36C24426Q0119.docx
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- Solicitation number
- 36C24426Q0119
About this file
This is a combined Synopsis/Solicitation (Request for Quote) for a medical equipment installation project at the Philadelphia VA Medical Center. The Department of Veterans Affairs is seeking an authorized service provider to re-install the Karl Storz Video Integration System in a Hybrid Operating Room, which was previously damaged by a water pipe break. The solicitation is for a brand-specific service requiring installation of monitor cabling, decoders, touch panel, and computer systems, with a total of three contract line items including installation services and travel.
Key details include a solicitation number of 36C24426Q0119, NAICS code 811210 (Electronic and Precision Equipment Repair and Maintenance), and a small business size standard of $34 million. The period of performance is estimated from 12/15/2025 to 06/14/2026, with a response deadline of 12/01/2025 at 10:00 AM Eastern Time. The project involves functional testing, hardware components, and returning the Hybrid OR to full operating status, with specific requirements including installation of power, fiberoptic, and audio cabling, four additional video integration decoders, and re-installation of previously disconnected systems. Only authorized Karl Storz distributors are eligible to bid on this solicitation.
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Text version
SUBJECT*
Karl Storz Video Integration Installation | Philadelphia VA Medical Center
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 15215 |
| SOLICITATION NUMBER* |
| 36C24426Q0119 |
| RESPONSE DATE/TIME/ZONE |
| 12-01-2025 10:00 AM EASTERN TIME, NEW YORK, USA |
| ARCHIVE |
| 30 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
SET-ASIDE
| PRODUCT SERVICE CODE* |
| N065 |
| NAICS CODE* |
| 811210 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Network Contracting Office 4
1010 Delafield Rd
POINT OF CONTACT*
Arlene Albrite, Contract Specialist arlene.albrite@va.gov N/A
PLACE OF PERFORMANCE
| ADDRESS |
| Corporal Michael J. Crescenz Dept of VAMC |
Philadelphia VA Medical Center
3900 Woodland Ave.
Philadelphia PA
| POSTAL CODE |
| 19104-4551 |
COUNTRY
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
DESCRIPTION
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 of Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. This Solicitation is issued as a Request for Quote (RFQ), and the solicitation number is 36C24426Q0119.
This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-06 effective 01 October 2025, and the Veterans Affairs Acquisition Regulations (VAAR). The complete text of any of the clauses and provisions may be accessed in full text at FAR | Acquisition.GOV.
This Solicitation is being competed on a full and open competitive basis. The NAICS Code is 811210 (Electronic and Precision Equipment Repair and Maintenance) with a small business-size standard of $34 Million. The Product Service Code (PSC) is N065 (Installation of Equipment—Medical, Dental, and Veterinary Equipment and Supplies).
The VA Philadelphia requires services to aid in the re-installation of the Karl Storz Video Integration System previously purchased and installed at the Philadelphia VA Medical Center. This installation covers labor, functional testing, and hardware components necessary to return the previously installed Hybrid OR to full operating status. The Statement of Work (SOW) is provided.
Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24426Q0119.” All offerors are advised to pay careful attention to the quote submission instructions as there are very specific instructions as what is required to be provided.
The period of performance (POP) is estimated to be 12/15/2025 – 06/14/2026. Should issuance of the purchase order occur on a different date, the performance period will be adjusted accordingly.
Any award resulting from this solicitation will be issued on Standard Form 1449.
NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database. Registration may be done online at: www.acquisition.gov or www.sam.gov.
BRAND NAME: This is a brand name only requirement supported with a single source justification. Only authorized distributors of the brand name provider will be eligible for award. Brand Name: Karl Storz.
Page 1 of
Page 1 of
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4
1010 Delafield Road Pittsburgh PA 15215
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [x] Upon receipt, inspection and acceptance by the Government. |
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.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
1.00
| __________________ |
| __________________ |
Install monitor cabling for infield displays (Power, Fiberoptic, and Audio (microphone) Cabling), four (4) additional decoders (video integration signaling to new GE secondary display), and re-install touch panel and computer systems that were previously disconnected due to renovations. in the Operating Room (Hybrid Room # 5A135) at Philadelphia VA IAW the SOW.
