36C24426Q0981.docx

SUBJECT*

Mobile MRI Lease Brand Name

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 4

1010 Delafield Rd.

POINT OF CONTACT*

Derek Chuff Contract Specialist Derek.Chuff@va.gov N/A

PLACE OF PERFORMANCE

1111 East End Blvd Wilkes-Barre, PA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with Subpart 12 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 36C24426Q0981.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2026-01 effective 13 March 2026, 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 for this procurement is 532490 (Other Commercial and Industrial Machinery and Equipment Rental and Leasing industry) with a size standard of $40.0 M. The Product Service Code (PSC) is W065 (Lease or Rental of Equipment: Medical, Dental, and Veterinary Equipment and Supplies).

Wilkes-Barre Veterans Affairs Medical Center (WBVAMC) 1111 East End Blvd, Wilkes-Barre, PA 18711 is in need of interim mobile MRI (Magnetic Resonance Imaging) system for approximately 3 months with the option to add additional months if needed. The replacement of the existing in-house MRI system will determine the length of stay needed for the interim unit. Approximate dates have been established as 10-15-26 for mobile MRI delivery /setup and 1-14-27 as removal of mobile MRI. Scanning times will be 700am-700pm, Monday through Thursday, 7am-430pm on Friday and 7am-1pm Saturday and Sunday. Wilkes-Barre VAMC will staff the mobile system. The mobile MRI must be maintained and serviced by the original equipment manufacturer (OEM).

Complete instructions for submitting a response to this solicitation and applicable provisions and clauses are found in “36C24426Q0981.” 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 is 30 days After Receipt of Order (ARO) estimated from 10/15/2026 through 1/14/2027. 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.sam.gov.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice BRAND NAME: This is a brand name only requirement supported with a brand name justification. Only authorized Mobile MRI provider of the original equipment manufacturer (OEM), Siemens, will be eligible for award. Brand Name: Siemens Magnetom Aera system with 1.5 Tesla. The required equipment for the Wilkes-Barre Veterans Affairs Medical Center, specifically Siemens Magnetom Aera system with 1.5 Tesla — possess unique technical and clinical characteristics esse22ntial to VA’s MRI capabilities.

Combined Synopsis/Solicitation Notice

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: Christine Shockley, Contracting Officer Christine.Shockley@va.gov Department of Veterans Affairs Network Contracting Office 4

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

STATEMENT OF WORK (SOW)

WBVAMC is requesting a Siemens Magnetom Aera system with 1.5 Tesla for seamless transition of WBVAMC technologist competent with the current system they are using.

Contractor will supply pricing for an unstaffed mobile MRI system on a fee per month basis.

Contractor will be responsible for providing ACCLIMATIONS TRAINING (2 DAYS). The contractor will schedule all work with the Imaging Department. The facility point of contact (POC) for Wilkes-Barre VAMC Imaging Service is Janet Walck, Imaging Supervisory Technologist, (570) 824-3521 ext. 27481. Contractor shall e-mail all service reports to the Imaging Service detailing the work performed. E-mail contact is JanetLynn.Walck@va.gov. Failure to e-mail service reports may delay contractor payment.

CONTRACTOR’S FURNISHED EQUIPMENT:

Equipment shall include, but not be limited to, a Contractor furnished fully equipped MRI Mobile Trailer where studies will be performed on an MRI scanner. All equipment to be used shall be Food and Drug Administration (FDA) approved imaging equipment placed at the area shown in the attached site plan. The entire offering of a MRI Mobile Trailer service shall meet all local, state, federal, industry, The Joint Commission or equivalent standard, National Electrical Code (NEC), National Fire Protection Association (NFPA), Veterans Administration (VA), Occupational Safety and Health Administration (OSHA). While on Federal property, the contractor’s personnel shall abide by all policies of the WBVAMC to include but not limited to: smoking, HIPAA, information security, radiation and patient safety policies.

SYSTEM CAPABILITY REQUIREMENTS:

The Contractor shall provide an on-site Mobile MRI system that is a full body MRI scanner system in accordance with the terms and conditions of this requirement. The unit shall have the ability to perform a wide range of exams as listed below. The types of exams expected to be performed with the MRI are:

- MRI head/brain

- MRI neck/spine

- MRI torso/abdomen/pelvis

- MRI extremities Coils will be supplied to perform the above exams by the contractor.

