FBODaily.com | FedBizOpps: FILE | H | Radiation Safety Services - Attachment

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 26, 2017 FBO #5574
DOCUMENT

H -- Radiation Safety Services - Attachment

Notice Date: 2/24/2017
Notice Type: Attachment
NAICS: 541620 — Environmental Consulting Services
Contracting Office: Department of Veterans Affairs;VA Medical & Regional Office Center;2501 W. 22nd St.;Sioux Falls SD 57105
ZIP Code: 57105
Solicitation Number: VA26317N0372
Archive Date: 3/11/2017
Point of Contact: Paula Moore
E-Mail Address: moore2@va.gov<br
Small Business Set-Aside: N/A
Description: This is a sources sought notice only and it is not a solicitation notice. Please DO NOT provide a quote at this time. The purpose of this sources sought notice is to gain knowledge of qualified potential contractors and their socioeconomic size classification in accordance with NAICS code 541620 Other Scientific and Technical Consulting Services and small business size standard of $15 million. Responses will be used by the Government to make appropriate acquisition decisions. After a review of the responses to the sources sought notice, a solicitation announcement may be posted to GSA s or FBO based on the results from this notice. A response to this sources sought notice is not an adequate reply to the forthcoming solicitation. The VA Nebraska-Western Iowa Healthcare System located in Omaha and Grand Island, NE is seeking a qualified contractor to provide Radiation Safety Services. See attached Performance Work Statement (PWS) for complete requirements. This is not a solicitation and in no way obligates the Government to award any contract. Additionally, a response to this sources sought notice is not a request to be added to a prospective bidders list or to receive a copy of the solicitation. The purpose of this sources sought is strictly for market research purposes. Please send all responses to Paula Moore at paula.moore2@va.gov NLT 12:00 pm CST on 3 Mar 2017. Performance Work Statement Radiation Safety Services VA Nebraska-Western Iowa Health Care System RADIATION SAFETY REQUIREMENTS a. The contractor shall provide on-site Radiation Safety Services for the VA Nebraska-Western Iowa Health Care System (VA NWIHCS) located at 4101 Woolworth Avenue, Omaha, Nebraska. The services shall include, but are not limited to, the following. i. Responsibility for assisting with the implementation of the Radiation Safety Program. The Radiation Safety Program shall be accomplished according to VHA Directive 1105.1 Management Of Radioactive Material Dated February 5, 2015 and can be found at http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=3080, the Nuclear Regulatory Commission (NRC), the Department of Transportation (DOT), the Environmental Protection Agency (EPA), and the Food and Drug Administration (FDA) applicable requirements and regulations. ii. Assisting with the Radiation Safety Program regarding requirements that are passed down from the governing bodies of the NRC or National Health Physics Program (NHHP). iii. Communicating any necessary requested changes to the Radiation Safety Committee. b. The contractor shall assist VA with the maintenance of the implemented Radiation Safety Program. Services shall include, but are not limited to, the following. i. The contractor shall investigate overexposures, accidents, isotope spills, losses, thefts, unauthorized receipts, uses, transfers, disposals, medical events, and other deviations from approved radiation safety practice and implement corrective actions as necessary. ii. The contractor shall ensure that the VA Health Care System meets all NHPP rules and regulations as applies to radiation safety, radiation generating equipment, and Magnetic Resonance Imaging. iii. The contractor shall establish points of contact within the VA Facility to keep open lines of communication and authority regarding radiation safety either for sealed sources or involving ionizing radiation producing equipment. iv. The contractor shall communicate the required information to the appropriate authorities for any of the above listed events. The NHPP is the point of contact between VHA facilities and the NRC along with other regulatory authorities. c. The contractor shall assist VA with the establishment and implementation of written policies and procedures for the following. i. The purchasing of byproduct material and the authorization for such. ii. Receiving and processing packages containing byproduct material. iii. Proper handling and storage of byproduct material. iv. Maintaining an inventory record of byproduct material. v. Taking emergency action if control of byproduct material is lost. vi. Performing all radiation safety surveys as appropriate for sealed source radioactive materials or involving ionizing producing radiation equipment. vii. Calibrating survey instruments and other safety equipment along with performing checks as appropriate. viii. Disposing of byproduct material as appropriate. ix. Ensuring that personnel who work in or frequent areas where byproduct material is used or stored are trained as appropriate. x. Maintaining records, reports, procedures, and other documents as required by regulations. d. The contractor shall assist VA with the establishment and maintenance of an ALARA (As Low as Is Reasonable Achievable) program. The program will establish personnel exposure investigational levels that, when exceeded, will