Contract Period: Base POP Begin: 12-15-2025 POP End: 06-14-2026 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: N065 - Installation of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
1.00
| __________________ |
| __________________ |
Install Fiberoptic cabling to GE cabinet for support of all video signals from GE to STORZ Integration. Total 12. IAW the SOW. (Optional)
POP Begin: 12-15-2025 POP End: 06-14-2026
PRODUCT/SERVICE CODE: N065 - Installation of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
1.00
| __________________ |
| __________________ |
Travel IAW Federal Travel Regulations. Actual expenses to be billed according to government regulations.
POP Begin: 12-15-2025 POP End: 06-14-2026
PRODUCT/SERVICE CODE: N065 - Installation of Equipment - Medical, Dental, and Veterinary Equipment and Supplies
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Corporal Michael J. Crescenz |
Philadelphia VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104 4551
USA
| 1.00 |
| 12/15/2025 - 6/14/2026 |
| 0002 |
| SHIP TO: |
| Corporal Michael J. Crescenz |
Philadelphia VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104 4551
USA
| 1.00 |
| 12/15/2025 - 6/14/2026 |
| 0003 |
| SHIP TO: |
| Corporal Michael J. Crescenz |
Philadelphia VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104 4551
USA
| 1.00 |
| 12/15/2025 - 6/14/2026 |
Statement of Work
VHA Philadelphia (VHAPHI)
SCOPE OF WORK AND GENERAL SPECIFICATIONS FOR RE-INSTALLATION OF KARL STORZ VIDEO INTEGRATION SYSTEM FOR THE HYBRID OPERATING ROOM (OR)
1. Background VA Philadelphia requires a brand name service to aid in re-installation of the Karl Storz Video Integration System previously purchased and installed by the Philadelphia VA Medical Center. The video integration system will be used by surgeons and clinicians to share and view information in the operating rooms (ORs) to optimize workflows. Information is readily available and centrally displayed in the OR and will improve delivery of uncompromised patient care.
This install covers labor, functional testing, and hardware components necessary to return the previously installed Hybrid OR to full operating status. The Hybrid OR experienced a large utility water pipe break in December 2023. The facility has since ordered new Hybrid OR equipment that will work in conjunction with the Karl Storz Integration System. The original equipment was procured under contract (36C244-20-P-0916 - 642A01065) and services (36C24422P0916 - 642C20361). Only authorized service providers from the OEM or reseller are permitted and capable of fulfilling the current installation services needed at the Philadelphia VAMC. No other vendor can supply these services as this scope includes a modification to the existing integration system that is classified as a Medical Device.
2. Project Scope
The Contractor shall re-install the video integration system and provide any missing infrastructure to return the Hybrid OR video system to full functionality. The Contractor will be required to coordinate with Biomedical Engineering staff, and as needed, GE Healthcare, Stryker, and the General Construction Contractor, on installation and testing. The Contractor will include all labor, materials, and shipping to re-deploy the equipment specified herein. This work includes but is not limited to—running video cables, configuring touch monitors, mounting TV monitors, testing, troubleshooting, and verifying system functionality and connectivity. The Karl Storz video integration system should be ready for clinical use by January 2026.
3. Specifications Final construction is expected to be completed by December 2025 for delivery of the GE Hybrid OR equipment. Install will occur on-site and must be completed by January 31st, 2026, unless specified in writing by the Facility Point of Contact. Installation Services are outlined below:
Hybrid OR – Activation ETA January 2026
· New cable runs in existing conduit for boom mounted 32” Storz monitor. This includes Power, Fiberoptic and Audio (Microphone) cabling at a minimum.
· The previous cables were cut due to a Stryker boom configuration change.
· Install 4 additional decoders to support video integration signaling to new GE secondary display
· The Contractor is responsible for ensuring both large display monitors (one new and one existing – existing as part of original scope) provided by GE are integrated into the Karl Storz integration system.
· The currently installed large display monitor boom has existing decoders, but this scope covers the cabling or any failed hardware for this display setup as well to support full functionality of the integration system.
· If these connections don’t exist, Contractor responsible for completing installation of fiberoptic cabling to GE equipment cabinet to support all video signals (total 12) from GE to Storz integration.
· Re-install touch panel and computer systems in room that were disconnected due to room renovations
· Test full room for functionality after all systems are fully installed and ready for startup. This is for the following equipment at a minimum:
| EE# |
| Manf |
| Model |
| Asset Type |
| SN |
| 127195 |
| STORZ, KARL ENDOSCOPY AMERICA |
| PS16+ |
| POWER SUPPLIES |
| PS16+-20210809-01 |
| 127194 |
| STORZ, KARL ENDOSCOPY AMERICA |
| PS16+ |
| POWER SUPPLIES |
| PS16+-20210806-08 |
| 127143 |
| STORZ, KARL ENDOSCOPY AMERICA |
| OR1 NEO IP, ENH |
| MONITORS: VIDEO: MEDICAL |
| ENH-20210812-24 |
| 127193 |
| STORZ, KARL ENDOSCOPY AMERICA |
| PS16+ |
| POWER SUPPLIES |
| PS16+-20210806-06 |
| 127514 |
| POWERVAR |
| ABCE802-11MED |
| POWER SYSTEMS: UNINTERRUPTIBLE: MEDICAL |
| 5008023R-2130071 |
| 123126 |
| STORZ, KARL ENDOSCOPY AMERICA |
| ENDOFLATOR 50 |
| INSUFFLATORS |
| SO10046 |
| 123119 |
| STORZ, KARL ENDOSCOPY AMERICA |
| TL300 |
| LIGHT SOURCES: ENDOSCOPE |
| RO10656 |
| 127148 |
| STORZ, KARL ENDOSCOPY AMERICA |
| OR1 NEO-TCX |
| MONITORS: VIDEO: MEDICAL |
| TCX-20210811-05 |
| 127149 |
| STORZ, KARL ENDOSCOPY AMERICA |
| OR1 NEO-TCX |
| MONITORS: VIDEO: MEDICAL |
| TCX-20210811-03 |
| 123134 |
| STORZ, KARL ENDOSCOPY AMERICA |
| TC201US |
| VIDEO SYSTEMS: ENDOSCOPIC |
| YO857367-P |
| 127949 |
| STORZ, KARL ENDOSCOPY AMERICA |
| TC304 |
| VIDEO SYSTEMS: ENDOSCOPIC |
| WO855682-P |
| 123140 |
| STORZ, KARL ENDOSCOPY AMERICA |
| TC301 |
| MODULATOR |
| YO856992 |
4. Installation Cable runs, hardware modifications, testing and Go-Live will be completed by the Contractor. Upon contract award, the Contractor must provide a service manager point of contact for contract kick-off to the Facility Point of Contact (POC). The Contractor will work with Biomedical Engineering staff to provide any additional documentation required and coordinate the necessary tasks for re-deployment of the existing Karl Storz equipment. Engineers providing labor required for on-site installation shall be included under the terms and conditions of this contract and must be OEM trained.
5. Delivery Location Attn: Biomed – Nicole Salerno VA Philadelphia Medical Center 3900 Woodland Ave Philadelphia, PA 19104
Email Biomedical Engineering: Nicole.Salerno@va.gov
Prior to any delivery, the Contractor shall provide the Facility POC the shipping information. The Contractor must comply and provide all necessary information to VAPHI. Otherwise, the delivery may be refused and require redelivery at no additional cost to the government.
6. Delivery Coordination
Normal business hours for acceptance of deliveries are 8:00 AM - 3:30 PM, Monday through Friday excluding Federal Holidays. Deliveries must be coordinated in advance with POC once a ship date is established. The POC, Biomedical Engineering and/or Logistics shall be the only VA entity signing for freight received on this requirement. The VA-issued purchase order number must be included in the packing slip. All items included in the requirement shall be shipped and delivered to site at same time. If deliveries must be broken into several shipments due to size, this must be coordinated in advance with the POC. Failure to coordinate shipment with POC may result in failure to deliver on site and cause re-scheduling of delivery/freight at no charge to the government. The packing slip must include the VA-issued purchase order number
7. Scheule For Deliverables
The Period of Performance (POP) will be as soon as possible upon award, with scheduling on-site work confirmed with Facility POC prior to January 2026. This contract’s POP is 6 months from award as the work is expected to be completed within two weeks of scheduled start date. If additional time is needed due to the nature of the re-installation work, both the Facility POC and the Contracting Officer must be notified.
Draft copies of service report deliverables shall be provided to the Biomedical Engineering staff at VA Philadelphia Medical Center before the contractor leaves the facility. If a final copy can be provided at that time, then a draft copy is not necessary. Final copies must be provided within 5 business days of service completion date to VHAPHIBIOMEDICALSERVICEREPORTS@va.gov.
8. Additional Charges
There will be no additional charge for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional Field Service Engineer (FSE) and/or delivery of parts or installation.
9. Packaging Waste management
Contractor shall remove packaging materials and all shipping debris from site and dispose of at appropriate recycling facilities. Contractor shall collect and separate for disposal all paper, plastic, polystyrene, corrugated cardboard, packaging material in appropriate bins for recycling on site if available. Contract shall fold metal and plastic banding, flatten and place in designated areas for trash.
9. Influenza Vaccination
VA Directive 1192 requires all health care personnel (HCP) to participate in the seasonal influenza prevention program and outlines the key implementation steps. Healthcare personnel are defined in VHA Directive 1192 as all VA licensed and unlicensed, clinical and administrative, paid and unpaid, full- and part-time employees, intermittent employees, fee basis employees, VA contractors, students, researchers, volunteers, and trainees who work in VHA locations. HCP covered by the policy are expected to receive annual influenza vaccination. This requirement is extended to all Contractor personnel with potential to come into minimal contact (passing in the corridor) with any patients, visitors, or staff members at VHAPHI.
Those individuals unable or unwilling to be vaccinated are required to wear a face mask throughout the influenza season. Masks are available at entrances throughout the medical center.
It is the responsibility of the contractor to ensure that all contract staff is compliant with the requirements outlined in VHA Directive 1192. The contractor shall maintain the following documentation:
· Documentation of vaccination, e.g., signed record of immunization from a health care provider or pharmacy, or a copy of medical records documenting the vaccination.
· Completed Health Care Personnel Influenza Vaccination Form (Attachment B of VHA Directive 1192) if unwilling or unable to receive the vaccine.
The contractor is required to submit annual certification in the form of a memorandum to the Facility Point of Contact (POC) that all contract staff performing services at VA facilities is in compliance with VHA Directive 1192.
10. HIPAA Training Certificates For on-site installation work and activation of equipment, the contractor must provide all HIPAA training completion documentation to the POC listed in the awarded contract.
11. Smoking All VA Philadelphia property is smoke-free. Contractor personnel will comply with VA Philadelphia smoking policies. Violations will result in a warning and possible citation.
12. Security Considerations The Certification and Accreditation (authorization) (C&A) requirements do not apply. A Security Accreditation Package is not required.
APPENDIX B: VA Acquisition Regulation Solicitation Provision and Contract Clause
VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)
(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.
(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.
APPENDIX C: VA Information and Information System Security/Privacy Language for Inclusion into Contracts, as Appropriate
| 1. | GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy. |
| 2. | VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language. |
| a. | The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License. |
| b. | Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. |
| c. | VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization. |
| d. | VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations. |
| e. | The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies. |
| f. | The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service. |
| g. | If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor. |
| h. | The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations. |
| i. | The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements. |
| j. | Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response. |
| k. | Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality- assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above- mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response. |
| l. | Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service. |
| m. | Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules. |
| n. | The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition. |
| o. | Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA.The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract. |
| p. | All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO. |
3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.
| a. | A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor. |
| b. | Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted. |
| c. | All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM). |
| d. | All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted. |
| e. | The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following: |
| (1) | Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems. |
| (2) | Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason. |
| (3) | Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company- owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data. |
| (4) | Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record. |
| (5) | Contractor/subcontractor personnel have their authorization to work in the United States revoked. |
| (6) | Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel. |
| f. | In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal. |
| g. | Contractors/subcontractors who no longer require VA accesses will return VA- issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO. |
| 5. | SECURITY INCIDENT INVESTIGATION. This entire section applies to all acquisitions requiring any Information Security and Privacy language. |
| a. | The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD. |
| b. | To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following: |
| (1) | The date and time (or approximation of) the Security Incident occurred. |
| (2) | The names of individuals involved (when applicable). |
| (3) | The physical and logical (if applicable) location of the incident. |
| (4) | Why the Security Incident took place (i.e., catalyst for the failure). |
| (5) | The amount of data belonging to VA believed to have been compromised. |
| (6) | The remediation measures the contractor is taking to ensure no future incidents of a similar nature. |
| c. | After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination. |
| d. | VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation. |
| e. | In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG, and the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. |
| f. | The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches. |
| g. | With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA. |
| h. | If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages— Reimbursement for Data Breach Costs. |
7. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE.
This entire section applies to information systems, systems, major applications, minor applications, enclaves, and platform information technologies (cloud and non- cloud) hosted, operated, maintained, or used on behalf of VA at non-VA facilities.
| a. | The contractor shall comply with all Federal laws, regulations, and VA policies for Information systems (cloud and non-cloud) that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities. Security controls for collecting, processing, transmitting, and storing of VA sensitive information, must be in place. The controls will be tested by VA or a VA sanctioned 3PAO and approved by VA prior to hosting, operation, maintenance or use of the information system or systems by or on behalf of VA. This includes conducting compliance risk assessments, security architecture analysis, routine vulnerability scanning, system patching, change management procedures and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures shall be the same as procedures used to secure VA-operated information systems. |
| b. | Outsourcing (contractor facility, equipment, or staff) of systems or network operations, telecommunications services or other managed services require Assessment and Authorization (A&A) of the contractor’s systems in accordance with VA Handbook 6500 as specified in VA Information Security Knowledge |
Service. Major changes to the A&A package may require reviewing and updating all the documentation associated with the change. The contractor’s cloud computing systems shall comply with FedRAMP and VA Directive 6517 requirements.
| c. | The contractor shall return all electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) on non-VA leased or non-VA owned IT equipment used to store, process or access VA information to VA in accordance with A&A package requirements. This applies when the contract is terminated or completed and prior to disposal of media. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Information Security Knowledge Service requirements and NIST 800-88. The contractor shall send a self-certification that the data destruction requirements above have been met to the COR/CO within 30 business days of termination of the contract. |
| d. | All external internet connections to VA network involving VA information must be in accordance with VA Trusted Internet Connection (TIC) Reference Architecture and VA Directive and Handbook 6513, Secure External Connections and reviewed and approved by VA prior to implementation. Government-owned contractor-operated systems, third party or business partner networks require a Memorandum of Understanding (MOU) and Interconnection Security Agreements (ISA). |
| e. | Contractor procedures shall be subject to periodic, announced, or unannounced assessments by VA officials, the OIG or a 3PAO. The physical security aspects associated with contractor activities are also subject to such assessments. The contractor shall report, in writing, any deficiencies noted during the above assessment to the VA COR/CO. The contractor shall use VA’s defined processes to document planned remedial actions that address identified deficiencies in information security policies, procedures, and practices. The contractor shall correct security deficiencies within the timeframes specified in the VA Information Security Knowledge Service. |
| f. | All major information system changes which occur in the production environment shall be reviewed by the VA to determine the impact on privacy and security of the system. Based on the review results, updates to the Authority to Operate (ATO) documentation and parameters may be required to remain in compliance with VA Handbook 6500 and VA Information Security Knowledge Service requirements. |
| g. | The contractor shall conduct an annual privacy and security self-assessment on all information systems and outsourced services as required. Copies of the assessment shall be provided to the COR/CO. The VA/Government reserves the right to conduct assessment using government personnel or a third-party if deemed necessary. The contractor shall correct or mitigate any weaknesses discovered during the assessment. |
| h. | VA prohibits the installation and use of personally owned or contractor-owned equipment or software on VA information systems. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW, PWS, PD or contract. All security controls required for government furnished equipment must be utilized in VA approved Other Equipment (OE). Configuration changes to the contractor OE, must be funded by the owner of the equipment. All remote systems must use a VA-approved antivirus software and a personal (host-based or enclave based) firewall with a VA-approved configuration. The contractor shall ensure software on OE is kept current with all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-virus software and the firewall on the non-VA owned OE. Approved contractor OE will be subject to technical inspection at any time. |
| i. | The contractor shall notify the COR/CO within one hour of disclosure or successful exploits of any vulnerability which can compromise the confidentiality, integrity, or availability of the information systems. The system or effected component(s) need(s) to be isolated from the network. A forensic analysis needs to be conducted jointly with VA. Such issues will be remediated as quickly as practicable, but in no event longer than the timeframe specified by VA Information Security Knowledge Service. If sensitive personal information is compromised reference VA Handbook 6500.2 and Section 5, Security Incident Investigation. |
| j. | For cases wherein the contractor discovers material defects or vulnerabilities impacting products and services they provide to VA, the contractor shall develop and implement policies and procedures for disclosure to VA, as well as remediation. The contractor shall, within 30 business days of discovery, document a summary of these vulnerabilities or defects. The documentation will include a description of the potential impact of each vulnerability and material defect, compensating security controls, mitigations, recommended corrective actions, root cause analysis and/or workarounds (i.e., monitoring). Should there exist any backdoors in the products or services they provide to VA (referring to methods for bypassing computer authentication), the contractor shall provide the VA CO/CO written assurance they have permanently remediated these backdoors. |
| k. | All other vulnerabilities, including those discovered through routine scans or other assessments, will be remediated based on risk, in accordance with the remediation timelines specified by the VA Information Security Knowledge Service and/or the applicable timeframe mandated by Cybersecurity & Infrastructure Security Agency (CISA) Binding Operational Directive (BOD) 22- 01 and BOD 19-02 for Internet-accessible systems. Exceptions to this paragraph will only be granted with the approval of the COR/CO. |
8. SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING, ASSESSMENT
AND AUDITING. This entire section applies whenever section 6 or 7 is included.
| a. | Should VA request it, the contractor shall provide a copy of their (corporation’s, sole proprietorship’s, partnership’s, limited liability company (LLC), or other business structure entity’s) policies, procedures, evidence and independent report summaries related to specified cybersecurity frameworks (International Organization for Standardization (ISO), NIST Cybersecurity Framework (CSF), etc.). VA or its third-party/partner designee (if applicable) are further entitled to perform their own audits and security/penetration tests of the contractor’s IT or systems and controls, to ascertain whether the contractor is complying with the information security, network or system requirements mandated in the agreement between VA and the contractor. |
| b. | Any audits or tests of the contractor or third-party designees/partner VA elects to carry out will commence within 30 business days of VA notification. Such audits, tests and assessments may include the following: (a): security/penetration tests which both sides agree will not unduly impact contractor operations; (b): interviews with pertinent stakeholders and practitioners; (c): document review; and (d): technical inspections of networks and systems the contractor uses to destroy, maintain, receive, retain, or use VA information. |
| c. | As part of these audits, tests and assessments, the contractor shall provide all information requested by VA. This information includes, but is not limited to, the following: equipment lists, network or infrastructure diagrams, relevant policy documents, system logs or details on information systems accessing, transporting, or processing VA data. |
| d. | The contractor and at its own expense, shall comply with any recommendations resulting from VA audits, inspections and tests. VA further retains the right to view any related security reports the contractor has generated as part of its own security assessment. The contractor shall also notify VA of the existence of any such security reports or other related assessments, upon completion and validation. |
| e. | VA appointed auditors or other government agency partners may be granted access to such documentation on a need-to-know basis and coordinated through the COR/CO. The contractor shall comply with recommendations which result from these regulatory assessments on the part of VA regulators and associated government agency partners. |
9. PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT
AND ANTI-TAMPERING. This entire section applies when the acquisition involves any product (application, hardware, or software) or when section 6 or 7 is included.
a. The contractor shall comply with Code of Federal Regulations (CFR) Title 15 Part 7, “Securing the Information and Communications Technology and Services (ICTS) Supply Chain”, which prohibits ICTS Transactions from foreign adversaries. ICTS Transactions are defined as any acquisition, importation, transfer, installation, dealing in or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs or the platforming or data hosting of applications for consumer download.
| b. | When contracting terms require the contractor to procure equipment, the contractor shall purchase or acquire the equipment from an Original Equipment Manufacturer (OEM) or an authorized reseller of the OEM. The contractor shall attest that equipment procured from an OEM or authorized reseller or distributor are authentic. If procurement is unavailable from an OEM or authorized reseller, the contractor shall submit in writing, details of the circumstances prohibiting this from happening and procure a product waiver from the VA COR/CO. |
| c. | All contractors shall establish, implement, and provide documentation for risk management practices for supply chain delivery of hardware, software (to include patches) and firmware provided under this agreement. Documentation will include chain of custody practices, inventory management program, information protection practices, integrity management program for sub-supplier provided components, and replacement parts requests. The contractor shall make spare parts available. All contractor(s) shall specify how digital delivery for procured products, including patches, will be validated and monitored to ensure consistent delivery. The contractor shall apply encryption technology to protect procured products throughout the delivery process. |
| d. | If a contractor provides software or patches to VA, the contractor shall publish or provide a hash conforming to the FIPS Security Requirements for Cryptographic Modules (FIPS 140-2 or successor). |
| e. | The contractor shall provide a software bill of materials (SBOM) for procured (to include licensed products) and consist of a list of components and associated metadata which make up the product. SBOMs must be generated in one of the data formats defined in the National Telecommunications and Information Administration (NTIA) report “The Minimum Elements for a Software Bill of Materials (SBOM).” |
| f. | Contractors shall use or arrange for the use of trusted channels to ship procured products, such as U.S. registered mail and/or tamper-evident packaging for physical deliveries. |
| g. | Throughout the delivery process, the contractor shall demonstrate a capability for detecting unauthorized access (tampering). |
| h. | The contractor shall demonstrate chain-of-custody documentation for procured products and require tamper-evident packaging for the delivery of this hardware. |
| 10. | VIRUSES, FIRMWARE AND MALWARE. This entire section applies when the acquisition involves any product (application, hardware, or software) or when section 6 or 7 is included. |
| a. | The contractor shall execute due diligence to ensure all provided software and patches, including third-party patches, are free of viruses and/or malware before releasing them to or installing them on VA information systems. |
| b. | The contractor warrants it has no knowledge of and did not insert, any malicious virus and/or malware code into any software or patches provided to VA which could potentially harm or disrupt VA information systems. The contractor shall use due diligence, if supplying third-party software or patches, to ensure the third-party has not inserted any malicious code and/or virus which could damage or disrupt VA information systems. |
| c. | The contractor shall provide or arrange for the provision of technical justification as to why any “false positive” hit has taken place to ensure their code’s supply chain has not been compromised. Justification may be required, but is not limited to, when install files, scripts, firmware, or other contractor-delivered software solutions (including third-party install files, scripts, firmware, or other software) are flagged as malicious, infected, or suspicious by an anti-virus vendor. |
| d. | The contractor shall not upload (intentionally or negligently) any virus, worm, malware or any harmful or malicious content, component and/or corrupted data/source code (hereinafter “virus or other malware”) onto VA computer and information systems and/or networks. If introduced (and this clause is violated), upon written request from the VA CO, the contractor shall: |
| (1) | Take all necessary action to correct the incident, to include any and all assistance to VA to eliminate the virus or other malware throughout VA’s information networks, computer systems and information systems; and |
(2) Use commercially reasonable efforts to restore operational efficiency and remediate damages due to data loss or data integrity damage, if the virus or other malware causes a loss of operational efficiency, data loss, or damage to data integrity.
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SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.
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