Effective Date: 03/15/2023 Revision: 01 Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-6. This solicitation is set-aside for: Small Business The associated North American Industrial Classification System (NAICS) code for this procurement is 541690, with a small business size standard of $19 Million. The FSC/PSC is H958. The Veterans Health Administration, Regional Procurement Office East, Network Contracting Office 1 is seeking to purchase Health Physics Service Contract, Base plus 4 Option Years - VA Providence health care. In accordance with the Statement of Work, the required services include but are not limited to the following: Line Item Description Quantity Unit of Measure Unit Price Total Price 0001 Radiation Safety Officer for the limited scope medical permit to use unsealed radioactivity. This permit could also be for broad scope research use in the future. Health Physics consultation for the radiation safety program of Nuclear Medicine and Research. Diagnostic medical physics services including x-ray, nuclear medicine, MRI, Laser Safety, and ultrasound performance evaluations. 1 JB 1001 Option Year 1 1 JB 2001 Option Year 2 1 JB 3001 Option Year 3 1 JB 4001 Option Year 4 1 JB STATEMENT OF WORK SCOPE OF WORK: The Contractor shall provide all labor, personnel, equipment, tools, materials, supervision and other items and services necessary to perform radiographic evaluations to ensure a system's compliance with applicable requirements and any necessary calibrations for the following diagnostic imaging systems: Computed Tomography Systems (Qty 2) Cysto Suite (Qty2) General Fluoroscopic Systems (Qty 2) Angio/Cath Systems (Qty 1) Portable fluoroscopic C-arms (Qty 2) General Radiography Systems (Qty 3) Portable Radiography units (Qty 3) Nuclear Medicine DSPECT Chair (Qty 1) Nuclear Medicine SPECT/CT (Qty 1) MRI permanent (Qty 1) Dental panoramic units (Qty 1) Dental x-ray units (Qty 8) Dental portable x-ray unit (Qty 2) Ultrasound units ( Qty 6) Further, the contractor will develop, and provide the Providence VA Medical Center with methods, tools and procedures to establish, maintain and monitor radiation dose levels and a radiation dose reduction program for the following systems: Computed Tomography Systems (Qty 2) General Fluoroscopic Systems (Qty 2) Angio/Cath Systems (Qty 1) Cysto Suite (Qty2) Portable fluoroscopic C-arms (Qty 3) General Radiography Systems (Qty 3) Timeliness of response: the contractor is expected to respond to all correspondences within 1 business day, this includes emails, phone messages or any other means of communications, except where exclusions are noted. Hours of Coverage: 0800-1600hrs Monday through Friday, excluding National Holidays. Response Time: This contract includes intervening calls and emergent calls between scheduled inspections. In an emergent situation a telephonic response is required within 1/2hr of notification and, if requested, the Contractor shall be on site within 2hrs (i.e. spills, equipment failure). All other work as scheduled by the Center's Radiation Safety Officer will commence and proceed progressively to accomplishment without undue delay. All work shall be in accordance with good commercial practice and conform to all NRC and Joint Commission rules and regulations. Due to the sensitive nature of radiation safety and imaging physics services, all items within this statement of work shall be provided by employees of the bidder. Subcontracting is prohibited. Qualification of Vendor: The contractor shall obtain all necessary licenses and/or permits required to perform this work as a Health Physicist and Radiation Safety Officer under the NRC, NHPP and Joint Commission rules and regulations. The RSO shall be qualified to serve on a limited scope medical use permit and broad scope research permit. The personnel will perform a function that requires them to access VA system or VA sensitive information. Specifications of Work: Work requested covers three aspects. The first is to be named Radiation Safety Officer for the limited scope medical permit to use unsealed radioactivity. This permit could also be for broad scope research use in the future. The second aspect is for health physics consultation for the radiation safety program of Nuclear Medicine and Research. The third is for diagnostic medical physics services including x-ray, nuclear medicine, MRI, Laser Safety, and ultrasound performance evaluations. The vendor shall perform the functions of the Radiation Safety Officer for the VA Medical Center in Providence, Rhode Island s radioactive materials permit and x-ray program. Provide recommendations for applications, renewals, and draft amendments to NRC Licensing and Compliance Divisions also compliance with 10-CFR Part 20 & Part-35. This includes recommendations for preparing updates of necessary ALARA documentation. Permit draft amendments shall be provided the permittee for review and signature upon request. Participate in permit inspections from NHPP or NRC. Participate in accreditation or OIG inspections as necessary. Attend (in person) for quarterly Radiation Safety Committee (RSC) meetings. Review personnel monitoring records for federal compliance, and ALARA considerations. Summarize findings for presentation at the RSC meeting. Immediately review personnel monitoring records which exceed ALARA thresholds. Provide routine updates to the RSC regarding accreditation program changes such as the Joint Commission. Provide quarterly updates to the RSC regarding NHPP program changes/memos. Provide quarterly updates to the RSC regarding regulatory changes from the Nuclear Regulatory Commission. Provide fetal dose assessments for