36C10B24Q0246 - RFQ Symplr.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C10B24Q0246 05-01-2024

Chanté Frith, Contract Specialist 848-377-5205 05-08-2024

10:00 AM ET

36C10B Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

541511

$34.0M

N/A

X

See Delivery Schedule

36C10B

Department of Veterans Affairs Technology Acquisition Center

36C10A

Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

Title: Symplr Credentialing Software and Training

Contract Specialist: Chanté Frith, Chante.Frith@va.gov

Contracting Officer: Matthew J. Truex, Matthew.Truex1@va.gov

See CONTINUATION Page x X

Matthew J. Truex

36C10B24Q0246

Table of Contents

SECTION A ………………………………………………………………………………………………1

A.1 SF1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES …………………………………………………………….1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 GOVERNING LAW CLAUSE

B.3 SOFTWARE LICENSE, SOFTWARE MAINTENANCE AND SOFTWARE

TECHNICAL SUPPORT:

B.4 PRICE SCHEDULE

B.5 PRODUCT DESCRIPTION

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E – SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS ICORPORATED BY REFERENCE

(FEB 1998)

E.2 52.204-12 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (SEP 2023)

E.4 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS —

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 BASIS FOR AWARD

E.10 SUBMISSION INSTRUCTIONS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10B Matthew J. Truex

Technology Acquisition Center

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] IAW Section B.4 Schedule

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

https://www.fsc.va.gov/fsc/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 GOVERNING LAW CLAUSE

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14.

Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.3 SOFTWARE LICENSE, SOFTWARE MAINTENANCE AND SOFTWARE

TECHNICAL SUPPORT:

(1). Definitions.

a) Licensee. The term “licensee” shall mean the U.S. Department of

Veterans Affairs (“VA”) and is synonymous with “Government.”

b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired.

The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order.

c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements, or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

(2). Software License.

a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software.

b) The Government may use the software in a networked environment.

c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

d) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Performance Work Statement/Product Description.

(3). Software Maintenance and/or Technical Support.

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services.

b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers to cause the software to perform according to its specifications, documentation or demonstrated claims.

c) Any telephone support provided by Contractor shall be at no additional cost.

d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the Performance Work Statement or Product Description. However, prolonged delay (exceeding two business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).

e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4). Disabling Software Code.

The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out, or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

(5). Manuals and Publications.

http://www.cpars.gov/

Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost.

B.4 PRICE SCHEDULE

NOTE: Vendors are instructed to complete Section B.4 and submit with their quote.

Vendors are cautioned that alterations to the line items as specified below may render quotes unacceptable. All questions shall be directed to the Contract Specialist Chante.Frith@va.gov and Contracting Officer, Matthew.Truex1@va.gov to the closing date and time specified in the Request for Quote (RFQ).

NOTE: The Offeror shall provide all costs as listed within the Price Schedule (i.e.

all maintenance and support tasks), regardless of whether the Offeror has any Enterprise Service Agreements with the Original Equipment Manufacturer. The prices to be quoted shall NOT be impacted/adjusted based on any Enterprise Service Agreements a vendor has with the Original Equipment Manufacturer.

SCHEDULE OF SERVICES/DELIVERABLES

CLIN CLIN Description QTY Unit Unit Price Total Price Base Period

Software delivery, installation, and training shall be complete within thirty (30) days of contract award.

Licensing and support shall be 12-months from Government acceptance.

SYMPLR CREDENTIALING SOFTWARE AND

TRAINING in accordance with (IAW) PD Section 2.0.

This Firm-Fixed Price (FFP) Contract Line Item Number (CLIN) shall include licensing, updates, support, training and deliverables required for the successful completion of the services detailed in PD Paragraph 2.0 including subparagraphs.

Period of Performance (PoP): Software delivery, installation, and training shall be complete within thirty (30) days of contract award. Licensing and support shall be 12-months.

Inspection: Destination Acceptance: Destination

LOT

SYMPLR DATA CONVERSION in accordance with (IAW) PD Section 2.0 including subparagraphs.

Data Conversion shall be complete within thirty (30) days of contract award.

1 LOT

mailto:Chante.Frith@va.gov mailto:Matthew.Truex1@va.gov

Inspection: Destination Acceptance: Destination

Deliverable: FedRAMP ATO Package

Inspection: Destination

Distribution: CO/CS/PM

Not Separately Priced (NSP)

NSP

Total Price Base Period:

OPTION PERIOD 1

This 12-month option period may be exercised in accordance with FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000). Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, the Period of Performance shall be 12 months from expiration of the base period.