initiate investigation by the Contractor of the cause of the exposure and a consideration of actions that might be taken to reduce the probability of recurrence. e. For medical use at the VA Nebraska Western Iowa Health Carey System, the Contractor shall be actively involved with and assist the Radiation Safety Committee in the performance of its duties. Examples include, but not limited to, reporting on pertinent findings and inspections related the use of radioactive material, radiation producing equipment, radiation exposure, and other matters related to regulatory requirements related to the NHHP. f. The Contractor shall be available on-site at VA, and be available after regular hours as needed, to accomplish the functions of the Radiation Safety Services within thirty minutes for emergencies and three hours for non-emergency situations when notified by the VA Contracting Officer s Representative (COR), Chairman of the Radiation Safety Committee, or other VA designee. g. The Contractor shall provide technical direction to the Radiation Safety Committee in the development of the VA Nebraska-Western Iowa Health Care System (VA NWIHCS-O) Radiation Safety Manual to ensure it is in compliance with all current regulations. h. The Contractor shall review and assist with administrations of unsealed radioactive material requiring a written directive to ensure compliance with all regulatory requirements. i. The Contractor shall be responsible for the transportation of byproduct materials and ensuring it is in compliance with Department of Transportation (DOT) regulations. j. The Contractor shall be responsible for the proper regulation of ionizing producing equipment and work with biomedical engineering and the COR to ensure compliance with NRC and NHPP requests. b) HEALTH PHYSICS REQUIREMENTS MONTHLY a. The Contractor shall perform appropriate surveys of areas of radioactive material use/storage on a monthly basis. b. The Contractor shall provide consultations, as requested by the Radiation Safety Committee, relating to problems (exposure, spills, disposal, etc.), patient therapy, and regulation changes. c. The Contractor shall provide technical direction and make recommendations to the Radiation Safety Committee on controls and procedures in regards to byproduct material as requested by investigators and other users at VA. d. The Contractor shall review and handle as appropriate, all forms that are filed with regulatory agencies when byproduct material is involved. e. The Contractor shall provide technical guidance in the disposition of all radioactive waste to ensure it is performed according to regulations. f. The Contractor shall review licensing specifications in regards to byproduct material on a regular basis with regard to current and new regulations. However, the contractor is prohibited from direct communication with the NRC on matters of the VA NWIHCS-O licensing and inspection. These communications must be directed to the NHPP headquarters at NLR. g. The Contractor shall provide assistance with the personnel monitoring program. c) HEALTH PHYSICS REQUIREMENTS QUARTERLY a. The Contractor shall attend, participate in, and review minutes for completeness and accuracy of all Radiation Safety Committee meetings. At the quarterly Radiation Safety Committee meetings, the contractor shall provide a summary of major activities and tasks performed under this contract, including recommended corrective actions and consultations. b. The Contractor shall conduct inventories and perform leak tests as appropriate of all sealed sources within the VA Health Care System. c. The Contractor shall provide oversight of the quality control of all instruments used in nuclear medicine with byproduct material. d) HEALTH PHYSICS REQUIREMENTS ANNUAL a. The Contractor shall perform an annual review and summary of the Radiation Safety Program involving byproduct material and will present the summary to the Radiation Safety Committee. e) VA REQUIREMENTS a. All files produced and maintained under the requirements of this contract shall remain on the VA Nebraska-Western Iowa Health Care System campus in the designated location. f) QUALIFICATIONS a. The Contractor shall provide personnel who is Board Certified Medical Physicist, qualified and licensed as a Radiation Safety Officer under Title 10 Code of Federal Regulations Part 35.50 (10 CFR 35.50). b. The Contractor shall provide personnel who are licensed and certified by the United States Nuclear Regulatory Commission (U.S. NRC). c. The contractor shall provide personnel who are knowledgeable of VA s National Health Physics Program (NHPP) and Joint Commission for Accreditation for Hospital guidelines and standards and eligible for approval by NHPP for the RSO Permit d. Personnel shall be experienced with the types and quantities of licensed material that is authorized on the license for a medical broad scope program. e. Following contract award, the contractor shall be required to initiate measures to be added to VA NWIHCS Materials Permit as Radiation Safety Officer within thirty calendar days. The Contractor shall be assist with training VA staff who will be assisting in the carrying out of the duties of the Radiation Safety Services. g) LAWS, PERMITS AND LICENSES: Services performed as part of this PWS and contract must be in accordance with all applicable laws, ordinances, regulations and service requirements as enforced by Federal, state, local