MOBILE UNIT CAPABILITIES:

Contractor shall provide the following:

- Ability to create, store and export Digital Imaging and Communications in Medicine (DICOM), Joint Photographic Experts Group (JPEG) and Moving Picture Experts Group (MPEG) file formats.

- The mobile unit shall be equipped with Compact Disk-Recordable CD-R/DVD-R burning capabilities as a backup to network transfer of data.

- The mobile unit shall be equipped with an Image Analysis Station for image registration quality assurance.

- The Contractor’s MRI trailer shall provide the space sufficient and appropriate equipment for the monitoring of sedated patients and conducting cardiopulmonary resuscitation if necessary.

MOBILE UNIT ACCESSORIES: Accessory equipment that shall be provided by the Contractor:

a. Handicap accessibility

b. Intercom system between the control room and scanning room

c. MRI injector MOBILE UNIT EQUIPMENT SPECIFICATIONS: The following minimum performance characteristics of the equipment are required:

- The mobile MRI shall provide images with consistently high technical quality to be approved by VA employed experts. Poor image quality will be considered non-performance under this contract and must be remedied within 30 days of notification.

- The vendor shall provide hardware and software maintenance and support during the term of this contract. Preventative maintenance and equipment service is to be performed by the OEM.

- The Mobile MRI unit shall be ready for use regardless of outside environmental conditions.

- The Mobile MRI unit shall maintain a temperature to assure proper operation of the scanner without frequent calibration and provide for patient comfort.

- The Mobile MRI unit shall meet all federal, state, and local fire and safety requirements.

- Telecommunications: The mobile unit shall be equipped with outlet jack connections capable of transmitting data and voice through Government provided category five (5) cable and dual pair phone cable. The Government will provide the connection required for the transmission of images, data, and voice.

p. The mobile unit shall support DICOM Modality Work list (DMWL), for future use.

q. The mobile unit shall be able to export DICOM images to at least one destination.

r. System shall have been approved by the Federal Drug Agency (FDA) and meets or exceeds minimal standards for the type of equipment being provided as defined herein

s. The Government will provide the connection required for the transmission of images, data, and voice.

EQUIPMENT MAINTENANCE: Equipment provided shall be in good working order always to provide high quality scans required under this requirement. Contractor shall be completely responsible for the preventive maintenance, emergency and general repairs, safety, cleaning, and upkeep of all equipment furnished by the Contractor. Preventative maintenance/repairs on the Mobile PET/CT unit and all associated equipment shall be performed by the OEM.

Contractor shall maintain property insurance on all equipment throughout the duration of the contract and shall provide proof of insurance to the Contracting Officer’s Representative.

SITE PREPARATION: WBVAMC will provide a docking site for the contractor’s PET/CT Scan mobile unit. The Contractor or designee shall perform a site visit at WBVAMC after notification of contract award and prior to commencement of work to coordinate with the facility POC to confirm site conditions for trailer/mobile unit docking.

SITE PLANS:

CONTRACTOR’S QUALIFICATIONS: The contractor must be regularly established in the business called for, financially responsible and have the necessary equipment to furnish the services for all items under this requirement. The successful Contractor shall meet all Federal, State, and Local codes and requirements for the operation of this service and equipment provided.

CONTRACTOR’S RESPONSIBILITIES:

a. Contractor shall be responsible for training WBVAMC MRI technologists on the use of the MRI equipment, workstation and image analysis software as directed by the facility POC.

b. Contractor shall be responsible for the delivery of the MRI trailer and will facilitate the following start up functions:

c The contractor shall perform whatever tests are necessary so that the mobile trailer and all associated equipment is fully operational, safe and ready for services so that the schedule of patients is maintained always.

d The contractor shall ensure that the mobile trailer is properly positioned and docked. Contractor shall also ensure that the normal temperature within the mobile trailer is set and maintained prior to services.

e The contractor shall ensure that the mobile trailer is level and safe for all WBVAMC patients and employees and that appropriate utilities are connected for proper warm up of all on board systems.

f. Contractor shall be responsible for ensuring quality diagnostic images are provided always. WBVAMC reserves the right to require corrective action if image quality or other service problems are brought to the attention of the Contractor.

g. Contractor shall be responsible that billing is in accordance with the correct pricing.