SYMPLR CREDENTIALING SOFTWARE AND

TRAINING in accordance with (IAW) PD Section 2.0.

This Firm-Fixed Price (FFP) Contract Line Item Number (CLIN) shall include licensing, updates, support, training and deliverables required for the successful completion of the services detailed in PD Paragraph 2.0 including subparagraphs.

(PoP): 12 months

Inspection: Destination

1 LOT

Total Price Option Period 1:

Option Period 2 This 12-month option period may be exercised in accordance with FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000). Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, the Period of Performance shall be 12 months from expiration of option period 1.

SYMPLR CREDENTIALING SOFTWARE AND

TRAINING in accordance with (IAW) PD Section 2.0.

This Firm-Fixed Price (FFP) Contract Line Item Number (CLIN) shall include licensing, updates, support, training and deliverables required for the successful completion of the services detailed in PD Paragraph 2.0 including subparagraphs.

(PoP): 12 months

Total Price Option Period 2:

Grand Total Price including all Options:

B.5 PRODUCT DESCRIPTION

PRODUCT DESCRIPTION (PD) TEMPLATE

DEPARTMENT OF VETERANS AFFAIRS

Veterans Healthcare Administration

Veterans Integrated Service Network (VISN) 10

Symplr Credentialing Software and Training

Date: April 18, 2024

VA-24-00014978

PD Version Number: 1.0

1.0 PRODUCT REQUIREMENTS

The contractor shall provide brand name Symplr Credentialing Management Software Licenses, Support and Training for the continued use of the Medical Staff Office PrivPlus Credentialing Software now under the name Symplr Credentialing Software.

Symplr provides all required credentialing documentation, templates, tracking and reporting that the unavailable in the Department of Veterans Affairs VetPro fails to provide. The Symplr Credentialing Management Software Licenses and Support is for a base period of 12-months, with (2) two 12-month option periods. Software delivery, installation and training shall occur with 30 days of contract award.

2.0 BACKGROUND

PrivPlus is a database software used nationally by Credentialing & Privileging to offset various data metrics currently unavailable in VetPro. These include but are not limited to tracking of departmental specialties, who’s board certified vs who is not, licensure, certification, Drug Enforcement Administration (DEA) registration tracking reports, ability to track privileges held by providers, create verification of privileges held and affiliation letters of providers past and present. Symplr is currently the owner of the software and as of December 31, 2023, will no longer be supporting the software with updates and help desk support. In the past the licensing agreement was purchased yearly by the facilities and then a national contract was procured, however, due to PrivPlus being end of life, a national contract will no longer be funded as of December 31, 2023. VA Palo Alto has been selected as the site to initiate a VISN 10 Contract to implement the Symplr system as the PRIVPlus system is end of life, requiring VISN 10 to purchase the upgrade to Symplr system in order to continue the use of all archived PRIVPlus data and reporting functions. The Credentialing and Privileging Office, V10 facilities have been using PRIVPlus for all Credentialing documentation and tracking since January 1, 1996. PRIVPlus has archived data for all Licensed Independent Practitioners that had previously held privileges and appointments. This archived data is invaluable as the Medical Staff Office uses this archived data to provide appointment and privileging verifications on past employees and provide Risk Management with appointment dates for past employees for claims verification requests. Currently the PRIVPlus system provides all reappointment reports, license expiration, DEA expiration and Certificate expiration reports by section and service which the VA VetPro system is incapable of currently providing.

2.1 REQUIRED SPECIFICATIONS

a. Annual Software Licenses (unlimited users) shall be available immediately upon contract award.

b. Symplr Data Conversion from PrivPlus to Symplr of all archived Licensed Independent Practitioner (LIP) and current LIP credentialing files.

c. Symplr Data Conversion of all VetPro Data for LIP and Non-LIP credentialing files.

d. Symplr shall provide training for each site at the completion of installation.

Training shall be conducted by Symplr through virtual training sessions. Training shall be provided to the eleven (11) VISN 10 facilities, for a total of 92 current employees within Credentialing and Privileging departments. There shall be group trainings provided along with individual facility trainings as needed.

e. Symplr personnel shall be available for full support throughout the implementation/upgrade from PrivPlus to Symplr. The implementation shall be the conversion of PrivPlus to sProvider which shall take place by Smyplr virtually.

