S06 36C10X23Q0228 Amd 001 VACO Fitness Equipment.pdf

COMBINED SYNOPSIS/SOLICITATION NOTICE

VACO FITNESS CENTER EQUIPMENT

FOR

DEPARTMENT OF VETERANS AFFAIRS (VA)

OFFICE OF HUMAN RESOURCES & ADMINISTRATION

OPERATIONS, SECURITY, AND PREPAREDNESS (HRA/OSP)

SUBJECT: VA Central Office (VACO) Fitness Center Equipment

CONTRACTING OFFICE’S ZIP CODE 21703

SOLICITATION NUMBER 36C10X23Q0228

RESPONSE DATE/TIME/ZONE 07-28-2023 12:00 EASTERN TIME, NEW YORK, USA

ARCHIVE 60 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N/A

SET-ASIDE SDVOSB

PRODUCT SERVICE CODE 7810

NAICS CODE 339920

CONTRACTING OFFICE ADDRESS Strategic Acquisition Center - Frederick

Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT

CS: Brian.Ballard@va.gov CO: Carey.Kauzlarich@va.gov

PLACE OF PERFORMANCE

ADDRESS See Purchase Description (PD)

3.0 Schedule for Deliverables

POSTAL CODE USA

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov/opal/sac/index.asp URL DESCRIPTION To learn more about SAC and its mission, please copy/paste the URL.

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

36C10X23Q0228

SOLICITATION AMENDMENT 1

Amendment 1 issued 7.17.2023 Amendment 1 changes the following:

1) Revises section B.5 Delivery Schedule: Extends Delivery from 30 to 45 days After Receipt of Order (ARO)

2) Adds VAAR Clause: 852.204-71 information and information systems security (Feb 2023) to section C

3) Revises Section E: Solicitation Provisions

GENERAL INFORMATION

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, Quotations are being requested, and a subsequent solicitation document will not be issued.

(ii) This combined synopsis/solicitation is a Request for Quotation (RFQ).

(iii) All parties submitting a quote shall complete Section C.4 of this solicitation and provide a written statement in their quote that they meet the limitations on subcontracting requirements.

(iv) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04.

(v) This first page is to be removed upon award and replaced with a SF1449 and table of contents.

All interested parties shall provide a quote for the following:

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: TBD

b. GOVERNMENT:

Strategic Acquisition Center - Frederick

Department of Veterans Affairs

5202 Presidents Court, Suite 103

Frederick MD 21703

Contracting Officer (CO): Carey Kauzlarich

Carey.Kauzlarich@va.gov

Contract Specialist (CS): Brian Ballard

Brian.Ballard@va.gov

Contracting Officer Representative (COR) – N/A

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

AMENDMENT NO DATE

B.2 INVOICING INSTRUCTIONS

Payment provided under the terms of this contract will be made only after delivery and acceptance for all supplies provided for, services rendered, and/or deliverables approved by the VA.

GOVERNMENT INVOICE ADDRESS:

TUNGSTEN (OB10) ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THROUGH AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Please include in all invoices the Contract/Purchase Order Number, or Task/Delivery

Order Number.

mailto:Carey.Kauzlarich@va.gov mailto:Brian.Ballard@va.gov

All invoices need to also be submitted using the same line item format in the contract or order.

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

1. VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: www.tungsten-network.com/customer-campaigns/veteransaffairs to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-Invoice Set-up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

• Tungsten e-Invoice setup information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@tungsten-network.com

• VA TUNGSTEN Number: AAA544240062

• FSC e-Invoice contact information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov

• FSC Internet: http://www.fsc.va.gov/einvoice.asp

All interested vendors shall provide a quote for the following supplies:

https://www.tungsten-network.com/customer-campaigns/veteransaffairs https://www.tungsten-network.com/customer-campaigns/veteransaffairs http://www.x12.org/ mailto:VA.Registration@tungsten-network.com mailto:vafsccshd@va.gov http://www.fsc.va.gov/einvoice.asp

B.3 PURCHASE DESCRIPTION

PURCHASE DESCRIPTION

DEPARTMENT OF VETERANS AFFAIRS

OFFICE OF HUMAN RESOURCES & ADMINISTRATION

OPERATIONS, SECURITY, AND PREPAREDNESS (HRA/OSP)

IN4011VACO PROCUREMENT OF FITNESS CENTER EQUIPMENT

1. REQUIREMENTS:

The Department of Veterans Affairs (VA), Office of Administration (OA) has a need to procure

Fitness Center Equipment for approximately 5,000 VA employees, veterans, and visitors daily at the Veterans Affairs Central Office Fitness Center at 810 Vermont Ave NW, Washington, DC.

