36C10B24Q0731 FINAL.docx

36C10B24Q0731

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA-24-00010656

36C10B24Q0731 08-28-2024 Ethan Goldring, Contract Specialist (848)377-5153 09-05-2024

3:00PM EST

Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

513210 $47M

N/A X

See Delivery Schedule

23 Christopher Way

Eatontown NJ 07724

Medicom Technologies Inc 555 Fayetteville Street Suite 300 Raleigh, NC 27601

1 (844) 686-9599

Financial Services Center PO Box 149971 Austin TX 78714-8971

Title: Medicom Premium Connect Support – Sole Source

Type of Contract: Firm Fixed Price (FFP) Period of Performance: 12-month base period, with four 12-month option periods

This is a sole source acquisition IAW FAR 6.302-1.

POC: Ethan Goldring, Ethan.Goldring@va.gov Alternate POC: Edward Hebert, Edward.Hebert@va.gov

Edward Hebert Contracting Officer

Table of Contents

A.2 COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and an additional solicitation will not be issued.

i. Request for Quote (RFQ) 36C10B24Q0637

ii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-06(iv).

iii. This RFQ is being issued as a sole source contract action. The statutory authority permitting other than full and open competition for this acquisition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

iv. See Section B below for the Price Schedule.

v. See Section B below for the Product Description.

vi. The period of performance shall be shall be 12 months from date of award with four 12-month Option Periods and Optional Task for additional Support Services.

vii. The provision at 52.212-2, “Evaluation -- Commercial Items,” does not apply to this acquisition. See Section E below for the Evaluation procedures and Basis for Award.

viii. Offerors shall include a completed copy of the provision at 52.212-3, “Offeror Representations and Certifications -- Commercial Items,” with its offer. See Section E below for addenda.

ix. The clause at 52.212-4, “Contract Terms and Conditions -- Commercial Items,” applies to this acquisition. See Section C below for the addenda.

x. The clause at 52.212-5, “Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items,” applies to this acquisition. See Section C below for the addenda.

xi. See Section B below regarding requirements for required Software License, Maintenance, and Technical Support.

xii. Proposals are due by 3:00PM ET on September 5, 2024. Offerors shall submit Proposals via email to Ethan.Goldring@va.ago and Edward.Hebert@va.gov.

Please contact Contract Specialist Ethan Goldring at Ethan.Goldring@va.gov or Contracting Officer, Edward Hebert, Edward.Hebert@va.gov, for information regarding the solicitation.

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 SOFTWARE LICENSE, MAINTENANCE AND 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 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 so as 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 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.ppirs.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. 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.2 GOVERNING LAW

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 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

b. GOVERNMENT: Contracting Officer 36C10B Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

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

B.4 PRICE SCHEDULE

BASE PERIOD

Period of performance shall be 12 months from Date of Award.

Period of Performance shall be 12-months from date of award.

Electronic Submission to: VA PM, COR, CO

Inspection: destination Acceptance: destination FOB: Destination

Qty: 1 Lot = 50 hours

This Firm Fixed Price (FFP) Contract Line Item Number (CLIN) includes all labor and deliverables required for the successful completion of the services detailed IAW PD paragraph 1.2

Government approval of invoices for payment shall be subject to contractor’s successful completion of task requirements and associated deliverable required by the PD.

BASE PERIOD

OPTIONAL TASK

In accordance with FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item (MAR 1989), this Optional Task may be exercised a single time, at any time, at the Government’s discretion during the base period.

*This Optional Task may be exercised at any time, a single time, for up to 500 hours of support services in the base period IAW FAR 52.217-7, Option for increased quantity-separately priced line item. Work shall not commence unless and until a formal modification is issued by the Contracting Officer.

If exercised, the POP shall be up to 12 months from date of execution, and shall be co-terminus, ending on the same date for the Base Period.

OPTION PERIOD ONE

This 12-month option period may be exercised in the sole discretion of the Government in accordance with (IAW) FAR 52.217-9 Option to Extend the Term of the Contract. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, the 12-month option period is to commence immediately upon expiration of the base period.

Period of Performance shall be 12-months commencing immediately upon expiration of the Base Period.

Electronic Submission to: VA PM, COR, CO

Inspection: destination Acceptance: destination FOB: Destination

OPTION PERIOD ONE

In accordance with FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item (MAR 1989), this Optional Task may be exercised a single time, at any time, at the Government’s discretion during Option Period One.

Optional Task: Support Services IAW PD Paragraph 1.3.

*This Optional Task may be exercised at any time, a single time, for up to 500 hours of support services in the Option period IAW FAR 52.217-7, Option for increased quantity-separately priced line item. Work shall not commence unless and until a formal modification is issued by the Contracting Officer.

If exercised, the POP shall be up to 12 months from date of execution, and shall be co-terminus, ending on the same date for the Option Period.

OPTION PERIOD TWO

This 12-month option period may be exercised in the sole discretion of the Government in accordance with (IAW) FAR 52.217-9 Option to Extend the Term of the Contract. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, the 12-month option period is to commence immediately upon expiration of Option Period One.

Period of Performance shall be 12-months commencing immediately upon expiration of the Option Period One.

Electronic Submission to: VA PM, COR, CO

Inspection: destination Acceptance: destination FOB: Destination

OPTION PERIOD TWO

In accordance with FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item (MAR 1989), this Optional Task may be exercised a single time, at any time, at the Government’s discretion during Option Period Two.

Optional Task: Support Services IAW PD Paragraph 1.3.

*This Optional Task may be exercised at any time, a single time, for up to 500 hours of support services in the option period IAW FAR 52.217-7, Option for increased quantity-separately priced line item. Work shall not commence unless and until a formal modification is issued by the Contracting Officer.

If exercised, the POP shall be up to 12 months from date of execution, and shall be co-terminus, ending on the same date for the Option Period.

OPTION PERIOD THREE

This 12-month option period may be exercised in the sole discretion of the Government in accordance with (IAW) FAR 52.217-9 Option to Extend the Term of the Contract. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, the 12-month option period is to commence immediately upon expiration of Option Period Two.

Period of Performance shall be 12-months commencing immediately upon expiration of Option Period Two.

Electronic Submission to: VA PM, COR, CO

Inspection: destination Acceptance: destination FOB: Destination

OPTION PERIOD THREE

In accordance with FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item (MAR 1989), this Optional Task may be exercised a single time, at any time, at the Government’s discretion during Option Period Three.

Optional Task: Support Services IAW PD Paragraph 1.3.

*This Optional Task may be exercised at any time, a single time, for up to 500 hours of support services in the Option period IAW FAR 52.217-7, Option for increased quantity-separately priced line item. Work shall not commence unless and until a formal modification is issued by the Contracting Officer.

If exercised, the POP shall be up to 12 months from date of execution, and shall be co-terminus, ending on the same date for the Option Period.

OPTION PERIOD FOUR

This 12-month option period may be exercised in the sole discretion of the Government in accordance with (IAW) FAR 52.217-9 Option to Extend the Term of the Contract. Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, the 12-month option period is to commence immediately upon expiration of Option Period Three.

Period of Performance shall be 12-months commencing immediately upon expiration of Option Period Three.

Electronic Submission to: VA PM, COR, CO

Inspection: destination Acceptance: destination FOB: Destination

OPTION PERIOD FOUR

In accordance with FAR 52.217-7, Option for Increased Quantity-Separately Priced Line Item (MAR 1989), this Optional Task may be exercised a single time, at any time, at the Government’s discretion during Option Period One.

Optional Task: Support Services IAW PD Paragraph 1.3.

*This Optional Task may be exercised at any time, a single time, for up to 500 hours of support services in the Option period IAW FAR 52.217-7, Option for increased quantity-separately priced line item. Work shall not commence unless and until a formal modification is issued by the Contracting Officer.

If exercised, the POP shall be up to 12 months from date of execution, and shall be co-terminus, ending on the same date for the Option Period.

B.5 PRODUCT DESCRIPTION

PRODUCT DESCRIPTION (PD)

DEPARTMENT OF VETERANS AFFAIRS

Office of Information & Technology Medicom Premium Connect Support for the GenISIS Platform

Date: 08/07/2024

VA-24-00010656

PD Version Number: 9.2

1.0 PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA), Office of Information and Technology (OI&T), requires brand name Medicom annual software subscription license, associated support services, customization, software maintenance, and training of Medicom Premium Connect Support product. Deliverables include updated software licensing information and instructions on how to place service requests. Within 30 days of purchase, Medicom shall deploy a representative to collaborate with GenISIS technologists for the implementation and customization of a functional standalone instance of Premium Connect Support behind the GenISIS firewall. This setup shall enable efficient searching of available images across all VA image repositories and facilitate the retrieval of required images based on research criteria from the VA image network, with the capability for batch processing. Additionally, the Contractor shall assign a representative to work with GenISIS technicians to provide ongoing support services, including timely provision of patches and updates. Emergent or security patches/updates shall be coordinated within 15 days of notification. Virtual training shall be provided for the GenISIS platform sustainment team to ensure seamless coordination with product updates..

Deliverables shall include updated software licensing information and instructions on how to place service requests. Payment of invoices shall not be made without proper distribution.

Period of Performance (POP) shall be 12 months from date of award with four 12-month Option Periods and Optional Task for additional Support Services.

The Contractor shall provide the items listed in Table 1.0 for the base and each option period, if exercised, as follows:

Table 1.0

BASE PERIOD

OPTION PERIOD 1

OPTION PERIOD 2

OPTION PERIOD 3

OPTION PERIOD 4

1.1 MEDICOM PREMIUM CONNECT SUPPORT SOFTWARE

The Medicom Premium Connect Support software connects all participating VA facilities of medical imaging data to be easily and securely searched and shared. Medicom facilitates the exchange of radiology information such as reports and images through encrypted conduits within the VA network.

This instance of Medicom Premium Connect Support shall be locally installed within the GenISIS platform and shall not route outside of it (this includes not connecting to the Medicom cloud). The Signaling server, STUN server, and peer node shall be locally installed within GenISIS platform with the ability for two-way communication and data transfers with all the Medicom Premium Connect Support nodes in each of the VISNs across the VA network.

Medicom Premium Connect Support provides capabilities such as but not limited to the following:

· Search other VISNs for Veterans’ medical images.

· Locate and retrieve prior medical images and reports based on search criteria and image characteristics.

· Batch process data pulls and retrieve images and move it to GenISIS for batched search results.

· Bi-directionally exchange medical images and diagnostic reports with all the VISNs in the VA and GenISIS.

· Features a search engine implemented in GenISIS to find any image located within the VA network.

· Uses a patient query for Medicom’s patient matching functionality.

· Allows for automated pre-fetch of prior images and reports from the care in the community facility through the VA network in advance of an upcoming appointment at the VA or during a care in the community consult.

· Deploys an automated process for importing images and reports.

· Timely provision of patches and updates. Emergent or security patches/updates shall be coordinated within 15 days of notification.

1.2 INITIAL INSTALLATION AND CUSTOMIZATION

Deliverables include updated software licensing information and instructions on how to place service requests. Within 30 days of purchase, Medicom shall deploy a representative to collaborate with GenISIS technologists for the implementation and customization of a functional standalone instance of Premium Connect Support Support behind the GenISIS firewall. This setup shall enable efficient searching of available images across all VA image repositories and facilitate the retrieval of required images based on research criteria from the VA image network, with the capability for batch processing. Additionally, the Contractor shall assign a representative to work with GenISIS technicians to provide ongoing support services, including timely provision of patches and updates. Emergent or security patches/updates shall be coordinated within 15 days of notification. Virtual recorded training shall be provided for the GenISIS platform sustainment team and uploaded to the GenISIS SharePoint to ensure seamless coordination with product updates.

1.3 OPTIONAL TASK: SUPPORT SERVICES

If exercised, Medicom shall deploy a representative to collaborate with GenISIS technologists to continue efficient searching of available images across all VA image repositories and facilitate the retrieval of required images based on research criteria from the VA image network, with the capability for batch processing.

If updates require additional training for tecnhicians on new releases, training shall be virtually recorded. Training shall be provided for the GenISIS platform sustainment team and uploaded to the GenISIS SharePoint to ensure seamless coordination with product updates.

2.0 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.

2.1 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 shall 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:

2.2 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.

2.3 ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation shall 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.

3.0 INFORMATION TECHNOLOGY USING ENERGY-EFFICIENT PRODUCTS

The Contractor shall comply with Sections 524 and Sections 525 of the Energy Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005; Executive Order 13834, “Efficient Federal Operations”, dated May 17, 2018; Executive Order 13221, “Energy-Efficient Standby Power Devices,” dated August 2, 2001; and the Federal Acquisition Regulation (FAR) to provide ENERGY STAR®, Federal Energy Management Program (FEMP) designated, low standby power, and Electronic Product Environmental Assessment Tool (EPEAT) registered products in providing information technology products and/or services.

3.1 EPEAT

EPEAT product compliance is not required in this acquisition.

3.2 ENERGY STAR

The required services for this effort are not included in the complete listing of Energy Star categories and associated products found at http://www.energystar.gov/Products, therefore this section is not applicable.

3.3 FEMP

The required services for this effort are not included in the complete listing of FEMP product categories found at https://www.energy.gov/eere/femp/search-energy-efficient-products, therefore this section is not applicable.

4.0 SHIPMENT OF SOFTWARE

The Contractor shall provide a downloadable version of the software.

Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination

Ship To and Mark For:

Primary

Alternate

5.0 GENERAL REQUIREMENTS

5.1 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.

5.2 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.

5.3 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.

5.4 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.

6.0 INFORMATION SECURITY CONSIDERATIONS

The Assessment and Authorization (A&A) requirements do not apply and a Security Accreditation Package is not required.

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. 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).

b. 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.

c. 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

d. 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.

e. 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.

7.0 POINTS OF CONTACT

VA Program Manager:

Contracting Officer’s Representative:

Contracting Officer:

Contract Specialist:

SECTION C - CONTRACT CLAUSES

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

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ FAR Number

52.203-17

52.203-19

52.204-10 52.204-13 52.204-18 52.204-23

Title

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

Date

NOV 2023

JAN 2017

JUN 2020

OCT 2018

AUG 2020

NOV 2021

52.204-25

52.204-27 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

PROHIBITION ON A BYTEDANCE COVERED APPLICATION

NOV 2021

JUN 2023

52.209-10 52.219-28

52.222-40

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

NOV 2015

FEB 2024

DEC 2010

52.224-3 52.225-13

PRIVACY TRAINING

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

JAN 2017

FEB 2021

52.227-1 52.227-2

AUTHORIZATION AND CONSENT

NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

JUN 2020

JUN 2020

52.232-33

52.232-39

52.233-4 852.201-70

PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

CONTRACTING OFFICER’S REPRESENTATIVE

OCT 2018

JUN 2013

OCT 2004

DEC 2022

852.232-72

852.239-70 852.239-71 852.242-71

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES

INFORMATION SYSTEM SECURITY PLAN AND ACCREDITATION

ADMINISTRATIVE CONTRACTING OFICER

NOV 2018

FEB 2023

FEB 2023

OCT 2020

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection…