589-20-1-4731-0052 Centricity Quotation, GE MEDICAL SYTEMS INFORMATION, WI
Centricity PACS Service Contract
STATEMENT OF WORK
Period of Performance
The contract shall consist of one base year of coverage with two option years.
Required Service
This acquisition is for support of GE Healthcare Centricity Patient and Archiving Systems
(PACS) and its software platforms: CA1000 and RA600. Centricity PACS is used by
radiologists and clinicians for its ability to support 3D reconstruction imaging. Centricity pulls
data from the patient record to see prior exams and other patient reports for comparison. The
system runs from a central platform and includes the ability to pull scheduling and billing
information as well as prioritize urgent cases and reconfigure schedules to minimize
interruption. Contractor will provide remote and onsite service of Centricity CA1000 and
RA600 and as defined in this Statement of Work for the Robert J. Dole VA Medical Center,
Wichita, Kansas 67218.
Coverage
Coverage includes priority scheduling for service calls, all labor and travel during standard hours of coverage (Monday Friday 7 am to 7 pm, excluding federal holidays), unlimited technical service support.
Unlimited software support will be provided by the contractor during standard hours of coverage (Monday Friday 7 am to 7 pm, excluding federal holidays).
Response Time - The contractor is required to respond on-site within eight business hours after Healthcare Technology Management (Biomed) has placed the service call if remote support is unable to correct malfunction.
All Centricity software updates will be provided during the term of the contract.
Special Work Requirements
All services for this contract must meet manufacturer s performance and technical
specifications, Federal Regulations, and other specifications that may apply such as National Electric Code (NEC), Life Safety Code (LSC), Joint Commission (JC), and VA Directives.
At no time will the contractor perform any services that will result in additional charge to the
Government unless receiving written occurrence from the contracting officer.
The contractor will only respond to service calls placed by the Robert J. Dole VA Healthcare
Technology Department (HTM) and will contact Biomed prior to each visit to schedule specific days and times for the visit. Upon arrival at the VA, the Contractor will report to Building 20, room 103 to receive a visitor s badge for access into the facility.
Preventive maintenance inspections shall be scheduled with HTM staff, giving a minimum of three (3) normal working days advance notice prior to arrival. A preventive maintenance inspection may be combined with an emergency service call only when advance notice has been given. The Contractor must inform HTM at the time of inspection that a combined service and inspection is to be performed.
Contractor will submit a list of company holidays.
The Contractor will report and sign in before work is begun on the premises and also sign
out after work has been completed at Engineering Service, Bldg. 20, Rm. 103.
Individual service reports for every inspection, calibration, certification or service call will be
submitted at the time of sign out or submitted electronically within 24 hours to HTM at
VHAWICWICHITABIOMED@va.gov . The Contractor will indicate on the service report the
detailed, specific maintenance which was performed, all parts replaced, and hours of labor
required. Failure to provide the service slips may be cause for delay in payment of services
performed.
Contractor will guarantee a 99.9% uptime for Centricity PACS.
Contract Security
Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).
The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.
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
6.1. 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.
6.2 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.
6.3 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
7.0 VA INFORMATION CUSTODIAL LANGUAGE
7.1 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).
7.2 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.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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.
7.9 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.
7.10 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.
7.11 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.
7.12 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.
Information System Hosting, Operation, Maintenance, or Use
For information systems that are hosted, operated, maintained, or used on behalf of VA
at non-VA facilities, contractors/subcontractors are fully responsible and accountable for
ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security
and privacy directives and handbooks. This includes conducting compliant risk
assessments, routine vulnerability scanning, system patching and change management
procedures, and the completion of an acceptable contingency plan for each system. The
contractor s security control procedures must be equivalent, to those procedures used
to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the
COTR and approved by VA Privacy Service prior to operational approval. All external
Internet connections to VA s network involving VA information must be reviewed and
approved by VA prior to implementation.
Adequate security controls for collecting, processing, transmitting, and storing of
Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.
Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or
network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.
The contractor/subcontractor s system must adhere to all FISMA, FIPS, and NIST
standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA s POA&M management process. The contractor/subcontractor must use VA s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.
The contractor/subcontractor must conduct an annual self assessment on all systems
and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.
VA prohibits the installation and use of personally-owned or contractor/subcontractor-
owned equipment or software on VA s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.
All electronic storage media used on non-VA leased or non-VA owned IT equipment that
is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.
Bio-Medical devices and other equipment or systems containing media (hard drives,
optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:
(1) Vendor must accept the system without the drive;
(2) VA s initial medical device purchase includes a spare drive which must be installed in
place of the original drive at time of turn-in; or
(3) VA must reimburse the company for media at a reasonable open market replacement
cost at time of purchase.
(4) Due to the highly specialized and sometimes proprietary hardware and software
associated with medical equipment/systems, if it is not possible for the VA to retain the
hard drive, then;
The equipment vendor must have an existing BAA if the device being traded in
has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and
Any fixed hard drive on the device must be non-destructively sanitized to the
greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.
A statement needs to be signed by the Director (System Owner) that states that
the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.
Security Incident Investigation
The term security incident means an event that has, or could have, resulted in
unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
To the extent known by the contractor/subcontractor, the contractor/subcontractor s
notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
With respect to unsecured protected health information, the business associate is
deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
In instances of theft or break-in or other criminal activity, the contractor/subcontractor
must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
Liquidated Damages For Data Breach
10.1 Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to
sensitive personal information. If so, the contractor is liable to VA for liquidated
damages in the event of a data breach or privacy incident involving any SPI the
contractor/subcontractor processes or maintains under this contract.
10.2 The contractor/subcontractor shall provide notice to VA of a security incident as set
forth in the Security Incident Investigation section above. Upon such notification, VA
must secure from a non-Department entity or the VA Office of Inspector General an
independent risk analysis of the data breach to determine the level of risk associated
with the data breach for the potential misuse of any sensitive personal information
involved in the data breach. The term 'data breach' means the loss, theft, or other
unauthorized access, or any access other than that incidental to the scope of
employment, to data containing sensitive personal information, in electronic or printed
form, that results in the potential compromise of the confidentiality or integrity of the
data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure
to cooperate may be deemed a material breach and grounds for contract termination.
10.3 Each risk analysis shall address all relevant information concerning the data breach,
including the following:
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
(b) data elements involved, including any PII, such as full name, social security
number, date of birth, home address, account number, disability code;
(3) Number of individuals affected or potentially affected;
(4) Names of individuals or groups affected or potentially affected;
(5) Ease of logical data access to the lost, stolen or improperly accessed data in
light of the degree of protection for the data, e.g., unencrypted, plain text;
(6) Amount of time the data has been out of VA control;
(7) The likelihood that the sensitive personal information will or has been
compromised (made accessible to and usable by unauthorized persons);
(8) Known misuses of data containing sensitive personal information, if any;
(9) Assessment of the potential harm to the affected individuals;
(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security
and Privacy Incidents, as appropriate; and
(11) Whether credit protection services may assist record subjects in avoiding or
mitigating the results of identity theft based on the sensitive personal
information that may have been compromised.
10.4 Based on the determinations of the independent risk analysis, the contractor shall be
responsible for paying to the VA liquidated damages in the amount of $______ per
affected individual to cover the cost of providing credit protection services to affected
individuals consisting of the following:
(1) Notification;
(2) One year of credit monitoring services consisting of automatic daily monitoring of
at least 3 relevant credit bureau reports;
(3) Data breach analysis;
(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts
and credit freezes, to assist affected individuals to bring matters to resolution;
(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible;
and
(6) Necessary legal expenses the subjects may incur to repair falsified or damaged
credit records, histories, or financial affairs.
Training
11.1 All contractor employees and subcontractor employees requiring access to VA
information and VA information systems shall complete the following before being granted
access to VA information and its systems:
Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;
Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
Successfully complete any additional cyber security or privacy training, as required
for VA personnel with equivalent information system access.
11.2 The contractor shall provide to the contracting officer and/or the COTR a copy of the
training certificates and certification of signing the Contractor Rules of Behavior for each
applicable employee within 1 week of the initiation of the contract and annually thereafter
as required.
11.3 Failure to complete the mandatory annual training and sign the Rules of Behavior annually,
within the timeframe required, is grounds for suspension or termination of all physical or
electronic access privileges and removal from work on the contract until such time as the
training and documents are complete.
Points of Contact
HTM Supervisor: Tracy Dunlap, 316-685-2221 x53739 james.dunlap3@va.gov
Contracting Officer Representative: Ryan J. Epley, 316-685-2221 x57995 ryan.epley@va.gov
36C25520Q0047 Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 15
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