Support shall be provided virtually and shall provide full support from implementation to active use of the new system.

f. Continued license and support of the Current PrivPlus software shall continue through the upgrade to Symplr.

g. Smyplr shall offer an on-premise solution and shall be FedRamp approved.

h. The systems to be covered and supported are at the following VISN 10 facilities.

The specific locations for each site and estimated number of providers are noted under each location.

Ann Arbor VAMC 2215 Fuller Rd Ann Arbor, MI 48105 2612 providers

Battle Creek VAMC 5500 Armstrong Rd Battle Creek, MI 49037 1054 Providers

Chillicothe VAMC 17273 State Route 104 Chillicothe, OH 45601 831 Providers

Chalmers P. Wylie VAMC 420 N. James Rd Columbus, OH 43219 1337 Providers

Cincinnati VAMC 3200 Vine St.

Cincinnati, OH 45220 2083 Providers

Cleveland VAMC 10701 East Boulevard Cleveland, OH 44106 4541 Providers

Dayton VAMC 4100 W 3rd St.

Dayton, OH 45428 1897 Providers

John D. Dingell VAMC 4646 John R St Detroit, MI 48201 1507 Providers

Richard L. Roudebush VAMC 1481 W 10th St Indianapolis, IN 46202 2567 Providers

Northern Indiana VAMC 1700 E 38th St Marion, IN 46953 1150 Providers

Aleda E. Lutz VAMC 1500 Weiss St Saginaw, MI 48602 1014 Providers

2.2 PERFORMANCE REQUIREMENTS

a. PERIOD OF PERFORMANCE: 12-month base period, with (2) two 12-month option periods.

*PrivPlus will remain in effect until the new sProvider system is converted and fully functional to utilize by the Credentialing and Privileging (C&P) departments. PrivPlus licensure originally was to end on 12/31/2023 but has been extended by Smyplr until new system is established.

b. CONFORMANCE STANDARDS: The Contractor shall provide installation services and ensure that the software functions in accordance with the software manufacturer's technical performance specifications. The Contractor shall conform to all regulations to include but not be limited to federal, state, and local governing any chemicals, equipment or work which may be used or performed in the work under this contract.

c. DELIVERABLES: The following list itemizes the deliverables that shall be provided through this procurement:

1. Software delivery, installation, and training shall be complete within thirty (30) days of contract award.

2. Licensed software, downloads from the internet will be available immediately upon contract award.

3. The contractor shall provide all software updates upon release throughout the life of this contract.

2.3 AUTHORITY TO OPERATE

FedRAMP References that are applicable to this section are located at: Search For Any FedRAMP Policy or Guidance Resource | FedRAMP.gov

The Contractor shall:

1. Certify that the information system solution selected by the Contractor for the proposed solution complies with the FISMA.

2. Verify that the information system solution selected by the Contractor for the proposed solution complies with FedRAMP requirements as mandated by Federal laws and policies, including making available any documentation, physical access, and logical access needed to support this requirement.

3. Create, maintain and update the following documentation using FedRAMP requirements and templates, which are available at www.FedRAMP.gov. The FedRAMP Authority to Operate (ATO) package is comprised of this documentation:

• Privacy Impact Assessment (PIA)

• FedRAMP Test Procedures and Results

• Security Assessment Report (SAR)

• System Security Plan (SSP)

• IT System Contingency Plan (CP)

• IT System Contingency Plan (CP) Test Results

• Plan of Action and Milestones (POA&M)

• Continuous Monitoring Plan (CMP)

• FedRAMP Control Tailoring Workbook

• Control Implementation Summary Table

• Results of Penetration Testing

• Software Code Review

• Interconnection Agreements/Service Level Agreements/Memorandum of

Agreements

4. Apply the appropriate set of baseline controls in accordance with VA’s categorization of the system (as defined in FIPS 199), as required in the FedRAMP Security Requirements Baseline document to ensure compliance to security standards.

https://www.fedramp.gov/documents-templates/ https://www.fedramp.gov/documents-templates/ http://www.fedramp.gov/

5. Obtain a VA ATO for the proposed solution using the VA Assessment and Authorization (A&A) Process. This effort includes developing or updating any A&A documentation, conducting testing and scans, and recording test results.