patients and staff with summary at the RSC meetings. Provide patient dose assessments for nuclear medicine and imaging studies conducted at the VA with summary at the RSC meetings. Provide Radiology and Nuclear Medicine policy and practice review at permittee request. Provide shielding evaluations meeting NCRP 147 at permittee request. Provide skin dose assessments for any patient exceeding facility thresholds meeting TJC and NHPP requirements. Turnaround time of skin dose assessments is expected to be less than 48h from receipt. Provide template documentation for annual RSO audit, review and summarize at least annually for RSC. Provide in-service radiation safety training of research, nursing, intensive care, or any other personnel as necessary. Training provided should be approved for nursing CE credit. Training is to be set up with the requesting department, Nuclear Medicine, Research and Radiology. Provide fluoroscopy training material for non-radiologist fluoroscopists which meets NHPP directives, TJC accreditation requirements, and best practices. Provide a backup RSO plan meeting NHPP requirements. Provide evidence that the RSO can be available on site within 2hr and available over the phone within 30 minutes. The vendor shall perform the function of a consulting health physicist for the nuclear medicine and research programs at the VA Medical Center in Providence, Rhode Island. Provide in person compliance visits at least monthly, with recommendations for regulatory deficiencies or infractions. Provide recommendations for correction of violations. At least monthly, monitor external radiation levels throughout the facility, measuring external dose rates around areas where radioactive materials are stored and used. At least monthly, perform wipe tests for measurement of removable radioactive contamination in areas where radioactive materials are handled. At least monthly, review radiopharmaceutical purchases, receipt records, inventory control procedures, and waste disposal procedures. At least monthly, review procedures with personnel to determine and assure compliance with ALARA requirements. Recommendations as necessary to further reduce exposure. Checkout of ventilation control equipment, survey instruments and dose measurement equipment with calibrations of portables to be accomplished with a two (2) week turn around. Ascertain that each instrument is currently calibrated, working properly, and within specifications. Quarterly sealed source inventory and storage area survey check, plus six month leak testing on sealed sources as required by NRC. Attendance required at the quarterly Radiation Safety Committee meetings. Center's Radiation Safety Officer will coordinate. Attendance required monthly at the Environment of Care Meeting to report on Radiation Safety, MRI Safety and Laser Safety Committees. Provide spill response as requested by the permittee. Provide in person annual radiation safety training to nuclear medicine staff covering permit uses and conditions. Provide template policy documentation for nuclear medicine department to maintain standing orders process. Provide access to template material necessary to facilitate radiation safety program. Provide triennial DOT training to nuclear medicine staff which includes ASRT CEUs. Provide radiation safety training to radiology staff which includes ASRT CEUs. Provide ongoing assistance and guidance with occupational dose monitoring vendor including recommendations for correction of records. Provide Form V and Form IV equivalent documentation for each occupational worker as necessary. Oversee footprint management for areas using unsealed radioactivity. Provide annual accuracy testing and report of dose calibrator meeting most recent version of ANSI N42.13. Calibration of all handheld radiation detection instruments used to make compliance measurements. Calibrations are to be conducted initially, annually and after any major repair meeting NUREG 1556 Vol 9 current revision. Calibration of handheld instruments is to include minor repair and battery replacements. Supply decay charts for dose calibrator calibration sources, including acceptable error limits such that the daily calibrator check may easily comply with regulations. Provide evidence that the HP can be available on site within 1hr and available over the phone within 30 minutes. The vendor shall perform the function of a diagnostic medical physicist for the VA Medical Center in Providence, Rhode Island. Provide shielding integrity checks for all new installations of x-ray equipment. Provide recommendations for validation of workload from x-ray imaging equipment to confirm shielding recommended is adequate to meet public dose regulations. Provide MRI safety I and II training to all staff members who require it. Provide guidance on appropriateness of MRI scanning protocol for MRI conditional devices. Where requested, participate in quarterly MRI safety committee meetings in person. Provide CT dose optimization training to CT technologists on an annual basis which includes ASRT CEUs. Participate in quarterly CT subcommittee meetings in person providing guidance on CT protocols and patient doses. Provide local policy review and guidance to meet most recent NHPP, TJC, and professional society practices (for example, patient gonadal and fetal shielding). Oversee footprint management for x-ray equipment used at facility. Provide training to clinical engineering staff for dose output testing on all necessary makes and models of equipment for post repair testing. Provide evidence that the diagnostic medical physicist can be available on site within 1hr and available over the phone within 