DATA/IMAGE TRANSFER SUPPORT: Contractor shall provide IT Technical Support while the MRI mobile unit is located on-site. Technical Support personnel must have complete knowledge of all Transmission Control Protocols/Internet Protocols (TCP/IP) modification required to interface with the VA network and the Contractor shall provide IT Technical Support to facilitate data transfer to the VA network.

The Contractor will be provided an IP address for Source Data, Default Gateway, and Subnet Mask from VA OI&T personnel. The Contractor shall be responsible for implementation of data transfer to the VA network with the assistance of VA OI&T personnel. The mobile truck’s IP address cannot be part of the VA network. The IP range for the workstation/equipment must be in a range supplied by the government. It should allow for the IP address to be changed locally. The VA will create an Access Control List (ACL) to address security controls. The Contractor shall ensure all IT devices located in the mobile unit be cleansed of all virus and malware prior to connecting to the VA network.

CONTRACTOR FURNISHED FACILITIES, SERVICES, SUPPLIES AND EQUIPMENT:

a. Contractor shall be responsible for leveling of the vehicle at location designated by WBVAMC.

b. Contractor shall contact the facility POC to make the necessary arrangements for a site visit where the actual location of the mobile trailer shall be located so that precise measurements etc. can be taken by the Contractor who shall be responsible to confirm compatibility of the docking pad and connections as noted herein. Any additional costs because of the Contractor’s failure to confirm the above shall be the responsibility of the Contractor.

c. Contractor shall be held responsible for any damages, which may be done to the WBVAMC property during delivery, hookup and/or removal of equipment at the site. Any damages caused by the Contractor shall be repaired at the Contractor’s expense to the satisfaction of the facility Chief of Engineering.

d. Proper installation/staging of the Contractor’s furnished equipment including the mobile trailer must be completed in accordance with industry standards, all OSHA regulations and applicable manufacturer’s recommendations. The above must be completed prior to commencement of services. Dates and time for completion of the above shall be mutually agreed upon between the WBVAMC and the Contractor.

NON-CONFORMING PRODUCTS OR SERVICES: Non-conforming products or services will be rejected. Unless otherwise agreed by the parties, deficiencies shall be corrected within seven (7) days of the rejection notice. If the deficiencies cannot be corrected within seven (7) days, the Contractor shall immediately notify the facility POC and the Contracting Officer of the reason for the delay and provide a proposed corrective action plan within seven (7) working days.

EMERGENCY REPAIRS:

Emergency Service: Contractor shall provide, at no cost to the WBVAMC, all emergency service to include all required parts, labor, preventive maintenance/repairs of positron emission tomography (PET/CT) structure and equipment by the OEM.

Response Time: In the event of an equipment failure during normal working hours the facility POC shall notify the Contractor immediately after discovery of equipment failure. Every effort should be made to keep equipment down time to a minimum of 24 hours or less. If repair services are required to be performed on site after the normal working hours, the contractor must notify the facility POC and the VA Police that repair services will be performed on-site. All emergency repairs are the responsibility of the contractor and only qualified service engineers shall perform emergency repairs.

Replacement Unit: If the equipment fails and the failed equipment is un-repairable, the contractor must obtain an alternate unit which shall be available on the next scheduled day and which meets all the requirements of the resulting contract to ensure that schedule services shall be performed as agreed upon under this agreement.

DOCUMENTATION/REPORTS:

- The contractor shall provide equipment and maintenance reports to the facility POC if requested during the duration of the contract. The contract shall also provide system pre-check and associated documentation at the time the unit is set up. This is to ensure safety of equipment utilized by WBVAMC personnel/beneficiaries.

- The contractor shall permit onsite inspection by personnel selected by WBVAMC without prior notice to ensure the contractor’s equipment is operated in accordance with appropriate safety guidelines and/or regulations as applicable.

- The WBVAMC may require specialized documentation to satisfy the requirements of local, state, and federal government agencies, and independent consultants such as The Joint Commission, as well as for “services rendered” verification for payment of monthly statement. At a minimum, the following information shall be maintained by the contractor and be available for inspection by a duly authorized VA representative:

• Certificate of Insurance not limited to but, includes: Professional Liability, Worker’s Compensation, liability and property insurance of contractor’s furnished equipment shall be submitted to the Contracting Officer within ten (10) calendar days of receipt of notification of award. It is agreed upon and understood that the WBVAMC shall not be held responsible for any damage or vandalism, which may be caused to the contractor’s equipment while on WBVAMC premises.

• Required Federal, State and local licenses.

REMOVAL OF CONTRACTOR’S EQUIPMENT: The contractor shall be responsible for the removal of the MRI trailer from the WBVAMC at the conclusion of the contract period.

* All patient exam data is purged from Contractor’s computer systems once it is verified that exams are viewable on the vendor provided advanced analysis workstations.

* At the termination of the contract, the vendor shall surrender the hard drive to the workstations for destruction.

* VA information retained by the MRI scanner itself and other Contractor equipment shall be returned to the VA at the end of the contract and when no longer required for regulatory purposes. The security of information retained by the MRI scanner and other contractor equipment both during the contract period and post contract period shall be the responsibility of the vendor.

* All connections from the trailer to WBVAMC property are properly disconnected.

* Any temporary site preparations are removed upon completion of services.

* Unit and all necessary accessories, devices and the like are removed from WBVAMC premises.

GOVERNMENT FURNESHED FACILITIES, SERVICES, SUPPLIES AND EQUIPMENT:

The WBVAMC facility shall provide the following:

* 5 MRI Technologists.

* Full medical responsibility for its patients.

* Scheduling of patients for MRI exams.

* The facility will be responsible for transporting patients to and from the main facility designated waiting area to the contractor furnished mobile trailer. Upon completion of services, patients will be transported back to the main hospital.

* All medical supplies, facilities, personnel, and physicians required to provide patients with such emergency medical care as may be required, including oxygen, aspirator and defibrillator when deemed necessary.

COMMENCEMENT OF SERVICES: Commencement of service date is to be coordinated with the facility POC. Unit must be ready for patient services no later than 30 days after contract award unless otherwise agreed to in writing with the Contracting Officer.

PLACE OF INSPECTION AND ACCEPTANCE:

Delivery location of MRI Mobile Trailer site shall be coordinated with the facility POC.

SCOPE OF INSPECTION:

a. Compliance with the statement of work will be inspected for content, completeness, and accuracy and conformance to contract requirements by the facility POC or his/her designee. Inspection will include validation of information or software using automated tolls and/or testing of the deliverables, as specified in the contract order. The scope and nature of this testing must be negotiated prior to the contract award and will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables.

b. Reports, documents, and narrative type deliverables shall only be accepted when all discrepancies, errors or other deficiencies identified in writing by the government have been corrected.

c. Maintenance logs, quality assurance records, and physicist reports shall be available upon request.

d. Payment reconciliation will be accomplished by the government monthly. The facility POC or designated ordering office or officer will validate invoices by reviewing for accuracy. If issues occur the facility POC or designated ordering officer will contact the contractor for clarification and/or correction.

PERIOD OF PERFORMANCE: The period of service is approximately 3 months with the option to add an additional month if needed.

It has been determined that protected health information (PHI) may be used, disclosed, accessed, transmitted, created, stored/maintained, and/or destroyed (providing appropriate proof of destruction in compliance with VA Directive 6371) by the Contractor, and a signed Business Associate Agreement (BAA) will be required. The Contractor will adhere to the requirements set forth within the BAA, referenced in the solicitation, and will comply with all applicable VA/VHA Directives. Once awarded, Contractor and Contracting Officer will collaborate with the appropriate Facility Privacy Officer , Roxanne.Watson@va.gov to implement the appropriate BAA.

NARA Records Management Language for Contracts (May 2017): https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Wilkes-Barre VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Wilkes-Barre VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Wilkes-Barre VAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Wilkes-Barre VAMC control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Wilkes-Barre VAMC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Wilkes-Barre VAMC policy.

