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Department of Veterans Affairs, VA North Texas Health Care System | Published April 6, 2015  -  Deadline April 10, 2015

COMBINED SYNOPSIS/SOLICITATION NOTICE Dallas VA Medical Center Requirement for (Brand Name or Equal) ENT CO2 LASER Requirements: The North Texas VAMC in Dallas, TX has a need for the following: The North Texas VAMC in Dallas plans to solicit and award a FIXED price contract. These items must be brand name or equal ITEM NUMBER DESCRIPTION QTY UNIT OF ISSUE UNIT PRICE TOTAL PRICE 001 BRAND NAME OR EQUAL - ACUSPOT 712-ZKIT - ZEISS FEMALE MICROSCOPE BRACKET - 6MM SPACER FOR LEICA MICROSCOPES - DOVETAIL SPACER MOUNTED ON MICROMANIPULATOR - LARGE APETURE DRAPE HOLDER HARDWARE FOR ZEISS DRAPES - 90 DAY WARRANTY 1 EA 002 BRAND NAME OR EQUAL - LUMENIS INC. KT-1064910 STARTER KIT INCLUDES: * FiberLase C02 Fiber (1) * FiberLase Handpiece Kit-R (1) * FiberLase Handpiece Kit-M (1) * FiberLase Bending Tool (1) * FiberLase Fiber Renewal Kit (1) * FiberLase Endoscope Protection Shealth (Box 5) * MicroPak Sterilization Tray (1) * Mini MicroPak Sterilization Tray (1) * Purge air hose (1) with bacteriologic filter 2 EA 003 BRAND NAME OR EQUAL - Lumenis Inc. AC-1059620 FiberLase Lap-R Handpiece 1 EA 004 BRAND NAME OR EQUAL - Lumenis Inc. 0642-172-01 LIO Keeler OPHTHALMOLOGY 1 EA 005 BRAND NAME OR EQUAL - Lumenis Inc. GA-1000000-B1 " Free Beam articulated arm and waveguide fiber delivery capability o LED indicator light on active port o Aiming beam emits only from active port " 1-40 Watt power, continuous wave CW mode " 0.5-15 Watt power, SuperPulse Mode " 1-35 Watt Power, Pulser mode " Single, repeat and adjustable on/off exposure settings " 5 mW red diode laser aiming beam, 635 nm " Large color user interface, with video support " Storage of personalized laser treatment data " Personalized log-in with password " Personalized log-in with password " Meets or exceeds UL standards " Storage of personalized physician or procedure laser treatment data " Free Beam Articulated Arm Delivery System o Lightweight, carbon fiber, 7-joint, spring balanced arm, 144 cm (56.7) reach, 360 degree rotation o SurgiTouch automation software system GA-1000000- Pre-set treatment parameters and recommended delivery device by specialty and application (ENT, GYN, Neurosurgery, General Surgery) o SurgiTouch scanner delivers automated scanning with precision, lowest thermal damage and treatment reproducibility o Video tutorials demonstrating accessory assembly " FiberLase Waveguide Delivery System o Handpiece receptacle with arm for holding FiberLase handpiece during surgery o Telescoping fiber support guide (2) o Advanced, electronically controlled air management system with integrated purge air pump - Optional pressure purge gas capability o Pre-set treatment limits for low power applications " User Manual CD 1 " Bacteriological filter (pack of 1) " Patient eye protection shields (1) " Staff eye protection glasses (3) " Surgical Quick Start Guide & Screen Icon card " Footswitch (1) " Laser Warning Sign (1) " Meets UL standards " In-Service training from clinical education staff " One year warranty on parts and travel from the date install KT-10016060- 40ST Configuration Kit (Includes System Software Configuration Tools) KT-1000100- Surgitouch Scanner (Includes Software, Scanner, Scanner Cable, and Articulating Arm Clips) 1 EA Please submit information to Jim Houston at All responses must be received no later than Friday March 10TH by 0700 am Central Standard Time (CST).