30 minutes. Conduct initial testing of x-ray producing imaging equipment upon receipt and prior to clinical use. The performance evaluation is conducted with non-invasive x-ray analyzers and includes a comprehensive computerized detailed report including the establishment of skin-entry doses for routine procedures on each unit in compliance with NHPP regulations and The Joint Commission accreditation requirements. Assessments must include all radiation protection aspects of each room and each system in terms of x-ray generation operating parameters, image performance, and scatter radiation. According to the current interpretation of the regulations by NHPP inspectors, all x-ray equipment requires physics testing prior to initial clinical use. Further, the vendor shall conduct testing of X-ray equipment as necessary following major repair, tube replacement, or questionable performance. The testing frequency will follow the previous year s annual testing with the timing of annual testing to be determined by the COTR. The testing shall include at a minimum: General Radiography: Assessment of equipment shall include measurement of kVp, mA, time, reproducibility, linearity, accuracy, HVL, and collimation; high contrast resolution and low contrast detectability. Patient skin entrance exposures shall be calculated annually for posting in the control booth, based on typical kVp and mAs supplied by VAMC for various views. Fluoroscopy: Assessment of equipment shall include kVp and HVL accuracy, skin-entry dose for small, medium, and large patients for all operating parameters of the equipment to assist in compliance with VA regulations requiring action when skin entry doses exceed 3 Gy, or other equivalent regulations. An estimated procedure fluoro time beyond which investigation should be triggered to determine whether or not the 3 Gy, or other applicable threshold has been reached is provided. Assistance with the calculation of the patient dose for such cases is also provided, for no extra charge. Scatter radiation measurements, air kerma accuracy, cumulative air kerma accuracy, high contrast resolution, and low contrast resolution tests shall be included. Dental x-ray: Testing for equipment including fixed, portable, and handheld planar x-ray units, panoramic dental systems and dental cone-beam CT systems shall be evaluated for kV accuracy, radiation output, HVL and reproducibility, as applicable to the type of system. Bone Densitometers: Testing shall include patient skin entrance exposure for four standard protocols, with a more detailed assessment of different operating modes for one of those protocols, and scatter measurements. Miscellaneous equipment: such as cabinet x-ray systems are tested to FDA standards of external exposure rates, door interlocks and beam-on indicators, as well as radiation output with varying kV and timer settings as applicable to the system. Computed Tomography: Annual CT system evaluations per The Joint Commission and ACR stipulations (if necessary) shall be inclusive of dosimetry measurements and comparisons to displayed CTDI to ensure accuracy within 20%, or manufacturer s standards if applicable; Half Value Layer; collimation vs. dose distribution; mAs linearity; and scatter. Radiation beam thickness measurements of all available NxT combinations are made by exposing radio chromic film, with graphical analysis at the full width half maximum (FWHM) of each width by means of specialized graphical analysis software. Up to 4 clinical protocols are evaluated for CT number accuracy, low-contrast detectability, contrast to noise ratio, and high contrast resolution, using a Gammex-464 imaging phantom. Image uniformity, artifacts, distance measurement accuracy, congruence of laser and slice plane and table incrementation accuracy, and scout prescription accuracy are also evaluated. Two or three additional protocols are reviewed for examining technique factors, dose levels and appropriateness of image reconstruction methods. Gray level performance of CT acquisition monitors is performed visually and by photometric measurements. The CT performance evaluation also includes patient dose information for all combinations of operating parameters applicable to your machine. These dose values are flagged relative to ACR and NEMA/AAPM criteria, and guidance is offered to assist your staff in applying this new data, evaluating your operating protocols relative to patient dose, and calculating radiation risk for specific patients as necessary. CT fluoro skin dose estimates are also included for any system capable of CT fluoro. Conduct initial testing of nuclear medicine imaging equipment upon receipt and prior to clinical use. The testing shall include at a minimum: intrinsic uniformity and artifact evaluation, system uniformity and artifact evaluation, intrinsic spatial resolution, high contrast resolution, relative system sensitivity, intrinsic energy resolution, count rate parameters, and formatter / Video Display as needed. Also, system interlocks, SPECT-CT CTDI measurement (as applicable), review of technologist s QC program, and a summary of the medical physics evaluation. Conduct initial testing of non-ionizing imaging equipment upon request, annually, and where applicable, prior to clinical use. The testing shall include at a minimum: MRI Scanners: Each scanner acceptance test and annual test there after shall include the following list. These items cover the quality assurance testing of an MRI system on an annual basis in support of ACR and Joint Commission accreditation. The testing will include, at a minimum, the following items or their equivalents: magnetic field homogeneity, slice position accuracy, slice thickness accuracy, Image uniformity coil checks, SNR coil checks, Alignment light accuracy, High contrast resolution, low contrast resolution (CNR), geometric accuracy, artifact evaluation, acquisition workstation monitor performance, evaluation of technologist QC program, and assessment of the MRI safety program. Ultrasound: Each ultrasound unit annual testing shall include: physical and mechanical inspection which assures the mechanical integrity of the equipment and the safety of patient and operator, image uniformity and artifact survey which identifies the presence of artifacts, geometric accuracy, which will use scanner calipers to measure known distances between phantom test targets in the vertical and horizontal directions for each transducer, system sensitivity which will visually determine the maximum depth of visualization of phantom targets for each transducer, contrast resolution: visualization of anechoic and low contrast spherical objects, ultrasound scanner electronic image display performance and primary interpretation display performance. Display characteristics are evaluated by gray scale response and luminance readings using SMPTE pattern. Updates: All updates of information will be provided to Chief Radiologic Technologist VAMC Providence, Rhode Island. Documentation Requirements: All equipment, stationary and portable, will be catalogued by the Contractor with the dates and type of service rendered noted thereon. A written report of each inspection and calibration shall be furnished to the Contracting Officer or the Centers Radiation Safety Officer. The contractor shall obtain the signature of the supervisor in charge of the equipment to certify as to services performed and shall leave a copy of the document containing the signature with the Contracting Officer or COTR. The documentation shall indicate the following: A check list of items checked for each piece of equipment. Conditions found. Repairs or calibration needed, and services performed. Report should include information required in SECTION - C paragraph-c #9 and #10 Services and parts not covered by contract: None These methods, tools and procedures shall include, but are not limited to, formatted documentation methods, automated processes where possible, and detailed documentation that allows the ability to track, trend and monitor data in order to recognize and identify any required modifications or adjustments needed to improve equipment operation or clinical process. The contractor will serve as a consultant to the Medical Center to aid in the analysis of gathered dose data, suggest improvements to the work processes related to both clinical and equipment operations and provide guidance and expertise for any improvement initiatives related to equipment operation or clinical workflow and processes. All work to be completed will meet all National, State and VA requirements and standards to include, but are not limited to, The Joint Commission, the Office of the Inspector General, Nuclear Regulatory Commission, National Health Physics Program, American College of Radiology, and any and all applicable VISN and Facility standards. Shielding design, nuclear medicine lab survey, equipment performance and acceptance testing reports will be forwarded to the Contracting Officer Representative (COR). The contractor shall provide a designated Radiation Safety Officer (RSO) to the facility who will oversee the radiation program and make recommendations, attend all quarterly Radiation Safety Committee meetings and be available to assume all RSO responsibilities related to the PVAMC radiation safety program. The contractor shall provide a physicist representative to attend all quarterly MRI Safety meetings as well as recommendations for medical implant safety as needed. The contractor shall provide education services for PVAMC staff related to the safe use of radioactive materials, equipment emitting ionizing radiation and other training that ensure compliance with regulatory bodies. EQUIPMENT: The contractor shall provide all tools and equipment necessary to properly and safely perform the services set forth within this statement of work. This shall include, but is not limited, to all Personal Protective Equipment (PPE) which may be required for the work to be completed in a safe manner. AREAS TO BE SERVICED: Providence VA Medical Center 830 Chalkstone Ave Providence, RI 02908 Hyannis CBOC VA Primary Care Center 233 Stevens Street Hyannis, MA 02601-3766 Middletown CBOC VA Primary Care Center One Corporate Place Middletown, RI 02842 New Bedford CBOC 175 Elm Street New Bedford, MA 02740 TASK FREQUENCY AND INSTRUCTIONS: The frequency of the contractor's time on campus at the Providence VA Medical Center will be contingent upon the time required and agreed upon with the following departments: Diagnostic Imaging Service, Surgical Service, Dental Service, and Clinical Engineering to complete all of the work which falls under the total workload covered within this statement of work. The COR with authorize all scheduled maintenance, meetings, consultations and trainings with the contractor. SPECIAL WORK REQUIREMENTS: The contractor shall obtain all necessary licenses and/or permits required to perform the work of a Health Physicist under the Nuclear Regulatory Commission, the National Health Physics Program, the Joint Commission and any other applicable regulatory bodies. PROPERTY DAMAGE: The contractor shall take all necessary precautions to prevent damage to any government property. The contractor shall report any damages immediately and shall be assessed current replacement costs for property damaged by the contractor, unless corrective action is taken, Any damaged material (i.e., trees, shrubs, lawn/turf, curbs, gutters, sidewalks, etc.) will be replaced in a timely manner or corrected by the contractor with like materials, at no extra cost to the government, upon approval of the Contracting Officer. ATTACHMENTS: None IDENTIFICATION, PARKING, SMOKING, CELLULAR PHONE USE AND VA REGULATIONS: The contractor's employees shall always wear visible identification while on the premises of the VA property. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police-Security Service. The VA will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the VA. Cellular phones and two-way radios are not to be used within six feet of any medical equipment. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in a citation answerable in the United States (Federal) District Court, not a local district state, or municipal court. COMPLIANCE WITH OSHA BLOODBORNE PATHOGENS STANDARD: In the event that a contractor, or contractor representative works within an environment where there is potential for contact with a bloodborne pathogen (though not anticipated), the contractor shall comply with the Federal OSHA Bloodborne Pathogens Standard. The contractor shall: A. Have methods by which all employees are educated as to risks associated with bloodborne pathogens. B. Have policies and procedures which reduce the risk of employee exposure to bloodborne pathogens. C. Have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens. D. Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, and mouthpieces for the employee during performance of the contract. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE 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. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS 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. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. VA INFORMATION CUSTODIAL LANGUAGE 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). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems 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. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. All quoters shall submit the following: Quote with pricing clearly identified. Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government. Period of Performance: One Year and Four (4) Option Years. The following are the decision factors: past performance and price. The award will be made to the response most advantageous to the Government. Responses should contain your best terms, conditions. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoters shall list exception(s) and rationale for the exception(s), if any. Submission of your response shall be received not later than December 15th, 2023, by 5:00 P.M. EST. at Kurt.fritz@va.gov. Note to Quoters: Please reference the RFQ number in the subject line of your email, failure to do so could result in your quote to be missed and will not be considered for evaluations. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below. Point of Contact Kurt Fritz Contract Specialist Veterans Health Administration Regional Procurement Office East Network Contracting Office 1 (New England) The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html. The following solicitation provisions apply to this acquisition: FAR 52.212-1, Instructions to Offerors Commercial Products and Commercial Services FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Products and Commercial Services. If paragraph (j) of the provision is applicable, a written submission is required. The following contract clauses apply to this acquisition: FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services November 2023 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services November 2023 The following subparagraphs of FAR 52.212-5 are applicable: 52.204-27 Prohibition on a ByteDance Covered Application 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-6, Notice of Total Small Business Set-Aside 52.219-33 Nonmanufacturer Rule 52.219-28 Post Award Small Business Program Re-representation 52.222-3 Convict Labor 52.222-19 Child Labor--Cooperation with Authorities and Remedies 52.222-26 Equal Opportunity 52.232-33 Payment by Electronic Funds Transfer-System for Award Management ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) 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 version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR. The following provision is incorporated into 52.212-1 as an addendum to this solicitation: Instructions to Offerors Commercial Products and Commercial Services (Sep 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition (1)Is set aside for small business and has a value above the simplified acquisition threshold; (2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (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 Federal Acquisition Regulation (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, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services 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 Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision. (2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil. (3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by (i) Using the ASSIST feedback module ( https://assist.dla.mil/ feedback); or (ii) Contacting the Defense Standardization Program Office by telephone at 571 767 6688 or email at assisthelp@dla.mil. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (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 products, the make and model of the product 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)