The description and quantity of the Fitness Center Equipment is as follows:

Item Brand Name Item Description Quantity

Woodway

4Front

Treadmill

Belt Type 60 individual slats 35" W x 76" L x 74" H

Energy Efficient Drive System 114 precision ball bearings with 12 roller guides (4mm lateral tolerance)

Running Surface Vulcanized Rubber (38-43 shore hardness) Drive Motor 2 hp continuous (5 hp peak) brushless servo Unit Weight 445 lb. (Shipping weight

533 lb.)

Standard Performance Features:

User Weight Capacity Running 500lb. Walking 800lb., Running Surface Area 22" x 68", Speed Range 0-

12.5mph, Zero Start, 0.1 mph Increments, Elevation

Range 0 - 15%, Polar Heart Telemetry and Heart Rate

Grip, Resistance Mode.

Upgrades:

Personal Trainer Display Board

Menu Driven Color LCD Screen 10 Preprogrammed

Workouts Ability to Create Custom User Workouts (up to 99) Fitness Testing (Pre-loaded U.S. Military, medical and fitness protocols) LED Readouts (speed, incline, distance, calories, time/pace heart rate and METs)

Woodway Reverse Adapter

Woodway

Training

Display Board

Console

Screen Size: 10.1” and 21” or equivalent:

Touch Type: Capacitive Multiple Languages Integrated

TV Tuner (ATSC, DVB/T only) IPTV Compatible Web

Browser Wi-Fi Ethernet (Recommended) Bluetooth (2.0 phone/4.0 HR) Sync to Apps & Wearables Charging

(USB) Multimedia Playback (Music only through

Bluetooth) Local & Online Provisioning Data Export to

3rd Party (API) Asset Management PROGRAMS &

FEATURES User Workout Data Tracking Offline User

Profiles Dynamic Quick Keys Workout Customizer

Smart Coach Guided Programs BYO Workouts (XML

Only) Device Specific Reservation Like/Dislike Workout

Feature Fitness Tests Custom Workout Summary

Guided Profile Set Up Virtual Runs Game Runs End to

End Encryption HIPPA/GDPR CUSTOMIZATION

Curve

Treadmill

Overall dimensions 33x73; Running surface dimensions

17x67

Slat belt (or equivalent type of tread belt) featuring a running surface consisting of lots of individual ‘slats’ joined together to form the belt. Made of rubber; and are non-motorized. 3/8 in rubber slats Zero stretch and zero slip, wire-reinforced, lateral belts-zero adjustment needed.

Transportation system includes unique curved track with 112 Precision

Bearings and 12 Roller guides"

Standard Performance Features:

"Speed Range: Unlimited (Human powered) Elevation:

Unique curved design

Resistance: 20 levels Minimal starting resistance for longer runs/higher speeds, natural feel and better user experience

Minimum 130 degree radius reduce stress when operating with resistance Patent

Pending Handrails for proper pushing/pulling technique with multiple hand grip capabilities

Ergonomically designed heads up display for better biomechanics. User weight capacity: 400 lb. running / 800 lb. walking (4 mph max)"

SciFit

Pro2Total

Body

Ergometer

Max User Weight: 450 lbs.

Weight: 223 lbs.

Dimensions: 61"L x 30"W x 62"H

Adjustable step-through passageway - allowing all users full access to the foot pedals and overall device.

Ability to adjust the upper and lower hand cranks for greater range of movement, exercise variety and a custom fit.

Standard seat, allowing fore and aft, up and down, manual movement. Ability to select swivel seat option.

Ability to provide Passive Assistance to the user. The upper and lower cranks allowing individuals to use passive assistance – using strong limbs to drive weaker limbs through the range of motion.

Americans with Disabilities Act (ADA) Compliant –

Ability to remove the seat for easy wheelchair access.

Ability to provide very low starting resistance - (5 watts) start and maintain program function at extremely low speeds and resistance.

Ability for versatile exercises for the upper, lower, or total body, and the ability to focus only specific body parts.

Iso-Strength - safe and effective strength, provides accommodating resistance through the entire range of motion.

Bi-directional Resistance - aids in the recruitment of reciprocal muscle groups and reduces the risk of injury from muscle imbalance.

Provides at least 200 Levels of Resistance - the workload can be adjusted in .1 increments.

Can vary between cordless and 110V 15 Amps standard cable depending on version but most do require power cord.

Yosuda brand

Stationary

Spin Bike

Heavy steel frame and smooth quiet belt transfer

35lbs flywheel and anti-skid cage pedal

2-ways (up/ down) Adjustable Handlebar and 4-ways

(forward/back and up/down) Adjustable Seat

LCD monitor and tablet bracket

Inside length: 25"Min - 35" Max

Maximum user weight: 300 lbs.

Set up size: 40"L x 22" W x 45" H

BowFlex M3

Max Elliptical

Trainer

Product Dimensions: 49"D x 26"W x 64.6"H

Material: Metal

Maximum Weight Recommendation: 300 Pounds

Maximum Stride Length: 18 Inches

Item Weight: 63.4 Kilograms

Number of Resistance Levels: 8

Item Package Dimensions L x W x H: 46 x 26 x 22.25 inches

Package Weight: 68.04 Kilograms

2. BRAND NAME OR EQUAL - PRODUCT SALIENT CHARACTERISTICS

This is a Brand Name or Equal procurement in accordance with FAR 11.104 and 52.211-6. The salient physical, functional, or performance characteristics that "equal" products shall meet are specified in this section. To be considered for award as an “equal” product, respondents shall provide supporting literature, drawings, specifications, etc… that show the following product salient characteristics are met for each piece of equipment. Failure to provide evidence that a product meets/exceeds these requirements shall not be considered for award, and further evaluation of the quote will not be conducted.

Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced:

Brand Name: Woodway 4Front

Slatted Belt Treadmill

• Power requirement: 120V

• Size: Approximately 35" W x 76" L x 74" H

• Belt Type: Approximately 60 individual slats

• Running Surface Area: Approximately 22"x 68"

• Running surface made from vulcanized rubber or equivalent

• Drive motor 2 hp continuous (5 hp peak) brushless or equivalent

• Unit weight: Approximately 445 lbs.

• Shipping weight: Approximately 533 lbs.

• User weight capacity: Running approximately - 500 lbs; Walking approximately - 800 lbs.

• Speed Range: Approximately 0 – 12.5 mph

• 0.1 mph speed increments

• Elevation Range: Approximately 0 - 15%

• Heart Telemetry Monitoring and Heart Rate Grip

• Reverse mode

• Resistance mode

Brand Name: Woodway

Personal Trainer Display Board

• Menu driven color LCD screen or equivalent with approximately 10 or more preprogrammed workouts with the ability to create custom user workouts

• Real time readouts (speed, incline, distance, calories, time/pace heart rate and metabolic equivalents (METs)

• Reverse treadmill band adapter or equivalent to allow the user to walk or run-in reverse

• Screen Size: 10.1” and 21” or equivalent

• Touch Screen

• Supports multiple languages

• Integrated TV Tuner (ATSC only)

• Bluetooth (2.0 phone/4.0 HR)

• Ability to sync to Apps (iOS and Android) & wearables to the equipment

• Two (2) or more charging ports (USB and/or USB type C)

• Workout summary

Brand Name: Woodway Curve FTG

Curved Treadmill

• Power requirement: 120V

• Overall dimensions: Approximately 33”x73”

• Running surface dimensions: Approximately 17”x67”

• Slat belt (or equivalent type of tread belt) featuring a running surface consisting of lots of individual ‘slats’ joined together to form the belt made of rubber

• Non-motorized belt

• Minimal to no stretch and zero slip, wire-reinforced, lateral belts-zero adjustment needed or equivalent

• Transportation system includes unique curved track with 112 Precision Bearings and 12 Roller guides or equivalent

• Speed Range: Unlimited (Human powered)

• Elevation: Curved design

• Resistance levels that increase at a gradual pace

• 130-degree radius to reduce stress when operating with resistance or equivalent

• Handrails for pushing/pulling technique with multiple hand grip capabilities or equivalent

• Ergonomically designed heads-up display

• User weight capacity: Approximately 400 lb. running / Approximately 800 lb. walking

Brand Name: SciFit Pro2

Total Body Ergometer

Overall Dimensions:

• Power requirement: Can vary between cordless and 110V 15 Amps standard cable depending on version

• Max User Weight: Approximately 450 lbs

• Weight: Approximately 223 lbs

• Dimensions: Approximately 61"L x 30"W x 62"H

• Adjustable step-through passageway - allowing all users full access to the foot pedals and overall device

• Ability to adjust the upper and lower hand cranks for greater range of movement, exercise variety and a custom fit

• Standard seat, allowing fore and aft, up and down, manual movement. Ability to select swivel seat option.

• Ability to provide Passive Assistance to the user – using strong limbs to drive weaker limbs through the range of motion

• Americans with Disabilities Act (ADA) Compliant – Ability to remove the seat for easy wheelchair access

• Ability to provide very low starting resistance - (approximately 5 watts) start and maintain program function at extremely low speeds and resistance

• Ability for versatile exercises for the upper, lower, or total body, and the ability to focus only specific body parts

• Isolated Strength Mechanism - provides accommodating resistance through the entire range of motion

• Bi-directional Resistance - aids in the recruitment of reciprocal muscle groups and reduces the risk of injury from muscle imbalance

• Provides at least 200 Levels of Resistance - the workload can be adjusted in .1 increments or equivalent

Brand Name: Yosuda

Stationary Spin Bike

• Heavy steel frame and smooth quiet belt transfer or equivalent

• 35lbs flywheel and anti-skid cage pedal or equivalent

• Noiseless magnetic resistance system or equivalent

• 2-ways (up/ down) Adjustable Handlebar and 4-ways (forward/back and up/down) Adjustable Seat or equivalent

• LCD monitor and tablet bracket or equivalent

• Inside length: Approximately 25" Min - 35" Max

• Maximum user weight: Approximately 300 lbs.

• Set up size: Approximately 40"L x 22" W x 45"H

BowFlex M3

Elliptical Trainer

• Product Dimensions: Approximately 49"D x 26"W x 64.6"H

• Maximum Weight Recommendation: Approximately 300 Pounds

• Product Weight: Approximately 143 lbs

• Maximum Stride Length: Approximately 18 Inches

• Item Weight: Approximately 63.4 Kilograms

• Heart Rate Monitor

• Resistance/speed dial or equivalent

• Number of Resistance Levels: Approximately 8

• Item Package Dimensions L x W x H: Approximately 46 x 26 x 22.25 inches

• Package Weight: Approximately 68.04 Kilograms

3.0 SCHEDULE FOR DELIVERABLES

1. The contractor shall provide written confirmation of all orders within 24 hours of receiving the order.

2. Delivery of orders must within 30-45 business days after receipt of order (ARO) to the provided address.

3. Tracking number on all orders once they are packaged for shipping to the government.

Inspection: Destination

Acceptance: Destination

Free on Board (FOB): Destination

Ship To and Mark For:

Primary:

Steven Mitchell, Chief, Property Management

Department of Veteran’s Affairs

Office of Administration

810 Vermont Avenue, NW

Washington, DC 20420

Steven.mitchell2@va.gov

202-461-5153 (Office)

202-279-1785 (Mobile)

Secondary:

Delores Tyms-Williams, Director, Support Services

Department of Veteran’s Affairs

Office of Administration

810 Vermont Ave NW

Washington, DC 20420 delores.tyms-williams@va.gov

(202) 461-5141

Special Shipping Instructions:

Prior to shipping, Contractor shall notify Site POCs, by phone followed by email, of all incoming deliveries including line-by-line details for review of requirements. Contractor cannot make any changes to the delivery schedule at the request of Site POC.

Contractors must coordinate deliveries with Site POCs before shipment of Fitness Center

Equipment to ensure site have adequate storage space.

All shipments, either single or multiple container deliveries, will bear the VA Purchase Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the VA PO number will indicate total number of containers for the complete shipment (ex. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

Packing Slips/Labels and Lists shall include the following:

IFCAP PO # ____________

Total number of Containers: Package ___ of ___. (i.e., Package 1 of 3)

NOTE: VA IN4011VACO Procurement of Fitness Center Equipment]

4.0 INFORMATION SECURITY CONSIDERATIONS:

The Certification and Accreditation (C&A) requirements do not apply and a Security

Accreditation Package is not required.

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 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.” See VA handbook 6500.6, Appendix C, paragraph 3.a.

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 and simultaneously notify the COR, 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.” See VA handbook 6500.6, Appendix C, paragraph 7.a., 7.d.

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 the 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, 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.

5.0 PROGRAM POINT(S) OF CONTACT:

VA Program Manager:

Name: Delores Tyms-Williams

Address: 810 Vermont Avenue, NW Washington, DC 20420

Voice: (202) 461-5141

Email: delores.tyms-williams@va.gov

VA Alternate POC

Name: Michael Lloyd

Address: 810 Vermont Avenue, NW Washington, DC 20420

Voice: (202) 461-5160

Email: michael.lloyd@va.gov

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 EA __________________ __________________

Woodway 4Front Treadmill or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing PRODUCT/SERVICE CODE: 7810 - Athletic and Sporting Equipment

4.00 EA __________________ __________________

Woodway Training Display Board Console or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

2.00 EA __________________ __________________

Woodway Curve Treadmill or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

2.00 EA __________________ __________________

Woodway FTG Curved Treadmill or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

1.00 EA __________________ __________________

SciFit Pro2Total Body Ergometer or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

11.00 EA __________________ __________________

Yosuda Stationary Spin Bike or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods Manufacturing

3.00 EA __________________ __________________

Bowflex M3 Max Elliptical Trainer or Equal

PRINCIPAL NAICS CODE: 339920 - Sporting and Athletic Goods

Manufacturing

GRAND TOTAL __________________

B.5 DELIVERY SCHEDULE

In addition to the following, please see B.3 Purchase Description – Section 3.0 Schedule for

Deliverables for specific shipping instructions and delivery POC’s.

ITEM NUMBER QUANTITY DELIVERY DATE

0001 SHIP TO: Steven Mitchell 810 Vermont Avenue, NW Washington, DC 80420

USA

4.00 45 Days ARO

MARK FOR: Steven Mitchell 202-461-5153 Steven.mitchell2@va.gov

0002 SHIP TO: Steven Mitchell 810 Vermont Avenue, NW

4.00 45 Days ARO

0003 SHIP TO: Steven Mitchell

2.00 45 Days ARO

0004 SHIP TO: Steven Mitchell

2.00 45 Days ARO

0005 SHIP TO: Steven Mitchell 810 Vermont Avenue, NW

1.00 45 Days ARO

0006 SHIP TO: Steven Mitchell

11.00 45 Days ARO

0007 SHIP TO: Steven Mitchell

3.00 45 Days ARO

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor's products or services or considers the Contractor's products or services superior to other products or services.

(End of Clause)

C.3 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS

SECURITY (FEB 2023)

(a) Definitions. As used in this clause -

Business Associate means an entity, including an individual (other than a member of the workforce of a covered entity), company, organization or another covered entity, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, that performs or assists in the performance of a function or activity on behalf of the Veterans Health

Administration (VHA) that involves the creating, receiving, maintaining, transmitting of, or having access to, protected health information (PHI). The term also includes a subcontractor of a business associate that creates, receives, maintains, or transmits PHI on behalf of the business associate.

Business Associate Agreement (BAA) means the agreement, as dictated by the Privacy Rule, between VHA and a business associate, which must be entered into in addition to the underlying contract for services and before any release of PHI can be made to the business associate, in order for the business associate to perform certain functions or activities on behalf of VHA.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.

Information technology (see FAR 2.101) also means Information and Communication Technology (ICT).

Information technology-related contracts means those contracts which include services (including support services), and related resources for information technology as defined in 802.101.

Privacy officer means the VA official with responsibility for implementing and oversight of privacy related policies and practices that impact a given VA acquisition.

Sensitive personal information means, with respect to an individual, any information about the individual maintained by VA, including but not limited to the following:

(1) Education, financial transactions, medical history, and criminal or employment history.

(2) Information that can be used to distinguish or trace the individual's identity, including but not limited to name, social security number, date and place of birth, mother's maiden name, or biometric records.

Security plan means a formal document that provides an overview of the security requirements for an information system or an information security program and describes the security controls in place or planned for meeting those requirements.

VA Information Security Rules of Behavior for Organizational Users (VA National Rules of Behavior) means a set of VA rules that describes the responsibilities and expected behavior of users of VA information or information systems.

VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

(b) General. Contractors, subcontractors, their employees, third-parties, and business associates with access to VA information, information systems, or information technology (IT) or providing and accessing IT-related goods and services, shall adhere to VA Directive 6500, VA Cybersecurity Program, and the directives and handbooks in the VA 6500 series related to VA information (including VA sensitive information and sensitive personal information and information systems security and privacy), as well as those set forth in the contract specifications, statement of work, or performance work statement. These include, but are not limited to, VA Handbook 6500.6, Contract Security; and VA Directive and Handbook 0710, Personnel Security and Suitability Program, which establishes VA's procedures, responsibilities, and processes for complying with current Federal law, Executive Orders, policies, regulations, standards and guidance for protecting VA information, information systems (see 802.101, Definitions) security and privacy, and adhering to personnel security requirements when accessing VA information or information systems.

(c) Access to VA information and VA information systems.

(1) Contractors are limited in their request for logical or physical access to VA information or VA information systems for their employees, subcontractors, third parties and business associates to the extent necessary to perform the services or provide the goods as specified in the contracts, agreements, task, delivery or purchase orders.

(2) All Contractors, subcontractors, third parties, and business 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 to access VA information and VA information systems shall be in accordance with VA Directive and Handbook 0710, Personnel Security and Suitability Program.

(3) Contractors, subcontractors, third parties, and business associates who require access to national security programs must have a valid security clearance.

(4) HIPAA Business Associate Agreement requirement. Contractors shall enter into a Business Associate Agreement (BAA) with VHA, VA's Covered Entity, when contract requirements and access to protected health information is required and when requested by the Contracting Officer, or the Contracting Officer's Representative (COR) (see VAAR 824.103-70). Under the HIPAA Privacy and Security Rules, a Covered Entity (VHA) must have a satisfactory assurance that its PHI will be safeguarded from misuse. To do so, a Covered Entity enters into a BAA with a contractor (now the business associate), which obligates the business associate to only use the Covered Entity's PHI for the purposes for which it was engaged, provide the same protections and safeguards as is required from the Covered Entity, and agree to the same disclosure restrictions to PHI that is required of the Covered Entity in situations where a contractor -

(i) Creates, receives, maintains, or transmits VHA PHI or that will store, generate, access, exchange, process, or utilize such PHI in order to perform certain health care operations activities or functions on behalf of the Covered Entity; or

(ii) Provides one or more of the services specified in the Privacy Rule to or for the Covered Entity.

(A) Contractors or entities required to execute BAAs for contracts and other agreements become VHA business associates. BAAs are issued by VHA or may be issued by other VA programs in support of VHA. The HIPAA Privacy Rule requires VHA to execute compliant BAAs with persons or entities that create, receive, maintain, or transmit VHA PHI or that will store, generate, access, exchange, process, or utilize such PHI in order to perform certain activities, functions or services to, for, or on behalf of VHA. There may be other VA components or staff offices which also provide certain services and support to VHA and must receive PHI in order to do so. If these components award contracts or enter into other agreements, purchase/delivery orders, modifications and issue governmentwide purchase card transactions to help in the delivery of these services to VHA, they will also fall within the requirement to obtain a satisfactory assurance from these contractors by executing a BAA.

(B) BAA requirement flow down to subcontractors. A prime Contractor required to execute a BAA shall also obtain a satisfactory assurance, in the form of a BAA, that any of its subcontractors who will also create, receive, maintain, or transmit VHA PHI or that will store, generate, access, exchange, process, or utilize such PHI will comply with HIPAA requirements to the same degree as the Contractor. Contractors employing a subcontractor who creates, receives, maintains, or transmits VHA PHI or that will store, generate, access, exchange, process, or utilize such VHA PHI under a contract or agreement is required to execute a BAA with each of its subcontractors which also obligates the subcontractor (i.e., also a business associate) to provide the same protections and safeguards and agree to the same disclosure restrictions to VHA's PHI that is required of the Covered Entity and the prime Contractor.

(d) Contractor operations required to be in United States. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practicable. If such services are proposed to be performed outside the continental United States, and are not otherwise disallowed by other Federal law, regulations or policy, or other VA policy or other mandates as stated in the contract, specifications, statement of work or performance work statement (including applicable Business Associate Agreements), the Contractor/subcontractor must state in its proposal where all non-U.S. services are provided. At a minimum, the Contractor/subcontractor must include a detailed Information Technology Security Plan, for review and approval by the Contracting Officer, specifically to address mitigation of the resulting problems of communication, control, and data protection.

(e) Contractor/subcontractor employee reassignment and termination notification. Contractors and subcontractors shall provide written notification to the Contracting Officer and Contracting Officer's Representative (COR) immediately, and not later than four (4) hours, when an employee working on a VA information system or with access to VA information is reassigned or leaves the Contractor or subcontractor's employment on the cognizant VA contract. The Contracting Officer and COR must also be notified immediately by the Contractor or subcontractor prior to an unfriendly termination.

(f) VA information custodial requirements.

(1) Release, publication, and use of data. Information made available to a Contractor or subcontractor by VA for the performance or administration of a contract or information developed by the Contractor/subcontractor in performance or administration of a contract shall be used only for the stated contract purpose and shall not be used in any other way without VA's prior written approval. This clause expressly limits the Contractor's/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d).

(2) Media sanitization. VA information shall not be co-mingled with any other data on the Contractors/subcontractor's information systems or media storage systems in order to ensure federal and VA requirements related to data protection, information segregation, classification requirements, and media sanitization can be met (see VA Directive 6500, VA Cybersecurity Program). VA reserves the right to conduct scheduled or unscheduled on-site inspections, assessments, or audits of Contractor and subcontractor IT resources, information systems and assets to ensure data security and privacy controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with Federal and VA requirements.

The Contractor and subcontractor will provide all necessary access and support to VA and/or GAO staff during periodic control assessments or audits.

(3) Data retention, destruction, and contractor self-certification. The Contactor and its subcontractors are responsible for collecting and destroying any VA data provided, created, or stored under the terms of this contract, to a point where VA data or materials are no longer readable or reconstructable to any degree, in accordance with VA Directive 6371, Destruction of Temporary Paper Records, or subsequent issue. Prior to termination or completion of this contract, the Contractor/subcontractor must provide its plan for destruction of all VA data in its possession according to VA Handbook 6500, and VA Cybersecurity Program, including compliance with National Institute of Standards and Technology (NIST) 800-88, Guidelines for Media Sanitization, for the purposes of media sanitization on all IT equipment. The Contractor must certify in writing to the Contracting Officer within 30 days of termination of the contract that the data destruction requirements in this paragraph have been met.

(4) Return of VA data and information. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the VA (as stipulated by the Contracting Officer or the COR) or the Contractor/subcontractor must hold it until otherwise directed. Items returned will be hand carried, securely mailed, emailed, or securely electronically transmitted to the Contracting Officer or to the address as provided in the contract or by the assigned COR, and/or accompanying BAA. Depending on the method of return, Contractor/subcontractor must store, transport, or transmit VA sensitive information, when permitted by the contract using VA-approved encryption tools that are, at a minimum, validated under Federal Information Processing Standards (FIPS) 140-3 (or its successor). If mailed, Contractor/subcontractor must send via a trackable method (USPS, UPS, Federal Express, etc.)

and immediately provide the Contracting Officer with the tracking information. No information, data, documentary material, records or equipment will be destroyed unless done in accordance with the terms of this contract and the VHA Records Control Schedule 10-1.

(5) Use of VA data and information. The Contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if the National 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 for this contract as a result of any updates, if required.

(6) Copying VA data or information. The Contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the contract or to preserve electronic information stored on Contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

(7) Violation of information custodial requirements. If VA determines that the Contractor has violated any of VA's information confidentiality, privacy, or security provisions, it shall be sufficient grounds for VA to withhold payment to the Contractor or third-party or terminate the contract for default in accordance with FAR part 49 or terminate for cause in accordance with

FAR 12.403.

(8) Encryption. The Contractor/subcontractor must store, transport, or transmit VA sensitive information, when permitted by the contract, using cryptography, and VA-approved encryption tools that are, at a minimum, validated under FIPS 140-3 (or its successor).

(9) Firewall and web services security controls. The Contractor/subcontractor's firewall and web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

(10) Disclosure of VA data and information. Except for uses and disclosures of VA information authorized in a cognizant contract for performance of the contract, the Contractor/subcontractor may use and disclose VA information only in two other situations:

(i) subject to paragraph (f)(10) of this section, in response to a court order from a court of competent jurisdiction, or (ii) with VA's prior written approval. The Contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the Contracting Officer for response. If the Contractor/subcontractor is in receipt of a court order or other request or believes it has a legal requirement to disclose VA information, that Contractor/subcontractor shall immediately refer such court order or other request to the Contracting Officer for response. If the Contractor or subcontractor discloses information on behalf of VHA, the Contractor and/or subcontractor must maintain an accounting of disclosures. Accounting of Disclosures documentation maintained by the Contractor/subcontractor will include the name of the individual to whom the information pertains, the date of each disclosure, the nature or description of the information disclosed, a brief statement of the purpose of each disclosure or, in lieu of such statement, a copy of a written request for a disclosure, and the name and address of the person or agency to whom the disclosure was made. The Contractor/subcontractor will provide its Accounting of Disclosures upon request and within 15 calendar days to the assigned COR and Privacy Officer.

Accounting of disclosures should be provided electronically via encrypted email to the COR and designated VA facility Privacy Officer as provided in the contract, BAA, or by the Contracting Officer. If providing the Accounting of Disclosures electronically cannot be done securely, the Contractor/subcontractor will provide copies via trackable methods (UPS, USPS, Federal Express, etc.) immediately, providing the designated COR and Privacy Officer with the tracking information.

(11) Compliance with privacy statutes and applicable regulations. The Contractor/subcontractor shall not disclose VA information protected by any of VA's privacy statutes or applicable regulations including but not limited to: the Privacy Act of 1974, 38 U.S.C. 5701, confidential nature of claims, 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus or the HIPAA Privacy Rule. If the Contractor/subcontractor is in receipt of a court order or other requests for VA information or has questions if it can disclose information protected under the above-mentioned confidentiality statutes because it is required by law, that Contractor/subcontractor shall immediately refer such court order or other request to the Contracting Officer for response.

(g) Report of known or suspected security/privacy incident. The Contractor, subcontractor, third-party affiliate or business associate, and its employees shall notify VA immediately via the Contracting Officer and the COR or within one

(1) hour of an incident which is an occurrence (including the discovery or disclosure of successful exploits of system vulnerability) that (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or the availability of its data and operations, or of its information or information system(s); or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. The initial notification may first be made verbally but must be followed up in writing within one

(1) hour. See VA Data Breach Response Service at https://www.oprm.va.gov/dbrs/about_dbrs.aspx. Report all actual or suspected security/privacy incidents and report the information to the Contracting Officer and the COR as identified in the contract or as directed in the contract, within one hour of discovery or suspicion.

(1) Such issues shall be remediated as quickly as is practical, but in no event longer than __ days [Fill in: Contracting Officer fills in the number of days]. The Contractor shall notify the Contracting Officer in writing.

(2) When the security fixes involve installing third party patched (e.g., Microsoft OS patches or Adobe Acrobat), the Contractor will provide written notice to VA that the patch has been validated as not affecting the systems within 10 working days. When the Contractor is responsible for operations or maintenance of the systems, they shall apply the security fixes within __ [Fill in: Contracting Officer fills in the number of days in consultation with requiring activity].

(3) All other vulnerabilities shall be remediated in a timely manner based on risk, but within 60 days of discovery or disclosure. Contractors shall notify the Contracting Officer, and COR within 2 business days after remediation of the identified vulnerability. Exceptions to this paragraph (e.g., for the convenience of VA) must be requested by the Contractor through the COR and shall only be granted with approval of the Contracting Officer and the VA Assistant Secretary for Office of Information and Technology. These exceptions will be tracked by the Contractor in concert with the Government in accordance with VA Directive 6500.6 and related VA Handbooks.

(h) Security and privacy incident investigation.

(1) The term “privacy incident” means the unauthorized disclosure or use of VA information protected under a confidentiality statute or regulation.

(2) The term “security incident” means an occurrence that (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information systems; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable policies. The Contractor/subcontractor shall immediately notify the Contracting Officer and COR for the contract of any known or suspected security or privacy incident, or any other unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/subcontractor has access.

(3) To the extent known by the Contractor/subcontractor, the Contractor/subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/subcontractor considers relevant.

(4) With respect to unsecured PHI, the Business Associate is deemed to have discovered a security incident as defined above when the Business Associate either knew, or by exercising reasonable diligence should have been known to an employee of the Business Associate. Upon discovery, the Business Associate must notify VHA of the security incident immediately within one hour of discovery or suspicion as agreed to in the BAA.

(5) In instances of theft or break-in or other criminal activity, the Contractor/subcontractor must concurrently report the…