6. Maintain a security management continuous monitoring environment based upon the latest edition of FedRAMP Security Controls Baseline and FedRAMP Continuous Monitoring Strategy Plan.

7. Have the information systems for the proposed solution assessed by an accredited Third Party Assessment Organization (3PAO) to support initial authorization and whenever there is a significant change to the system’s security posture in accordance with the FedRAMP Continuous Monitoring Plan.

8. Afford VA access to the Contractor’s and Cloud Service Provider’s facilities, installations, technical capabilities, operations, documentation, records, and databases to the extent required to carry out the FedRAMP A&A process and FedRAMP continuous monitoring, to safeguard against threats and hazards to the security, integrity, and confidentiality of any non-public VA data collected and stored by the Contractor.

9. Comply with all VA and FedRAMP privacy requirements.

10. Track all identified gaps between required FedRAMP Security Control Baselines and

Continuous Monitoring controls and the Contractor’s implementation, as documented in the Security Assessment Report, for mitigation in a Plan of Action and Milestones (POA&M) document. Depending on the severity of the gaps, the VA may require them to be remediated before a provisional authorization is issued.

11. Not release any data without the consent of VA in writing. All requests for release shall be submitted in writing to the COR/CO.

12. Label FedRAMP deliverables as “CONTROLLED UNCLASSIFIED INFORMATION (CUI)” or Contractor selected designation per document sensitivity. The Contractor shall encrypt external transmission/dissemination of FOUO and CUI to or from a VA computer. Certified encryption modules shall be used in accordance with FIPS PUB 140-2, “Security requirements for Cryptographic Modules.”

If new or unanticipated threats or hazards are discovered by the Contractor, or if the Contractor notices that existing safeguards have ceased to function, the Contractor shall immediately bring the situation to the attention of the VA COR/CO in accordance with the Service Level Agreement (SLA) and security clause of Appendix B. If new or unanticipated threats or hazards are discovered by VA, or if VA notices that existing safeguards have ceased to function, VA will immediately bring the situation to the attention of the Contractor in accordance with the SLA and security clause of Appendix B.

VA has the right to perform manual or automated audits, scans, reviews, or other inspections of the vendor’s IT environment being used to provide or facilitate services for the VA.

VA may choose to stop-work and/or terminate the task order if the Contractor has its ATO revoked and the deficiencies are greater than VA risk tolerance thresholds.

VA reserves the right to perform Penetration Testing. If VA exercises this right, the Contractor shall allow VA employees (or designated third parties) to conduct Security

Assessment activities to include control reviews in accordance with FedRAMP requirements.

Deliverable:

A. FedRAMP ATO Package

3.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PROCUREMENTS (SECTION 508)

On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

3.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT.

These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request.

Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)

E204 Functional Performance Criteria E206 Hardware Requirements E207 Software Requirements https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule

E208 Support Documentation and Services Requirements

3.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

3.3 ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery.

The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

4.0 INFORMATION TECHNOLOGY USING ENERGY-EFFICIENT PRODUCTS

Not applicable

4.1 EPEAT

EPEAT product compliance is not required in this acquisition.

4.2 ENERGY STAR

Energy Star compliance is not required in this acquisition.

4.3 FEMP

FEMP or FEMP low standby power product compliance is not required in this acquisition.

5.0 SYSTEM ACCEPTANCE TESTING

Not Applicable

6.0 SHIPMENT OF SOFTWARE

Acceptance: Destination Free on Board (FOB): Destination

Ship To and Mark For: All software and software licenses will be delivered electronically.

6.1 SPECIAL SHIPPING INSTRUCTIONS

6.2 NATIONAL ACQUISITIONS

7.0 GENERAL REQUIREMENTS

7.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OIT Technical Reference Model (VA TRM). The VA TRM is one component within the overall Enterprise Architecture (EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the Standards Profile and Product List, serves as a technology roadmap and tool for supporting OIT. Architecture & Engineering Services (AES) has overall responsibility for the VA TRM.

7.2 SOCIAL SECURITY NUMBER (SSN) REDUCTION

The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.

7.3 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support Internet Protocol Version 6 (IPv6) based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020

(https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). IPv6 technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices shall support native IPv6 and dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g.

web, email, DNS, ISP services, etc.) shall support native IPv6 and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall communicate using native IPv6 and dual stack (IPv6 / IPv4) operations.

7.4 SOFTWARE AND LICENSING REQUIREMENTS

The Contractor shall be responsible for the provision of all software licenses and any associated licensing maintenance required for any development, delivery, integration, operation, and/or maintenance associated with its proposed application(s), software products, software solution, and/or system including, but not limited to, any and all application(s), software and/or software products that comprise, are a part of, or integrate with the Contractor’s proposed application(s), software products, software solution, and/or system for the life of any resulting contract.

7.5 POSITION/TASK RISK DESIGNATION LEVEL(S)

Position Sensitivity and Background Investigation Requirements by Service Task/Item Number Service Task/ Item Number

Tier1 / Low Risk Tier 2 / Moderate Risk

Tier 4 / High Risk

1.0

2.0 (including subparagraphs)

The Tasks identified above and the resulting Position Sensitivity and Background Investigation requirements identify, in effect, the Background Investigation requirements for Contractor individuals, based upon the tasks the particular Contractor individual will be working. The submitted Contractor Staff Roster must indicate the required Background Investigation Level for each Contractor individual based upon the tasks the Contractor individual will be working, in accordance with their submitted proposal.

INFORMATION SECURITY CONSIDERATIONS:

The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf file://R04.med.va.gov/V03/EAS/Users/vhaeasWymbsk/TEMPLATES--NEW%20TAC%20PROCESS/PWS%20TEMPLATE%20(DO%20NOT%20TOUCH)%20-%20In%20Process%20Revisions/DO%20NOT%20TOUCH%20(next%20version/IPv6/(https:/www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1 file://R04.med.va.gov/V03/EAS/Users/vhaeasWymbsk/TEMPLATES--NEW%20TAC%20PROCESS/PWS%20TEMPLATE%20(DO%20NOT%20TOUCH)%20-%20In%20Process%20Revisions/DO%20NOT%20TOUCH%20(next%20version/IPv6/(https:/www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1 https://doi.org/10.6028/NIST.SP.500-267Br1 https://doi.org/10.6028/NIST.SP.800-119

All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO)’s for all systems/LAN’s accessed while performing the tasks detailed in this Product Description.

A prohibition on unauthorized disclosure: “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).

A requirement for data breach notification: Upon discovery 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, the Contractor/Subcontractor shall immediately notify the COR and simultaneously, the designated ISO, and Privacy Officer for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a.

A requirement to pay liquidated damages in the event of a data breach: “In the event of a data breach or privacy incident involving SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of providing credit protection services to those individuals.” However, it is the policy of VA to forgo collection of liquidated damages in the event the Contractor provides payment of actual damages in an amount determined to be adequate by the agency.

Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to VA liquidated damages in the amount of $37.50 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

A requirement for annual security/privacy awareness training: “Before being granted access to VA information or information systems, all Contractor employees and Subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA’s security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the Contractor. If the Contractor provides their own training that conforms to VA’s requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA’s contract have received their annual security/privacy training that meets VA’s requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

A requirement to sign VA’s Rules of Behavior: “Before being granted access to VA information or information systems, all Contractor employees and Subcontractor employees requiring such access shall sign on annual basis an acknowledgement that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract.” See VA Handbook 6500.6, Appendix C, paragraph 9, and Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA’s information and information systems.

ADDENDUM B – VA INFORMATION AND INFORMATION SYSTEM

SECURITY/PRIVACY LANGUAGE

APPLICABLE PARAGRAPHS TAILORED FROM: THE VA INFORMATION AND

INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE, VA HANDBOOK

6500.6, APPENDIX C, MARCH 12, 2010

B1. GENERAL

Contractors, Contractor personnel, Subcontractors, and Subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A Contractor/Subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, Subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All Contractors, Subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates (e.g. Business Associate Agreement, Section 3G), the Contractor/Subcontractor must state where all non-U.S.

services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The Contractor or Subcontractor must notify the CO 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 CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.

B3. VA INFORMATION CUSTODIAL LANGUAGE

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 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).

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 information is returned to 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.

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 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 CO within 30 days of termination of the contract.

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 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.

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.

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. If a VHA contract is terminated for cause, the associated Business Associate Agreement (BAA) must also be terminated and appropriate actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements.