provider has not had chicken pox.Income Tax Withholding, andSocial Security Payments 6. CONTRACT PERFORMANCE MONITORING/ RECORD KEEPING: The Administrative Officer to the Chief, Surgery Service, along with the Contracting Officer Representative (COR) is assigned the responsibility of monitoring this contract to assure the VA is paying only for hours worked.Timesheets (sign in/sign out) will be prepared for Contractor’s employee(s) and are to be completed at the end of each workday. These timesheets are located in the physicians lounge located in the OR and will be used to verify that services required under this contract have been received by the VA Medical Center. These records will be compared to the Contractor’s monthly invoice for accuracy by identifying the physician by name and the number of hours worked. Invoices will be certified for payment only after records have been verified. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.7.TORT CLAIMS: The Federal Tort Claims Act does not cover the contractor(s) employees. When a contractor(s) employee has been identified as a provider in a tort claim, the contractor(s) employee is responsible for notifying the contractor’s legal counsel and/or insurance carrier. Any settlement or judgment arising from a contractor(s) employee’s action or non-action is the responsibility of the contractor(s) and/or insurance carrier.8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:a. The Contractor shall submit with the proposal a complete list of all physicians and the Curriculum Vitae for each key personnel that will be assigned to this contract. This shall include a sufficient number of physicians, so that there is coverage at all times. Provide the name of each physician and the proposed number of hours worked weekly by each physician identified to work under this contract. This information may be provided in a table format as shown below:PHYSICIAN NAMEAVERAGE WEEKLY HOURSPERCENT OF EFFORT AT THE VAPERCENT OF EFFORT OUTSIDE OF THE VADR. JONES (sample)1050 PERCENT50 PERCENTDuring the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing immediately after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer for approval by the VA at least 15 days prior to making any permanent substitutions. No substitutions will be made at any time without prior approval of the COR and/or Contracting Officer. All contractor personnel must have had the appropriate background investigation before access to patient information will be permitted.b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure stated in paragraph (b) above.d. Prior to rendering services, substitutes must obtain medical staff appointment and clinical privileges, in accordance with VA Bylaws, Rules and Regulations.e. Contractor shall assign the same plastic surgeon or alternate plastic surgeon from a select group that has the Contracting Officer’s Representative’s official approval.f. At the time of contract award, the Contractor shall provide a complete list of the National Provider ID (NPI) numbers for all physicians identified as Key Personnel and are to be assigned to this contract. This ten (10) digit number may be located at the following website: . Standard Personnel Testing/Infection Control:Contractor shall provide proof of the following tests for their staff within five (5) calendar days after contract award and prior to the first duty shift to the COR and Contracting Officer.? Tests shall be current within the past year.? TB skin testing must be completed on all Contractors employees who will have contact with VA patients.? Any new employees hired after the implementation of this contract who have contact with VA patients shall be required to have a TB skin test.? The contracting agency is responsible for providing the VA Medical Center with a policy on TB exposure control.? TB testing of employees must be conducted annually and a copy of the proper paperwork must be submitted with your TB control policy.TUBERCULOSIS TESTING:? Contractor shall provide proof of a negative reaction to PPD testing for all Contractor staff.? A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results.? The PPD test shall be repeated annually.RUBELLA TESTING:? Contractor shall provide proof of immunization for all Contractor staff for measles, mumps, rubella or a rubella titer of 1.8 or greater.? If the titer is less than 1.8, a rubella immunization shall be administered with follow-up documentation to the COR.OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO BLOODBORNE PATHOGENS:? Contractors shall provide generic self-study training for all Contractor staff; provide their own Hepatitis B vaccination series at no cost to the VA if they elect to receive it; maintain an exposure determination and control plan; maintain required records; and ensure that proper follow-up evaluation is provided following an exposure incident.The VAMC shall notify the Contractor of any significant communicable disease exposures as appropriate.? Contractors shall adhere to current CDC/HICPAC Guideline for Infection Control in health care personnel ( as published in American Journal for Infection Control- AJIC 1998; 26:289-354 ) for disease control.? Contractors shall provide follow up documentation of clearance to return to the workplace prior to their return.10. MINIMUM ORIENTATION REQUIREMENTS:As applicable to the individual’s role, shall include the following: Mission/Vision/Values, all applicable VA MEDICAL CENTER MEMPHIS policies and procedures, Patient Rights, suspected Patient Abuse reporting, Patient Compliment and Complaint process, Safety, Infection Control, Equipment Safety, Fire Safety, Confidentiality, Emergency Preparedness, Incident and Emergency reporting, Clinical Practice Guideline, electronic medical record training, Peer Review process, TORT claims, Information Security, Privacy and Prevention of Disturbed Behavior.25. COMMUNICATIONS AND TRANSMISSIONS SECURITY (HIPAA 164.312e; FEDERAL INFORMATION SECURITY MANAGEMENT ACT (FISMA) 8.2): a. Facsimile (Fax) Machines: Individuals who FAX sensitive or confidential information must ensure the FAX is sent to the appropriate individual and they are aware the information is to be protected from unauthorized use. (1.) Fax transmissions will contain a cover sheet with the following statement: "This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above." HIPAA regulations apply to all faxes transmitted to or from electronic devices. (2.) Contractor staff shall ensure the correct recipient’s fax number is entered prior to transmittal. Delivery must be confirmed by telephoning the recipient, E-mail confirmation of FAX receipt, or review of fax transmittal confirmation sheet. (3.) Fax machines should be placed in areas secured by physical access controls that require security keys, badges, or similar mechanisms in order to gain access. (4.). Fax machines should have pre-programmed and tested destination numbers entered to minimize the potential for human error. E-mail: The transmission of e-mail messages containing sensitive information or ePHI via Outlook must be done in a secure manner, i.e., encryption.SECTION C - CONTRACT CLAUSESC.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: or FAR NumberTitleDate52.203-3GRATUITIESAPR 198452.203-16PREVENTING PERSONAL CONFLICTS OF INTERESTDEC 201152.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-7CENTRAL CONTRACTOR REGISTRATIONDEC 201252.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 201152.204-10REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDSAUG 201252.212-4CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMSFEB 201252.223-17AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTSMAY 200852.224-1PRIVACY ACT NOTIFICATIONAPR 198452.224-2PRIVACY ACTAPR 198452.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-- REPRESENTATION AND CERTIFICATIONSDEC 201252.228-5INSURANCE--WORK ON A GOVERNMENT INSTALLATIONJAN 199752.232-18AVAILABILITY OF FUNDSAPR 198452.232-3352.232-99PAYMENT BY ELECTRONIC FUNDS--CENTRAL CONTRACTOR REGISTRATIONPROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) OCT 200352.233-4APPLICABLE LAW FOR BREACH OF CONTRACT CLAIMOCT 200452.237-3CONTINUITY OF SERVICESJAN 199152.246-25LIMITATION OF LIABILITY--SERVICESFEB 1997852.203-70COMMERCIAL ADVERTISINGJAN 2008852.237-7INDEMNIFICATION AND MEDICAL LIABILITY INSURANCEJAN 2008C.2 FAR 52.204-99 System for Award Management Registration (August 2012) (DEVIATION) (a) Definitions. As used in this clause—"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government."Commercial and Government Entity (CAGE) code" means — A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; orA code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code.""Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern."Registered in the SAM database" means that—The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;The Contractor's CAGE code is in the SAM database; andThe Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record."Active". The Contractor will be required to provide consent for TINvalidation to the Government as a part of the SAM registration process."System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—Data collected from prospective federal awardees required for the conduct of business with the Government;Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; andThe list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non-procurement common rule by agencies, Government corporations, or by the Government Accountability Office.(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.(3)If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.(1)A contractor may obtain a DUNS numberVia the internet at or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; orIf located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.(2) The Contractor should be prepared to provide the following information:Company legal business name.Tradestyle, doing business, or other name by which your entity is commonly pany physical street address, city, state and Zip pany mailing address, city, state and Zip Code (if separate from physical).Company telephone number.Date the company was started.Number of employees at your location.Chief executive officer/key manager.Line of business (industry).Company Headquarters name and address (reporting relationship within your entity).(d) Reserved.(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to—Change the name in the SAM database;Comply with the requirements of subpart 42.12 of the FAR; andAgree in writing to the timeline and procedures specified by the responsible Contracting Officer.(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through or by calling 866-606-8220, or 334-2067828 for international calls.(End of Clause) C.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (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 Central Contractor Registration database via (see 52.204-7).(End of Provision) C.4 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (). (ii) Quick Search (). (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database through or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision) ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS 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:OFFEROR SHALL COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, PARAGRAPH b, PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.Offeror shall submit one separate technical and price proposal in writing via email to Angela Bailey at angela.bailey5@ by May 31, 2013, 2:00pm CST.All questions are due in writing via email to Angela Bailey at angela.bailey5@ no later than May 17, 2013, 2:00 CST. No phone calls will be accepted.Offeror shall provide the Past Performance point of contact (Section D) form regarding three (3) Business References who have first-hand knowledge of performance relative to the same type of services, dates of contract performance and total contract amount. Offeror shall complete electronic annual representations and certifications at in conjunction with required registration in the Central Contractor Registration database.Offeror shall provide a list of all proposed key personnel with copies of any/all licenses, permits, certificates, curriculum vitae, board certifications, evidence of malpractice insurance coverage and medical education training.Offeror shall provide certification that proposed key personnel have been compared to OIG list.Offeror shall provide certification regarding the citizenship requirement.Offeror shall provide a plan for shredding and records disposal.(End of Addendum to 52.212-1)C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (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. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (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.) [] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). [X] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313). [] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). [X] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (11) [Reserved] [] (12)(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). [] (13)(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] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)). [] (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)). [] (24) 52.219–29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)). [] (25) 52.219–30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)). [X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). [X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (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 (MAR 2012) of 52.225-3. [] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [X] (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (42) 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). [] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [] (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (51)(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: [] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [X] (9) 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JUL 2012) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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)C.6 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 contract award through the end of the performance period .(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.C.7 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 the end of the performance period.C.8 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 15 days. (End of Clause) C.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989) (a) The Government may extend the term of this contract by written notice to the Contractor by the first day of each fiscal year of the Government or within 60 days after funds for that fiscal year become available, whichever date is later; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 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 provision. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years. . (End of Clause)C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.11 VAAR 852.216-70 ESTIMATED QUANTITIES (APR 1984)As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted wholly or in part will be required to deliver all articles or services that may be ordered during the contract term, except as he/she otherwise indicates in his/her bid and except as otherwise provided herein. Bids will be considered if made with the provision that the total quantities delivered shall not exceed a certain specified quantity. Bids offering less than 75 percent of the estimated requirement or which provide that the Government shall guarantee any definite quantity, will not be considered. The fact that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his/her obligation. Also, the Department of Veterans Affairs shall not be relieved of its obligation to order from the contractor all articles or services that may, in the judgment of the ordering officer, be needed except that in the public exigency procurement may be made without regard to this contract.C.12 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 . 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.SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSATTACHMENT 1: PAST PERFORMANCE REFERENCE FORMATTACHMENT 1: PAST PERFORMANCE REFERENCES Reference Number 1:Contract/Task Order TitlePOC Name:Title:Agency, Address:Phone Number:E-Mail Address:Contract Title:Contract No:Contract POP:Contract Value:Relevant work description:Reference Number 2:Contract/Task Order TitlePOC Name:Title:Agency, Address:Phone Number:E-Mail Address:Contract Title:Contract No:Contract POP:Contract Value:Relevant work description:Reference Number 3:Contract/Task Order TitlePOC Name:Title:Agency, Address:Phone Number:E-Mail Address:Contract Title:Contract No:Contract POP:Contract Value:Relevant work description:SECTION E - SOLICITATION PROVISIONSE.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 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. "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. "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. "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 Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website access through . After reviewing the ORCA 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, for general statistical purposes, 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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either-- (A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.] (11) 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)(11)(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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--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 Act--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 Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--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 Act-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 Act--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 Act--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 Act--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 Act--Free Trade Agreements--Israeli Trade Act": Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American Act--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 Act--Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American Act--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 Act--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, 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 Act. 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 $3,000 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 Act. (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.) [ ] (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 Act 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 a central contractor registration 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) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It 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 $3,000 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.(End of Provision)E.2 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.(End of Provision)E.3 VAAR 852.219-9 VA SMALL BUSINESS SUBCONTRACTING PLAN MINIMUM REQUIREMENTS (DEC 2009) (a) This clause does not apply to small business concerns. (b) If the offeror is required to submit an individual subcontracting plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small business concerns shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total dollars planned to be subcontracted. (c) For a commercial plan, the minimum goals for award of subcontracts to service-disabled veteran-owned small business concerns and veteran-owned small businesses shall be at least commensurate with the Department's annual service-disabled veteran-owned small business and veteran-owned small business prime contracting goals for the total value of projected subcontracts to support the sales for the commercial plan. (d) To be credited toward goal achievements, businesses must be verified as eligible in the Vendor Information Pages database. The contractor shall annually submit a listing of service-disabled veteran-owned small businesses and veteran-owned small businesses for which credit toward goal achievement is to be applied for the review of personnel in the Office of Small and Disadvantaged Business Utilization. (e) The contractor may appeal any businesses determined not eligible for crediting toward goal achievements by following the procedures contained in 819.407.(End of Clause)E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) (a)Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Hand-Carried Address: Department of Veterans Affairs VISN 9 ASC (90C) 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 Mailing Address: Department of Veterans Affairs VISN 9 ASC (90C) 1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129 (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.5 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) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420E.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 Provision)E.8 VAAR 852.273-70 LATE OFFERS (JAN 2003) This provision replaces paragraph (f) of FAR provision 52.212-1. Offers or modifications of offers received after the time set forth in a request for quotations or request for proposals may be considered, at the discretion of the contracting officer, if determined to be in the best interest of the Government. Late bids submitted in response to an invitation for bid (IFB) will not be considered.(End of Provision)E.9 VAAR 852.273-73 EVALUATION - HEALTH-CARE RESOURCES (JAN 2003)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following information or factors shall be used to evaluate offers:1. TECHNICALQualifications:Offered plastic surgeon(s) must submit documentation for all of the following and will be evaluated on a meet or failed to meet basis.Curriculum VitaeUnrestricted License (from any state or the District of Columbia)Evidence of Medical Education and TrainingEvidence of Malpractice Insurance coverageBoard Certified by the American Board of Plastic and Reconstructive SurgeryExperience:Teaching Experience:Offered physician(s) must demonstrate potential in doing research and/or teaching and/or service (i.e. roles on committees related to patient care or teaching). The contractor must have demonstrated excellence in providing patient care and relating to colleagues and hospital staff by submitting references that can be checked and verified. This will be evaluated by number of years experience.General Experience :Experience in conducting inpatient rounds, admitting and discharging patients, use of computer to enter patient progress notes and other applicable information, providing both inpatient/ outpatient care in a hospital setting and in preparing call schedules for coverage of plastic surgery emergencies. Contractor shall provide references for the offered plastic surgeons(s) that can be checked to verify this experience. This will be evaluated on a meet or failed to meet basis.Ability to perform all required surgeries: Offered plastic surgeon(s) must be able to perform all plastic surgeries required by the VAMC. Please list any surgeries that offered plastic surgeon(s) cannot perform or have not had experience performing. This will be evaluated on a meet or failed to meet basis.Ability to provide coverage: Contractor shall be able to provide clinic coverage twelve hours per week and staff the OR eight hours per week for specialized procedures.? Contractor will be required to provide off tour (nights, weekends, holidays) call for rare emergencies.? These are not expected to exceed 10 emergency cases per year.? Contractor shall submit a comprehensive plan that describes your ability to provide this type of coverage, how you will provide coverage after normal workday hours and on weekends and if a plastic surgeon is sick or on leave, taking into account that all physicians must be credentialed and privileged prior to working at the VAMC.? This will be evaluated by reviewing the strengths and weaknesses of the plan.Ability to speak and understand English: Contractor must certify that all offered plastic surgeons possess this ability. This will be evaluated on a meet or failed to meet basis.2. PAST PERFORMANCEContractor shall provide relevant experience within past three (3) years to include name and telephone number of at least three (3) contacts that will verify experience (see Section D for references form). This will be evaluated on a meet or failed to meet basis.3. COSTThe Costs/Prices provided in the Schedule of Services shall be an all-inclusive hourly rate for Plastic Surgery Physician Services.Non Cost factors when combined with past performance shall be significantly more important than price.The Government intends to make an award based on the best value to the Government. (b) Except when it is determined not to be in the Government's best interest, 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 materially unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(End of Provision)E.10 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003) The Government intends to evaluate proposals and award a contract without exchanges with offerors. Therefore, each initial offer should contain the offeror's best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct exchanges if later determined by the contracting officer to be necessary.(End of Provision) ................
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