8. The Contractor shall not create or maintain any records containing any non-public Wilkes-Barre VAMC information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Wilkes-Barre VAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Wilkes-Barre VAMC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY – APPENDIX C

1. GENERAL. 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.

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 FAR52.227-14 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 facility POC/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 facility POC 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 facility POC/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the facility POC/CO within 30business 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.

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 investigative security 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 facility POC/CO in writing prior to access being granted.

e. The contractor shall notify the facility POC/CO in writing immediately (no later than 24hours) 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 POC/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 POC/CO.

4. TRAINING.

a. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems:

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

(2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role-based information security training].

b. The contractor shall provide to the facility POC/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

5.SECURITY INCIDENT INVESTIGATION.

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 facility POC/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 VAOIG, 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.

6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT.

a. Information systems designed or developed on behalf of VA at non-VA facilities shall comply with all applicable Federal law, regulations, and VA policies. This includes standards for the protection of electronic Protected Health Information(PHI), outlined in 45 C.F.R. Part 164, Subpart C and information and system security categorization level designations in accordance with FIPS 199,Standards for Security Categorization of Federal Information and Information Systems and FIPS 200, Minimum Security Requirements for Federal Information Systems. Baseline security controls shall be implemented commensurate with the FIPS 199 system security categorization (reference VA Handbook 6500 and VA Trusted Internet Connections (TIC) Architecture).

b. Contracted new developments require creation, testing, evaluation, and authorization in compliance with VA Assessment and Authorization (A&A) processes in VA Handbook 6500 and VA Information Security Knowledge Service to obtain an Authority to Operate (ATO). VA Directive 6517, Risk Management Framework for Cloud Computing Services, provides the security and privacy requirements for cloud environments.

c. VA IT contractors, subcontractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500, VA Handbook 6517,Risk Management Framework for Cloud Computing Services and Information Security Knowledge Service specifications in delivered IT systems/solutions, products and/or services. If systems/solutions, products and/or services do not directly match VA security requirements, the contractor shall work though the POC/CO to identify the VA organization responsible for governance or resolution. Contractors shall comply with FAR 39.1, specifically the prohibitions referenced.

d. The contractor (including producers and resellers) shall comply with Office of Management and Budget (OMB) M-22-18 and M-23-16 when using third-party software on VA information systems or otherwise affecting the VA information. This includes new software purchases and software renewals for software developed or modified by major version change after the issuance date of M-22-18 (September 14, 2022). The term “software” includes firmware, operating systems, applications and application services (e.g., cloud-based software), as well as products containing software. The contractor shall provide a self-attestation that secure software development practices are utilized as outlined by Executive Order (EO)14028 and NIST Guidance. A third-party assessment provided by either a certified Federal Risk and Authorization Management Program (FedRAMP) Third Party Assessor Organization (3PAO) or one approved by the agency will be acceptable in lieu of a software producer's self-attestation.

e. The contractor shall ensure all delivered applications, systems and information systems are compliant with Homeland Security Presidential Directive (HSPD)12 and VA Identity and Access management (IAM) enterprise identity management requirements as set forth in OMB M-19-17, M-05-24, FIPS 201-3, Personal Identity Verification (PIV) of Federal Employees and Contractors (or its successor), M-21-31 and supporting NIST guidance. This applies to Commercial Off-The-Shelf (COTS) product(s) that the contractor did not develop, all software configurations and all customizations.

f. The contractor shall ensure all contractor delivered applications and systems provide user authentication services compliant with VA Handbook 6500, VA Information Security Knowledge Service, IAM enterprise requirements and NIST 800-63, Digital Identity Guidelines, for direct, assertion-based authentication and/or trust-based authentication, as determined by the design and integration patterns. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV and/or Common Access Card (CAC), as determined by the business need and compliance with VA Information Security Knowledge Service specifications.

g. The contractor shall use VA authorized technical security baseline configurations and certify to the POC that applications are fully functional and operate correctly as intended on systems in compliance with VA baselines prior to acceptance or connection into an authorized VA computing environment.