36C24820Q0350 (Repaired).pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 43

36C24820Q0350 05-08-2020

Fernando Gabriel Defillo 407-646-4012 05-22-2020 15:00

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

X 100

X

339113

750 Employees

X

N/A

X

36C672

Department of Veterans Affairs Caribbean Healthcare System

Casia St. #10 San Juan PR 00921

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Intent to solicit the Physiological Monitor System for the Caribbean VA Healthcare System.

Send emails to: fernando.defillo@va.gov

See CONTINUATION Page

X X x 1

36C24820Q0350

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

C.2 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 GRAY MARKET LANGUAGE AND COUNTERFEIT ITEMS (APR 2020)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

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: (Company Name)

(Address)

(City-State-Zip)

POINT OF CONTACT:

PHONE NUMBER:

E-MAIL ADDRESS:

DUNS #:

TAX ID (TIN) #:

b. GOVERNMENT:

Pedro Catinchi, Contracting Officer (E): Pedro.CatinchiJaime@va.gov (T): 407-646-4006

Fernando Gabe Defillo, Contracting Specialist (E): Fernando.Defillo@va.gov (T): 407-646-4012

Network Contracting Office 8 (NCO 8) Orlando – Commodities Team 13800 Veterans Way Lakemont Bldg., Room 210 Orlando, FL 32827-7403

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 (JUL 2013)

3. INVOICES/PAYMENT: Invoices shall be submitted in arrears in accordance with:

a. 852.232-72 Electronic Submission of Payment Requests (NOV 2012) mailto:Pedro.CatinchiJaime@va.gov mailto:Fernando.Defillo@va.gov

b. Items are received, inspected and accepted or job completed.

c. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Corporation e- Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to Tungsten Network VA.Registration@tungsten-network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten- Network.com/Login.aspx after their itemized report has been reviewed and approved by the Contracting Officer’s Representative (COR). For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877- 489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info listed in paragraph 5 of the PWS). Invoices shall also include any payment discount terms.

f. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877- 353-9791 or email vafsccshd@va.gov.

g. VA’s Electronic Invoice (e-Invoice) system uses a third-party contractor (Tungsten Network) for submission of electronic invoices. Go to this website to begin submitting electronic invoices, free of charge: http://www.tungsten-network.com/customer-campaigns/veteransaffairs-us/

4. GOVERNMENT INVOICE ADDRESS: (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@ob10.com <http://VA.Registration@ob10.com/>

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/> mailto:VA.Registration@tungsten-network.com https://portal.tungsten-network.com/Login.aspx https://portal.tungsten-network.com/Login.aspx http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ mailto:VA.Registration@ob10.com http://ob10.com/ mailto:vafsccshd@va.gov http://va.gov/

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN

PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED

FOR AWARD.

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

AMENDMENT NO DATE

REQUIREMENTS & INSTRUCTIONS:

See Section E.1. 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017) and Section E.2 GENERAL INSTRUCTIONS TO OFFERORS.

SPECIAL NOTE

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any questions must be submitted in written form via e-mail to fernando.defillo@va.gov and shall be received no later than MONDAY, May 12, 2020 AT 3:00 PM EASTERN STANDARD

TIME (EST).

Quotes will be considered only from offerors who are regularly established in the business called for, who are financially responsible, and able to show evidence of their reliability, ability, experience, facilities and personnel, directly employed by them to render prompt and satisfactory service.

CONTRACT ADMINISTRATION

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

mailto:fernando.defillo@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Item # Description/Part Number*

Qty Price

Extended Amount

1 Patient Information Center iX Expand 866390 1

Patient Information Center iX Expand - OVC Overview Rev C (component) 866390 50

Patient Information Center iX Expand - New Add On or Expand (component) 866390 1

Patient Information Center iX Expand -RVC PIC iX Software Release C (component) 866390 1

Patient Information Center iX Expand - V1C Visibility Rev C (component) 866390 39

6 PIC iX Hardware 866424 6

7 PIC iX Hardware -H1U UPS Hardware (component) 866424 6

8 PIC iX Hardware-HS1PC Hardware with SSD (component) 866424 6

9 PIC iX Hardware -NEW Hardware or OS (component) 866424 6

10 PIC iX Hardware -RVC PIC iX C (component) 866424 6

11 PIC iX Hardware -SPK Second Speaker 866424 6

12 24" Widescreen LCD Display Touch 866126 6

13 Remote IIC Speaker Kit 865053 6

14 IntelliVue MX800 US 865240_NAM 1

IntelliVue MX800 US-Phillips IntelliviVue MX800 Monitor (component) 865240_NAM 0

IntelliVue MX800 US-AL2 MX800 Advanced Monitor (component) 865240_NAM 1

17 Invasive Blood Pressure Module M1006B 862277 1

18 IntelliVue MX550 US 866066 -NAM 32

IntelliVue MX550 US -Phillips IntelliVue MX550 Monitor (component) 866066 -NAM 0

IntelliVue MX550 US -SL1 MX550 Standard Monitor (component) 866066 -NAM 32

21 IntelliVue X3 867030 34

22 IntelliVue X3-A03 3-waves capability (component) 867030 34

23 IntelliVue X3 -B06 Dual Press and Temp (component) 867030 34

24 IntelliVue X3 -E31 Carrying Handle (component) 867030 34

IntelliVue X3 -H72 Critical Care Transport SW (component) 867030 34

26 IntelliVue X3 -J45 Smart Hopping 1F 1.4GHz (component) 867030 34

27 IntelliVue X3-SC1 system cable - 0.75m (component) 867030 34

28 IntelliVue X3 -SP1 FAST SpO2 (component) 867030 34

29 IntelliVue Mounting Solutions M8040A 862122 33

IntelliVue Mounting Solutions-A01 Mounting Plate (component)

M8040A 862122 33

31 IntelliVue Dock 867043 5

32 IntelliVue Moicrostream Extension 867041 5

IntelliVue Microstream Extension -B06 Add dual IBP, Temp (component) 867041 5

34 Dual IBP Adapter 989803199741 39

35 CBL 5 Lead ECG Trunk, AAMI/IEC 2.7m M1668A

989803145061 34

36 CBL 5 Leadset, grabber, AAMI, ICU M1968A

989803125841 34

37 FilterLine H Set Adult/Pedi M1921A

989803105541 2

38 SMART CAPNOLINE O2 plus, ADULT, intermed M2522A

989803129751 2

39 Adult NIBP Air Hose 3.0m M1599B

989803104341 39

40 LNC MP-10 Phillips Dual Keyed Cable 989803148221 39

41 Reusable Clip Adult SpO2 Sensor M1196A

989803128631 39

42 Easy Care Adult Log Kit - 6 sizes 864291 39

43 MX40 1.4 GHz Smart Hopping 865350 6

MX40 1.4 GHz Smart Hopping-C01 Enhanced Arrhythmia (component) 865350 6

MX40 1.4 GHz Smart Hopping -C03 Vitals Trend (component) 865350 6

MX40 1.4 GHz Smart Hopping-S02 ECG + Fast SpO2 Enabled (component) 865350 6

47 CBL ECG 5lead Grabber, AAMI + SpO2, Tele 989803171851 6

48 Reusable Adult SpO2 Sensor M1191B

989803144371 6

49 MX40 lithium-ion battery pkg 3 989803174131 4

50 IntelliVue CL Charging Station 865520 1

51 ED CareArea Packages MXU0525 1

52 ED CareArea Packages-A02 ED Advanced Package MXU0525 1

53 Installation Site Fee H1028B 890500 1

54 Installation Site fee for A04 Facilities Implem Solutions H1028B 890500 0

55 Installation Site Fee H1028B 890500 3

56 Installation Site fee for A09 Remote Hardware H1028B 890500 0

57 IBE System Integration Fee MXU0130 3

IBE System Integration fee for A18 Config Device Add/Update MXU0130 3

59 Wall Channel Seismic 19" MXU0175 34

60 Switch RKVM 4-Port USB (i) 989805700069 2

61 Installation Site Fee H1028B 890500 3

62 Installation Site Fee for A17 US Government Facilities H1028B 890500 0

63 Display Flt Pnl non-touch PIIC iX 23" HP MXU0295 1

64 VHM-25 Mount Counter Top, FP Display Tlt MXU0323 1

65 Clamp Post Rotating MP2/X2/X3 (i) MXU0339 32

66 Interface Module for PIIC iX RS (i) 989805700096 6

67 Host card for PIIC iX RS (i) 989805700097 6

68 Adapter DVI Detachable end (display) (i) MXU0513 1

69 Adapter DVI Detachable end (source) (i) MXU0514 1

70 IntelliVue Network Smart Hopping wired MXU0524 16000

71 IntelliVue Network - Hardwired (per bed) MXU0523 33

72 SH coverage 10,001 to 50,000 sq ft MXU0481 13800

73 Cable Implementation per sq ft MXU0532 1

Cable Implementation per sq ft -A01 Cable Package 1 (component) MXU0532 16000

75 Cable Active Plenum HDMI, 10 meters (i) MXU0519 1

76 Clinical Config. & Impl. Fee (CMS) 890539 4

77 Clinical Config. & Impl. Fee (CMS) for A01 1 Standard Shift 890539 4

79 Clinical Config. & Impl. Fee (CMS)-A06 1 Overtime Shift 890539 9

80 SH coverage up to 10,000 sq ft MXU0480 2200

TOTAL 0.00

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

ALL SHIP TO: Department of Veteran Affairs Caribbean Health Care Systems Calle Casia #10 St.

San Juan, PR 00921

USA

ALL 60 Days ARO

MARK

FOR:

TBD

B.4 STATEMENT OF WORK

STATEMENT OF WORK

1. Project Title: Implementation Bedside Physiologic Monitoring System and Remote Telemetry in Emergency Department VACHS.

2. Background: The VACHS cares for patients with conditions that may require bedside physiologic monitoring across Emergency Department and remote telemetry monitoring to transfer at inpatient setting. The current infrastructure has end-of-life, compatibility, redundancy, communications, and information workflow limitations, which may impact patient safety.

3. Performance Period: To be completed within 30 days from delivery of equipment.

3.1. All labor, training and maintenance are going to take place at Emergency Department facility under VACHS policies.

3.2. VA Caribbean Healthcare System shall limit access to those individuals requiring access to perform functions related with this equipment.

4. Work Requirements:

4.1. The vendor shall provide all labor, supervision, training and all other resources required to deliver the requirements stated herein.

4.2. The vendor will not be issued an account to this system and is not going to perform remote access.

4.3. All vendor employees must successfully complete the Cyber Security Awareness and

Rules of Behavior Training and the appropriate VA Privacy training.

5. Type of Contract: This is a commodities contract that includes the acquisition, installation, implementation, testing, validation and optimization of a critical patient care system.

6. Scope of Work:

6.1. VA-PR: - Upgrade/Replace ED Bedsides:

Patient Information Center iX Expand

6.1.1. Each centralized workstation must have the capacity to store at least, four (4) days of patient data.

6.1.2. Provide at least, remote client workstations to be placed at designated inpatient surgery and medicine wards.

6.1.3. Each workstation shall include, at least: PC hardware with dual video, RAID controllers and secondary speakers, widescreen LCD display.

6.1.4. The system must be capable of alarm escalation to VA-owned Cisco Call Manager.

Contractor is responsible of system integration, testing and validation.

6.1.5. Software for alarm reporting to facilitate gathering and analysis of data needed for measure of success of the VACHS for The Joint Commission Sentinel Event Alarm for Clinical Alarms shall also be provided.

6.1.5.1. These reports shall be customizable by, at least, unit, alarm type, patient, dates.

6.1.5.2. Reports shall have the option to export to spreadsheet application software such as Microsoft Excel.

6.1.6. Virtual environment to accommodate an HL7 Enterprise with ADT System License, EMR System License, Beds License, Patient ID Matching, Wave Form Export.

6.1.7. Additional required features include: Event Management Platform, ADT Adapter, IDN Program Platform, Whiteboard/Command Center, Historical Database, HDB Reporting Tool, Web or Mobility Option.

6.1.8. When the electronic medical record is unavailable, the enterprise solution shall store all HL7 data sent from the primary server. When the electronic medical record is once again available, the data is automatically forwarded to the electronic medical record.

6.1.9. During normal operation, the primary server replicates its primary database to every host in the topology every 5 minutes. If the primary database on the primary server becomes unavailable, the surveillance and overviews database stations shall switch to local mode and use their replicated primary database.

6.1.10. Surveillance and overview database stations shall be configured to auto-reconnect when the server becomes available. Once re-connected, data that had been stored locally (while in local mode) shall continue to be available for review from anywhere in the system where there is network access available.

6.1.11. Provide and install two (2) automatic transfer switches and uninterruptible power supplies (UPS) in each communication closet (Comm. Closet) to be used.

6.2. Wireless Remote Telemetry Transmitters

6.2.1. Rechargeable battery

6.2.2. Color touchscreen display with lock capability of at least 2.5 inches.

6.2.3. Numeric and waveform display capability on display.

6.2.4. Alarm notification

6.2.5. QRS beep

6.2.6. Monitoring parameters: ECG and SpO2

6.2.7. Charging station for rechargeable batteries.

6.2.8. Coverage area

6.3. Deductive Line Item: Critical Care Units

6.3.1.1. General Requirements:

6.3.1.2. Touch screen display of at least 19 inches

6.3.1.3. To include battery power that will last at least two (2) hours

6.3.1.4. Multi parameter module with the following; ECG/Resp, cardiac output, SpO2, invasive blood pressures and temperature,

6.3.1.5. Micro-stream CO2 module

6.3.1.6. Applicable mounting kit with variable-height arm

7. Installation Requirements

7.1. INSTALLATION, INCLUDING TESTING, VERIFICATION/VALIDATION,

IMPLEMENTATION AND TRAINING:

7.1.1. De-install all existing central and client workstations, and physiological monitors.

All these items shall be left appropriately organized and put away in an orderly manner.

7.1.2. Unpack all new equipment. Thorough inspections of new equipment to detect defective components capable of adversely affecting system performance at the go-live.

7.1.3. Replacement of equipment found defective during inspections. Contractor will replace the system component with equal or superior functioning new (not refurbished) equipment or software with respect to any part of the system that is not properly functioning.

7.1.4. Work area shall be kept clean and orderly at all times, especially in patient care areas. Remove and properly dispose all packaging materials including; empty boxes, wrapping material, plastics, pallets, wires, and any other materials to the designated recycling containers.

7.1.5. Perform all equipment installation, integration and implementation services in accordance with manufacturer’s specifications, to comply with required level of performance and accuracy. This also includes HL7 integration.

7.1.6. Perform all pre-production tests on an environment which will be safe for patients, electronic personal health information that allows a systematic validation of all its components. Testing and validation will be done parallel to the existing patient telemetry system without any interruption to its functioning.

7.1.7. Contractor will provide and install any software update, patches and enhancement intended to update system software version or correct software errors and deficiencies prior to first use.

7.1.8. Contractor shall supply all labor, parts, test instruments, tools, hardware and software required to perform all the installations, testing environment, validations, implementations, and movement into production environments.

7.1.9. Unlimited service and technical support calls can be performed during regular hours, 8:00AM to 5:00PM during the system period of warranty at no charge.

Warranty shall start after the first 24 hrs of the system go live.

7.1.10. The response time to emergency calls for service will be no more than one (1) hour after notification during the system period of warranty at no charge.

7.1.11. Contractor will dispatch for onsite visits to service calls within 12 hours in the event that phone or technical support cannot resolve the problem.

7.1.12. On-site service will be offered between 7AM and end by 3PM, except when a change in hours is requested by the VACHS.

7.1.13. Vendor must provide all necessary procedure manuals, troubleshooting manuals and operator manuals.

7.1.14. Vendor must provide education/training on-site and provide basic operating and maintenance training.

7.1.15. All trainings shall include health technician staff in the use of the equipment.

7.1.16. Provides updates or improvements of the equipment when necessary.

7.1.17. Provide all documentation on system configuration and design. Network Layout design for all systems, i.e. Core switches, distribution switches, APC’s, monitors, redundancy, servers, etc. Network design engineer contact as well. Network components mounting options for the data closet.

7.1.18. Wall mounting solutions for the MX800 or the MX550 other than some wall mounting plates. Remotes for the PIC iX hardware. If this installation will not have the PIC iX hardware remote. Mounting solutions to have the hardware surface mounted as these cannot be placed on the floor.

SENSITIVE DATA AND TRAINING

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS:

a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

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

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

d. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

Contractor Personnel Security Requirements:

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance.

This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract the contractor will be responsible for the actions of those individuals that provide or perform work for the VA.

1. Position Sensitivity – The position sensitivity has been designated as low risk.

2. Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check (NACI) with written inquiries.

3. Contractor Responsibilities

a. The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse the VA within 30 days.

The web site which provides information on the cost of the security investigation is:

www.opm.gov\extra\investigate – Select Federal Investigations Notices (FIN 01-01)

b. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak, and understand the English language.

c. The contractor will provide to the Contracting Officer prior to award the following: (1) List of names of contract personnel. (2) Social security numbers of contractor personnel. (3) Home address of contractor personnel or the contractor address.

The Contracting Officer will submit the above information to the Office of Security and Law Enforcement, Washington, D.C. The Office of Security and Law Enforcement will provide the necessary investigative forms (these forms are indicated in paragraph 3.d. below) to the contractor’s personnel, coordinate the background investigations with OPM and notify the Contracting Officer and contractor of the results of the investigation.

d. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt:

(i) Standard From 85P, Questionnaire for Public Trust Positions

(ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions

(iii) FD 258, U.S. Department of Justice Fingerprint Applicant Chart

(iv) VA Form 0710, Authority for Release of Information Form

(v) Optional Form 306, Declaration for Federal Employment

(vi) Optional Form 612, Optional Application for Federal Employment

d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

VA INFORMATION CUSTODIAL LANGUAGE:

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

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements.

VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources http://www.opm.gov/extra/investigate to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.1, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor 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 health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

SECURITY INCIDENT INVESTIGATION:

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

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

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. 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 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.

LIQUIDATED DAMAGES FOR DATA BREACH:

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a)date of occurrence;

(b)data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 for affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

SECURITY CONTROLS COMPLIANCE TESTING:

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training and Privacy and HIPAA Training and HIPAA Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, 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 training and documents are complete.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

*** IF APPLICABLE***

INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 11 configured to operate on Windows 10 future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration.

Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST

Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/subcontractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware.

The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COTR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office.