and industry. The Contractor shall be in compliance with US NRC, to include obtaining and maintaining all required licenses and permits required by Federal, state, local and industry laws. Contractor is required to coordinate and support Omaha VAMC Director in maintaining a current RSO Permit, as approved by NHPP, for the Omaha VA Medical Center. The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to lawful application of the provision of services. h) SPECIAL CONTRACT REQUIREMENTS FOR RADIATION SAFETY SERVICES a. The Contractor shall be responsible for providing film badges, and the distribution and collection of badges from sites in VA NWIHCS. The contractor shall maintain appropriate record data of exposure to individuals assigned film badges. b. The Contractor shall assist designated personnel within VA to provide insight and guidance to any new regulations that the National Health Physics Program (NHPP) or Nuclear Regulatory Commission (NRC) imposes upon the VA NWIHCS. The Contractor shall also provide assistance for NHPP and NRC inspections, quarterly audits by the radiopharmaceutical contractor, and the health physics program contractor. c. The services to be performed by the contractor shall be performed in accordance with VA policies and procedures, and the regulation of the medical staff by-laws of the VA NWIHCS. d. The services to be performed by the contractor shall be under the direction of the Chair of the Radiation Safety Committee or designee, Department of Veterans Affairs Medical Center, 4101 Woolworth Avenue, Omaha, Nebraska 68105. i) KEY PERSONNEL: During the first ninety (90) calendar 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 CO, in writing, within 15 calendar day(s) after the occurrence of any of these events and provide the information required below. After 90 days, the Contractor shall submit the information required below to the CO at least 15 calendar days prior to making any permanent substitutions. Note: Contractor will not be reimbursed for any services performed by a contractor not identified on the contract. a. 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 CO. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The CO 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. Substitute contractor personnel, if used, must meet all other requirements specified in the Qualifications sections b. For temporary substitutions where the key person shall not be reporting to work for three (3) consecutive work days or more, the Contractor shall provide a qualified replacement for the key person. The substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above. c. The Government reserves the right to refuse acceptance of any Contractor personnel at any time after performance begins, if personal or professional conduct jeopardizes patient care or interferes with the regular and ordinary operation of the facility. Breaches of conduct include intoxication or debilitation resulting from drug use, theft, patient abuse, dereliction or negligence in performing directed tasks, or other conduct resulting in formal complaints by patient or other staff members to designated Government representatives. Standards for conduct shall mirror those prescribed by current federal personnel regulations. Should the VA COS or designee show documented clinical problems or continual unprofessional behavior/actions with any Contractor personnel, s/he may request, without cause, immediate replacement of said Contractor personnel.The CO and COR shall deal with issues raised concerning Contractor personnel s conduct. The final arbiter on questions of acceptability is the CO. d. The CO and COR shall deal with issues raised concerning Contract personnel s conduct. The final arbiter on questions of acceptability is the CO e. Contingency Plan: Because continuity of care is an essential part of VAMC s medical services, the Contractor shall have a contingency plan in place to be utilized if the Contractor s personnel leaves Contractor s employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract. f. Contractor shall submit a listing of key personnel (and temporary emergency substitutions) in the following format prior to contract award: Name:___________________ Title:__________________. Curriculum Vitae of each key personnel shall be submitted with the proposal. j) NON-PERSONAL HEALTHCARE SERVICES: This contract is a non-personal health care services contract as defined in Federal Acquisition Regulation 37.101 and is as follows Non-personal services contract means a contract under which the personnel rendering the services are not subject, either by the contract s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The parties agree that the contractor, all contractor staff, agents and sub-contractors shall not be considered VA employees for any purpose. k) INHERENT GOVERNMENT FUNCTIONS: Contractor and Contractor s staff shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy. l) INDEMNIFICATION: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, arising out of or resulting from the fault, negligence, or act or omission of the Contractor, its agents, or employees. m) NO EMPLOYEE STATUS: The Contractor shall be responsible for protecting Contractor s staff furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract: Workers compensation Professional liability insurance Health examinations Income tax withholding Social security payments n) WORK HOURS a. The contractor shall provide services on all workdays, which is defined as Monday through Friday, 7:00 A.M. to 3:30 P.M. CST. b. The contractor shall respond to all emergencies including those when an emergency necessitates the need for Radiation Safety Services outside of workdays. The contractor shall accomplish the functions of the Radiation Safety Services within thirty minutes for emergencies and three hours for non-emergency situations when notified by the VA Contracting Officer s Representative (COR), Chairman of the Radiation Safety Committee, or other VA designee. c. Services will not be provided on national holidays, unless an emergency or non-emergency necessitates the need for Radiation Safety Services. The ten holidays observed by the Federal Government include: New Year s Day Presidents Day Martin Luther King s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Day Any other day specifically declared by the President of the United States to be a National Holiday. o) CONFLICT OF INTEREST: a. The Contractor and all contract staff are responsible for identifying and communicating to the CO and COR conflicts of interest at the time of proposal and during the entirety of contract performance. At the time of proposal, the Contractor shall provide a statement which describes, in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) or actual or potential organizational conflicts of interest relating to the services to be provided. The Contractor shall also provide statements containing the same information for any identified consultants or subcontractors who shall provide services. The Contractor must also provide relevant facts that show how it s organizational and/or management system or other actions would avoid or mitigate any actual or potential organizational conflicts of interest. These statements shall be in response to the VAAR provision 852.209-70 Organizational Conflicts of Interest (Jan 2008) and fully outlined in response to the subject attachment in Section D of the solicitation document. p) CITIZENSHIP RELATED REQUIREMENTS a. The 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. b. 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. Additionally, the Contractor is required to comply with all E-Verify requirements consistent with Executive Order 12989 and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations. c. 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. d. 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. e. The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document. q) Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (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. a. Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/ Entities on the HHS OIG web site at http://oig.hhs.gov/exclusions/index.asp to ensure that the proposed contract staff are not listed. Contractor 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 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 Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries. b. By submitting their proposal, the Contractor certifies that the HHS 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. r) QUALITY ASSURANCE: Contractor performance will be monitored by the government using the standards as outlined in this Performance Work Statement (PWS) and methods of surveillance detailed in the Quality Assurance Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted. The QASP will be signed by the Contractor Program Manager and COR, outlining the evaluation criteria to ensure the contractor is aware of the management and quality criteria required to meet the terms of the contract. a. Frequency of Performance Measure Assessment: The COR shall visit/correspond with the contractor either as needed or, at a minimum, on a quarterly basis. In addition, the following performance measure reports will occur: (1) Quarterly Reports are prepared and completed by the COR within 45 days of the end of the reporting period. Contractor will review quarterly performance measure reports and acknowledge receipt of report by returning a signed copy, along with any comments, to the Contracting Officer within 30 days of receipt of the report. (2) Contractor s Performance Report: At the end of each contract period, the COR will assess the summary of the contractor s performance and shall provide a written assessment. This written assessment will be forwarded to the Contracting Officer as documentation of contractor s performance and/or for a request to exercise option period, renewal of a contract or termination of a contract. This information will be loaded into the Contractor Performance Assessment Reporting System (CPARS) (see paragraph 22, below.). s) TRAINING: Contractor personnel shall complete, at a minimum, the following mandatory training: a. HIPAA b. Cyber Security c. Other VA training that is applicable to performing the services. t) CONTRACTOR PERSONNEL SECURITY REQUIREMENTS a. All contractor personnel 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. b. The position sensitivity has been designated as low risk which requires a National Agency Check with Inquiries (NACI) background. u) CONTRACTOR SECURITY REQUIREMENTS (VA HANDBOOK 6500.6) a. The contractor shall be in compliance with VA Handbook 6500.6, Appendices B and C (attached). The Certification and Accreditation (Authorization) (C&A) requirements do not apply; therefore, a Security Accreditation