66--**RESEARCH** - ArcturusXT - TI Laser Microdissection Instrument (Microscope)- 2/26

Department of Veterans Affairs, VA North Texas Health Care System | Published May 18, 2016  -  Deadline May 30, 2016

This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisitions Regulation (FAR) format in Subpart 12.6., as supplemented with additional information included in this notice. This announcement constitutes the only solicitation proposal are being requested and a written solicitation will not be issued. This requirement is being issued in conjunction with FAR part 12 Simplified Acquisition Procedures and FAR 13.5 Simplified Procedured for Certain Commercial Items. The solicitation number is VA257-16-Q-1096. This solicitation is issued as a Request for Quote (RFQ). It is the offeror's responsibility to monitor FedBizOpps.Gov for the release of any information related to the acquisition, e.g. questions and answers, amendments, award notice, etc. All responsible sources may submit an offer, which if timely received, shall be considered. The offer must reference the solicitation number VA257-16-Q-1096. THE OFFER ARE DUE BY EMAIL ONLY, to the point of contact listed below on or before May 30, 2016 at 9:00 am central time. Point of Contact: Danise Burt 972-708-0814 The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-85 dated December 4, 2015. The associated North American Industry Classification System (NAICS) code is 334516-Analytical Laboratory Instrument Manufacturing; Small Business Sixe Standard is 500 employees/ This RFQ is issued as full and open competition. Schedule of Items: ARCTURUSXTTI LCM,INSTRUMENT,ARCTURUS XT-TI The quoted instrument configuration includes the following items: 1. ArcturusXT -Ti ArcturusXT Laser Microdissection Instrument (Eclipse-Ti-E microscope base). Includes: IR-Laser enabled Laser Capture Microdissection (LCM); 2X, 10X and 40X objectives; computer and operating software; 1-year warranty, parts and labor. 1 0310-5535 Nikon Phase Contrast Illumination for ArcturusXT Microdissection Instrument (Eclipse-Ti microscope base). Recommended to also purchase Microscope Binoculars (pn 0200-6228). 1 0310-5950 Enchanced UV Laser Package for ArcturusXT Microdissection Instrument. 1 0200-6229 Epi-Fluorescence Illumination for ArcturusXT Microdissection Instrument (Eclipse-Ti microscope base). Includes Red, Green, Blue, and UV Filter Cubes. 1 0200-6228 Optional Microscope Binoculars for Standard Microscope Operation with ArcturusXT Microdissection Instrument (Eclipse-Ti microscope base). 1 0310-5631 Petri Dish Stage Insert for ArcturusXT Microdissection Instrument. Includes modular stage insert and accommodates 50mm x 7mm Petri dishes. Compatible with TE2000 and Eclipse-Ti microscope based systems. 1 14423-00 Differential Interference Contrast Option (DIC) for ArcturusXT Microdissection Instrument (Eclipse-Ti microscope base). Requires purchase of Nikon Phase Contrast Illumination (pn 0310-5535, 0310-5761 or 0310-5763). Includes 10X and 40X DIC sliders. 1 S9200-0098 Arcturus LCM Instrument Installation and Product Training at the Customer Site. Training content is tailored to the customer needs and applications. 2. AMF4300 EVOS FL, NO OBJ/NOCUBE PRODUCT DESCRIPTION EVOS® FL Imaging System is a fully integrated digital inverted microscope for four-color fluorescence and transmitted-light applications. It is powerful, yet easy-to-use and delivers high-definition images with exceptional convenience. The proprietary LED light cubes, sensitive camera, and precision-engineered optical system make the EVOS® FL system ideal for both demanding and routine fluorescence imaging applications. The EVOS® FL Imaging System offers: o Easy installation; no maintenance, assembly, alignment, or calibration o User-defined four-color fluorescence and transmitted light applications o Five-position objective turret with front controls o On-board software o All-in-one design: digital camera, precision optics, LCD display, and USB storage When ordered with accessories, the instrument will arrive fully assembled. INCLUDES EVOS® FL Imaging System Power adapter Universal Stage Plate USB Optical Mouse Dust cover USB flash drive (includes User Guide and Quick Start Guide) Diffusion Condenser Slider Condenser Slider Block UV Shield/ Light Shield Light Cube Access Door LIMITED WARRANTY One year parts and labor (as provided in Life Technologies' written limited warranty statements and accompanying terms in the user manual or other product documentation). LICENSE/CERTIFICATION CE approved. For Research Use Only. Not intended for any animal or human therapeutic or diagnostic use. 3. AMEP4632 PL ACR 4X PH, 0.13NA/16.9W 4. AMEP4644 POWER CORD - US, EVOS FL/XL 5. AMEP4650 EVOS LED CUBE/DAPI 1 6. AMEP4651 EVOS LED CUBE/GFP 1 7. AMEP4655 EVOS LED CUBE/TX RED 1 8. AMEP4681 PL FL 10X LWD PH, 0.25NA/9.2WD 9. AMEP4682 PL FL 20X LWD PH, 0.40NA/3.1WD 10. AMEP4683 PL FL 40X LWD PH, 0.65NA/1.6WD 11. AMEPVH009 HOLDER, UNIVERSAL 12. R10477 MOLECULAR PRO CELL IMAGING KIT 13. ZGEXSCEVOSFLM4Y RAPID EXCHANGE,FL MONO,4Y 14. S202 TRADE-IN CREDIT 15. ZG11SCARCTURUSXTABASSURANCE,ARCTURUSXT -To include in-house operational training. Installation, training and Additional System requirements. The contractor shall provide in-side delivery, installation and operator familiarization training for the system. The contractor shall provide a minimum of four (4) hours of on-site training (in calibrations, optimization basic and routine preventative maintenance Procedured and cleaning requirements. Offered system shall be a turn-key solutions i.e. the contractor shall be responsible for providing all hardware, components, instruments computers software and that otherwise required to meet these specifications and the VHA's stated need. The systems shall be delivered with all necessary supplies and accessories required for installation and start-up. System shall be warranted for not less than one (1) year form VHA acceptance of the system to include onsite training. Warranty service shall include trouble-shooting capabilities based on the complete knowledge of the entire system, immediate access to replacement parts, and immediate access to system improvement and updates. Phones and emails technical support shall be included for a minimum of 1-year. The contractor shall include all costs associate with the shipping and handling of the equipment and all travel and field engineering expenses associated with install and on-site training. Post -warranty service agreement (Preventative maintenance and corrective repairs) shall, at a minimum include the following; -Minimum of one (1) planned preventative maintenance visit per contract period -Unlimited phone and email support during the contract normal operating hours. -Preventative maintenance shall include all labor, travel, and parts (except consumables);parts (except consumables); parts (except consumables): provide service response time in quote. -Pricing shall be inclusive of all labor, travel, replacement parts components, subassemblies, etc -Performance by formally trained and certified technicians/engineers, following Original Equipment Manufacturer (OEM) specifications, manual, and service bulletins, using the OEM replacement parts, components, subassemblies, etc. -Access by the VHA the Contract Representative (COR) and system operator personnel to the manufacturer's call center for technical assistant whish is staffed by senior engineers to provide a high level of expertise for troubleshooting the instruments. -System software and firm ware updates required for reliability improvement and correction of any defects; Service Record and Reports: The contractors shall, commensurate with the completion of each service call or preventative maintenance visit, provide the end-user of the equipment and the contractor officer with a copy of the field service report/ticket identifying the equipment name, manufacturer, model number and serial number of the equipment being serviced. Repaired and detailing the reason for the service call, a detailed description of the work performed, the test instruments or other equipment used to affect the repair of otherwise perform the service the names(s) and the contact information of the technician who performed the repair/service, and for information purpose, the on-site hours expended and parts/component replaced. Period of performance: FOB Point Destination. All items shall include shipping, handling, in-side delivery, installation and training to the destination herein. Delivery/installation date is with 60 calendars days after receipt of order. Point of delivery for this requirement will be the Department of Veteran Affairs, North Dallas VA Healthcare System, Research Department, 4500 S Lancaster Road, Dallas Texas 75216. Warranty and preventative maintenance and repairs visits shall not be schedule during Federal Holidays or Federal Closures as determined by Executive Orders or WWW.OPM.GOV. Federal holidays are as follows. New Year's Day Martin Luther King Jr Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Solicitation provision: Contract Type: Commercial Item-Firm Fixed Price FAR Provision 52.252-1 Provision Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): The provision as FAR 52.212-1 Instruction to Offers-Commercial Items (OCT2015) applies to this solicitation. The following addenda have been added to the provision: Addendum Paragraph (b) Equipment for trade-in "as-is" offered are afforded the opportunity to inspect the site to include the equipment to be traded-in, designated installation area prior to the date set for receipts of quotes by contacting the Contract Officer identified herein to schedule an appointment. Failure To inspect the equipment /locations will not relieve the successful offeror from fully meeting the requirement of the resulting contract at the price offered. Technical acceptability: will be determined by review of information submitted by the offeror which must provide sufficient technical information necessary for the Government to conclusively determine that the offered items, components, and services meet or exceed the technical l requirement identified above. Offerors shall specifically address the performance specification and support same with submitted technical specification, descriptive material, literature, brochures scientific publication where propose solution has been used for same or similar purpose, and other information which demonstrates the capability of the offered solution at meeting or exceeding the state needs of the VHA. Prices: provide detailed price quotes for each items/component proposed to meet the schedule pf items. Include the firm's DUNS number with quote. The post-warranty maintenance periods will not be funded at the time of equipment purchase, if exercised, funding will be obligate individually for additional years required. The government is not responsible for locating or securing any information, which is not identified in the proposal however the Government reserves the right to obtain information for use the in the evaluation from any and all sources including sources outside the Government. Service Contract Act Exemption This solicitation is being issued under the premise that the contractor will certify that the post warranty maintence/repair service are exempt from the Service Contract Act then Clause 52.222-51 will flow per usual from this solicitation to the resulting order. Offeror shall complete the certification as applicable in the provision at FAR provision 52.212-3(k) or FAR 52.222-48 (see below) for the application of the Service Contract Act (SCA). The offeror must certify that the maintenance 'service it will propose to fulfil this requirement is exempt from the Service Act per condition set forth in FAR 22.1003-4©. If the positive certification is provided the FAR Clause at 52.222-41, 52.222-46 and 52.222-43 shall be incorporated and the applicable SCA wage determinations at the delivery; location shall become part in any resultant contract Wage Determination NO: 2005-2035, Rev 17, dated 07/08/2016 which can be found at: 52.222-48 -- Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Certification. As prescribed in 22.1006(e)(1), insert the following provision: Exemption From Application Of The Service Contract Labor Standards to Contracts for Maintenance, Calibration, Or Repair Of Certain Equipment -- Certification (May 2014) (a) The offeror shall check the following certification: CERTIFICATION The offeror [ ] does [ ] does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) 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. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute- (1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. The Department of Veteran Affairs Research Department (VHA) requires a LCM Instrument ArcturusXT-Ti with post-warranty. The VHA research involves the study of genetic alterations that occur in tumors and other lesion requires molecular analysis in defined cell populations. Tissues are composed of multiple cell types that differ from each other by histogensis and functions. Therefore, the use of tissue homogenates does not allow detection of changes in a specific target cell-type. Laser capture ArcturusXT Microdissection (LCM) provided an easy and rapid method for the isolation of morphologically defined cells and structures from complex tissue. This eliminates the problems of cell-types heterogeneity within tissue sample by providing homogeneous material for the further analysis. Performance requirements; - Office of Research and Development STATEMENT OF WORK/ PERFORMANCE WORK STATEMENT A. GENERAL INFORMATION 1. Title of Project: Arcturus XT-TI Laser Capture Microscope and EVOS®FL Imaging System 2. Scope of Work: The Office of Research and Development is submitting this acquisition proposal on behalf of Stuart Spechler, MD, for the purchase of an Arcturus XT-TI Laser Capture Microscope and EVOS®FL Imaging System. This instrument is a flexible monochromator-based multi-mode microplate reader. The monochromator optics uses a third generation quadruple grating design that allows working at any excitation or emission wavelength with a 1 nm step. This system supports top and bottom fluorescence intensity, UV-visible absorbance and high performance luminescence detection. It is the ideal system for all the standard microplate applications found in a research laboratory. This is a one-time purchase with a four-year field warranty. The following items are required for this acquisition. Currently, Life Technologies, a part of ThermoFisher Scientific, Inc. EVOS FL AMF4300, for the acquisition of these items, plus a four-year field warranty: ZGEXSCEVOSFLM4Y EVOS FL AMF4300 QTY. PART DESCRIPTION 1 AMF4300 (line item 1) EVOS FL is a fully digital 5 channel (4 fluorescence channels + phase contrast channel) sequential imaging system that provides the capability of brightfield/phase contrast and fluorescence image with onboard image modules for time lapse, transfection collection, manual object counting and on screen image review. EVOS FL is a compact all in one compact design microscope with built in high resolution CCD camera and ergonomic LCD monitor for ease of viewing at any angle. EVOS FL can be used anywhere in the lab, benchtop, desktop or hood for fast, reproducible, publication quality images without the need of a darkroom. All images may be stored in jpeg, tiff, and png direct to USB drive with no proprietary formats or software needed. 1 each (Quote line items 3 - 12) These components are included and required for proper operation of the EVOS FL microscope and comprise objectives, LED filters, specimen holder. 1 BASIC WEBEX TRAINING 1 For Research Use Only. Not intended for any animal or human therapeutic or diagnostic use. Some of the highlights of the EVOS FL instrument include: a) EVOS FL contains cell imaging system, digital camera, high power fluorescence lighting and LCD display. Like getting 2 instruments in 1 box. aka Extremely Sensitive, Repeatable results for our assays. b) EVOS FL has independent high output LED illumination cubes (light cubes) with integrated hard coated fluorescence band-pass excitation and emission filters for each cube. The system automatically recognized which cube is installed and adjusts the software. Allows for tight control and Extremely Sensitive, Repeatable results for our assays. c) EVOS FL image capture software is the most advanced user-friendly software available free downloadable software upgrades. Essential with teaching numerous graduate students to operate an instrument d) EVOS FL sequentially acquires a phase contrast image and a fluorescence image with a single mouse click, then overlays them automatically. Flexibility and Sensitivity in one instrument. e) The system provides 4 LED cubes slots for easy fast multi-channel image collection and automatic image overlay with no special software or computer needed. Important for working with novel fluorochromes and multiple fluorochromes at once in one platform. f) The EVOS FL system does not require a special or dedicated a dark room. Essential for space saving in the laboratory. Salient Characteristics include: a) The ArcturusXT is the only system that offers the dual laser microdissection technology. The solid-state IR laser (810nm), exclusive to the ThermoFisher microdissection platform, delivers a gentle capture technique that preserves biomolecular integrity and is ideal for single cells and small numbers of cells. The solid-state UV laser permits unprecedented speed and precision and is well-suited for micro dissecting dense tissue structures and for capturing large numbers of cells. The enhanced UV Laser that features a 0.6-300mW power density, 60uJ pulse energy, 0.01-5kHz adjustable repetition rate, adjustable cutting speed, 590), Blue (450-490 nm,>515 nm) UV (325-375 nm, >420 nm) fluorescence filters; and a motorized stage that is trackball-actuated in X and Y axes with 1 ?m precision e) The ArcturusXT includes a graphical software user interface which enables a simplified workflow for all users. f) The ArcturusXT employs a high sensitivity CCD camera for unparalleled image quality during microdissection. g) The ArcturusXT allows ultimate sample flexibility. It does not require any special tissue mounting or slide preparation for samples intended for microdissection. Microdissection may be performed on fixed tissues sections, paraffin-embedded tissue sections, frozen sections, fixed cytological smears, forensic smears, and cell cultures. The ArcturusXT is completely compatible with all commonly available slide types (standard glass, membrane glass, and framed membrane) to facilitate complete flexibility in sample preparation. Permits the use of thicker sections, as well as hydrated or dehydrated specimens. h) The ArcturusXT includes a Petri Dish Stage Insert that accommodates 50mm x 7mm Petri dishes for laser microdissection of live cells while in media. i) The ArcturusXT is an integral part of the Applied Biosystems' Systems for Microgenomics®, a subject of hundreds of peer reviewed publications of more than 100 journals worldwide, and over 1,200 platform installations. 3. Background: The EVOS FL acquisition is a replacement for a 2000 Nikon Microscope (serial number 413278) which is non-working due failure of the camera system to interface with the computerized image analysis software. The item was evaluated by a technical support representative of Nikon. Due to the age of the unit and its hardware, it was not possible to simply purchase a new camera or a new computerized imaging unit. Rather, it was advised to purchase a replacement instrument. The features listed above for the EVOS FL is the new replacement instrument that is essential to research. 4. Performance Period: All equipment shall be delivered and installed within 30 calendar days of award, unless otherwise specified. 5. Type of Contract: This is a Firm Fixed Contract. B. GENERAL REQUIREMENTS 1. All written deliverables (if necessary) shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms. 2. Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 15 calendar days from the date of receipt. The contractor shall have 15 calendar days to deliver the final deliverable from date of receipt of the Government's comments. C. SCHEDULE FOR EQUIPMENT DELIVERY 1. The contractor shall provide the CO and COR with the following deliverables: o Approximate scheduled date for equipment delivery o Approximate date for technical installation and set-up o Approximate date for user training 2. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations. D. CHANGES TO STATEMENT OF WORK Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor. E. RECORDS MANAGEMENT 1. Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. 2. 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. 3. 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. 4. 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. 5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract or identified in the RCS 10-1. 6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. 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. 8. 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.]. 9. 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. 10. 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. F. TRAVEL There is no travel being requested for this contract. G. GOVERNMENT RESPONSIBILITIES: The Government shall render timely payment to all accurate invoices submitted to the Department of Veteran Affairs-Invoice Payment Processing System (IPPS), within 30 business days. H. CONTRACTOR EXPERIENCE REQUIREMENTS The government will determine on a COR basis what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this task order at the time the work is being negotiated. If a key person becomes unavailable to complete the COR, the proposed Substitutions of key personnel shall be made only as approved directed by the Contracting Officer and the COR. The government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein. The contractor shall submit a resume of qualifications for the COR and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, non-key personnel Contractor personnel are no longer available, HES/HIS reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications set forth in the COR. Team personnel proposed by the contractor should possess some of the following knowledge and/or skills: The contractor must notify VHA in advance and we will approve or reject proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications to the COR for key personnel and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, Contractor personnel are no longer available, the VHA will approve the qualifications of proposed replacement personnel and will reject individuals who do not meet qualifications set forth herein. The contractor must inform the VHA COR and Project Manager/Task Manager when personnel are removed from the contract for any reason. The Contractor shall remove any employee from the performance of this contract within five (5) workdays of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons. o The contractor must inform the VHA COR and Project Manager/Task Manager when personnel are removed from the contract for any reason. o If a key person becomes unavailable to complete the COR, proposed Substitutions of key personnel shall be made only if approved by the COR and Project Manager. o The contractor shall submit a resume of qualifications to the COR for all direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. I. CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: 1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. 2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response. 3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. J. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS 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 subcontractor personnel requiring the same access. 1. Position Sensitivity - The position sensitivity has been designated as Low Risk. 2. Background Investigation - The level of background investigation commensurate with the required level of access is Minimum. 3. Contractor Responsibilities a. 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. b. The contractor shall submit or have their employees submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt. c. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract. d. Failure to comply with contractor personnel security requirements may result in termination of the contract for default. 4. Government Responsibilities a. 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. b. Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy, and forward the forms to the office of Personnel Management (OPM) to conduct background investigations. c. The VA Office of Security and Law Enforcement will notify the CO, and contractor, of adjudication results received from OMB. d. Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor.
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