Package is not required. b. The contractor and their personnel shall be subject to the same Federal laws, regulations, standards, and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards and Technology (NIST). This also includes the use of common security configurations available from NIST s Web site at: http://checklists.nist.gov. c. To ensure that appropriate security controls are in place, the contractor must follow the procedures set forth in VA Information and Information System Security/Privacy Requirements for IT Contracts located at the following Web site: http://www.iprm.oit.va.gov. d. VA information is to be accessed only via CPRS and VISTA from (1) secured computer located at contractor s facility and/or (2) equipment and system access provided by VA. v) CONTRACTOR PERSONNEL SECURITY RESPONSIBILITIES: All contract personnel who require access to the Department of Veterans Affairs computer systems and/or sensitive information shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security, Information Security Officer and Law Enforcement prior to contract performance. This requirement is applicable to all sub-contractor personnel requiring the same access. 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. a. Position Sensitivity: The position sensitivity has been designated as low risk. b. Background Investigation. The level of background investigation commensurate with the required level of access is minimum background investigation, if required. All costs incurred with the background investigation process will be paid by the VA. c. VA Cyber Security Awareness Training: Each contractor assigned work under the contract is required to receive and document completion of VA training on Cyber Security. The requirements for fulfilling this provision can be found at (https://www.tms.va.gov/learning/user/login.jsp. Contractor shall provide documented proof to the Contracting Officer that all contract staff servicing a VA contract have received annual training. d. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. w) CONTRACTOR RESPONSIBILITIES: a. The contractor shall ensure all personnel requiring access to the computer systems are able to read, write, speak and understand the English language. b. Complete fingerprint capture at local VA Police Services. If a VA site other than NWIHCS (Omaha, Lincoln or Grand Island) is conducting the process, the results need to be sent to NWIHCS s Security Officer Identifier (SOI) #VAF5 and Submitting Office Number (SON) #1445. Fingerprints captured in Omaha are completed in Room B804, Monday-Friday, 8:00 a.m. - 4:00 p.m. and conducted on a walk-in basis or scheduling an appointment by contacting their office at 402-995-5225 or 5818. Grand Island: Room S508, Monday-Friday, 8:00 a.m. 4:30 p.m. (closed from Noon 1:00 p.m.). Each applicant to be fingerprinted will need to present a valid state driver s license or valid state I.D. c. Complete the Background Investigation Request Worksheet (to be furnished by the VA) and fax to VA NWIHCS Contracting Office at 402-449-0612. The Contracting Office will enter the information into our Security Investigations Center (SIC) Contractor Request Database. d. E-mails will be sent from our SIC, Little Rock, AR, to the applicant, company s point of contact and Contracting Officer (CO). This e-mail will provide the applicant with the website link for forms and instructions on how to complete the process. e. Applicants must complete and mail their paperwork within 30 days to the SIC. If not received within 40 days, the request will be terminated and a new request be submitted or the contract staff may be removed from the contract for non-compliance. f. The contractor, when notified of an unfavorable determination by the Government shall withdraw the contract staff from consideration from working under the contract. g. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. h. Upon successful completion of the process, a VA personal identity verification (PIV) card will be issued to the contractor. Contractor will use this card to access the computer. The VA badge/PIV card will be worn by the contractor at all times while on VA controlled property. x) GOVERNMENT RESPONSIBILITIES: a. The VA Contracting Officer will provide the necessary forms to the contractor. b. The Contracting Officer will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested. y) 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. 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. z) RECORDS MANAGEMENT: a. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. f. The Government Agency owns the rights to all data/records produced as part of this contract. g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. j. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/VA/SFaVAMC/VAMCCO80220/VA26317N0372/listing.html)
Document(s): Attachment; File Name: VA263-17-N-0372 VA263-17-N-0372_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3298261&FileName=VA263-17-N-0372-000.docx); Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3298261&FileName=VA263-17-N-0372-000.docx; Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
Place of Performance: Address: Nebraska-Western Iowa;Health Care System;4101 Woolworth Ave;Omaha, NE 68105; Zip Code: 68105
Record: SN04413990-W 20170226/170224234436-06ca6687cf43299293c0266718833057 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

H -- Radiation Safety Services - Attachment