36C24823Q0948.docx

36C24823Q0948

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.

UEI:

EFT:

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. SIGNAT

URE 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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C24823Q0948 04-21-2023 Paul Jarrett 813-436-6517 05-17-2023

10AM

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite Tampa FL 33637 X 811210 $30 Million N/A X Department of Veterans Affairs C. W. Bill Young VA Medical Center 10000 Bay Pines Blvd Bay Pines FL 33744 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Provide implementation and maintenance support services on Radiation Oncology Systems for the C. W. Bill Young VA Medical Center.

The contractor shall perform services in accordance with the Performance Work Statement (PWS).

Enter all pricing in Section B.2 “Price Schedule” Submit all questions by email to Paul.Jarrett@va.gov no later than Friday, 04/28/23 at 3:00 PM EST.

See CONTINUATION Page

TO BE PROVIDED

X X X Paul Jarrett Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

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.

https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Radiation Oncology Support Service:

• 2 Total Linacs

• 40 ARIA RO Users

• 4 Planning Users

• 6 Calc Eclipse Users

• 6 FAS Servers Hosted

• Default Data Protection

• NON-CLINICAL SYSTEM SUPPORT

• Non Clinical T-Box System (Includes Citrix support for up to 5 Users)

• No Non-Clinical FAS Server Phase Uplift

- 4 Eclipse Calculation Users

- 4 GPU FAS

- 3 GPU Card Kits for 3 existing FAS Contract Period: Base POP Begin: 05-22-2023 POP End: 05-21-2024 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Radiation Oncology Support Service:

• 40 ARIA RO Users

• 4 Planning Users

• 6 Calc Eclipse Users

• 6 FAS Servers Hosted

• Default Data Protection

• NON-CLINICAL SYSTEM SUPPORT

• Non Clinical T-Box System (Includes Citrix support for up to 5 Users)

• No Non-Clinical FAS Server Phase Uplift

- 4 Eclipse Calculation Users

- 4 GPU FAS

- 3 GPU Card Kits for 3 existing FAS Contract Period: Option 1 POP Begin: 05-22-2024 POP End: 05-21-2025

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Radiation Oncology Support Service:

• 40 ARIA RO Users

• 4 Planning Users

• 6 Calc Eclipse Users

• 6 FAS Servers Hosted

• Default Data Protection

• NON-CLINICAL SYSTEM SUPPORT

• Non Clinical T-Box System (Includes Citrix support for up to 5 Users)

• No Non-Clinical FAS Server Phase Uplift

- 4 Eclipse Calculation Users

- 4 GPU FAS

- 3 GPU Card Kits for 3 existing FAS Contract Period: Option 2 POP Begin: 05-22-2025 POP End: 05-21-2026

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Radiation Oncology Support Service:

• 40 ARIA RO Users

• 4 Planning Users

• 6 Calc Eclipse Users

• 6 FAS Servers Hosted

• Default Data Protection

• NON-CLINICAL SYSTEM SUPPORT

• Non Clinical T-Box System (Includes Citrix support for up to 5 Users)

• No Non-Clinical FAS Server Phase Uplift

- 4 Eclipse Calculation Users

- 4 GPU FAS

- 3 GPU Card Kits for 3 existing FAS Contract Period: Option 3 POP Begin: 05-22-2026 POP End: 05-21-2027

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Radiation Oncology Support Service:

• 40 ARIA RO Users

• 4 Planning Users

• 6 Calc Eclipse Users

• 6 FAS Servers Hosted

• Default Data Protection

• NON-CLINICAL SYSTEM SUPPORT

• Non Clinical T-Box System (Includes Citrix support for up to 5 Users)

• No Non-Clinical FAS Server Phase Uplift

- 4 Eclipse Calculation Users

- 4 GPU FAS

- 3 GPU Card Kits for 3 existing FAS Contract Period: Option 4 POP Begin: 05-22-2027 POP End: 05-21-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

B.3 DELIVERY SCHEDULE

Page 1 of Page 1 of

B.4 PERFORMANCE WORK STATEMENT

Scope of Work The Bay Pines VA Healthcare System requires implementation and sustainment support of a virtual infrastructure for its new radiation oncology information systems, to include maintaining both the necessary hardware and software, at the CW Bill Young VA Medical Center. The purpose of this contract is to provide the virtual infrastructure for the radiation oncology information systems, manage and maintain the infrastructure, and update and/or upgrade the hardware and software as necessary to ensure that the virtual environment is kept up-to-date and fully supported.

Performance Schedule The period of performance (POP) for this contract shall be determined upon award.

Place of Performance The virtual infrastructure shall be located at the CW Bill Young VA Medical Center, 10000 Bay Pines Blvd., Bay Pines, Florida 33744. The entire system shall be located on VA property with no cloud computing components.

Background The current radiation oncology planning and treatment system at Bay Pines VA Healthcare System no longer runs on workstations with the current supported operating systems. This presents information security vulnerabilities because the operating systems can no longer receive patches or updates. The client software shall only run on the Microsoft Windows 7 operating system. The current system runs on VA owned servers and workstations that are no longer supported. This requirement is for an all-inclusive radiation oncology planning and treatment medical system. The vendor shall supply the complete planning and treatment system, including all required software and hardware that is an integral part of the medical system. This requirement shall remain the property of the vendor and be kept technologically current.

Requirement Overview The Contractor shall provide sustainment support of new radiation oncology information systems virtual infrastructure environment to include hardware and software upgrade throughout the contract period of performance (POP). The infrastructure shall need to be able to support hosting at the CW Bill Young VA Medical Center, Bay Pines VA Healthcare System.

Virtual Management (VM) Servers – There shall be a defined number of VM servers that shall be able to host the following:

Domain Controller Treatment Planning Systems (TPS)/Treatment Management Systems (TMS) – e.g., Aria and Eclipse Applications Server for Various Functions – e.g., Treatment Management Database for TPS/TMS, Imaging, Interface, DICOM, Test, Backup, and DICOM-RT Archive Citrix Virtual Desktop Infrastructure (VDI) Environment Management/Network Servers – e.g., Active Directory, Domain Name System (DNS), and Monitoring Services On-rack backup solution Hardware – The infrastructure hardware shall include the following:

Layer 3 Firewall Appliance (FIPS Certified) Inter-Rack Switching N+1 VM Host Servers – 5 at Minimum Storage Array Servers – 20 Terabytes at Minimum 42U Server Rack Software – The infrastructure software shall include the following:

Virtual environment application licensing – e.g., Hypervisor VDI/Citrix Environment Application licensing – e.g., 10-50 Concurrent Users Cisco Application Licensing Licensing for MS Office – e.g., 10-50 Concurrent Users Licensing for Windows Server Operating Systems – Up to 25 VM Servers During the third year of contract POP, the vendor shall perform a thorough end of life assessment of all sites and for all hardware and software included in this contract and shall provide a written assessment to the Bay Pines VA Healthcare System. If hardware or software reach end of life within 24 months after the POP, the vendor shall start planning for replacement or upgrade. Replacement or upgrade must be completed prior to the end of contract POP.

The terms and conditions of operations and maintenance support is detailed in Section 4.

Professional Services The Contractor shall provide professional services during the deployment of a new infrastructure and during any major system upgrade(s) to it.

Contractor Project Management Plan The Contractor shall deliver a Contractor Project Management Plan (CPMP) that provides at minimum the following information:

A single point-of-contact between the VA and the Contractor to coordinate all aspects of site survey, site preparation, network integration, modality integration, other information system integration, equipment installation, testing, and customer training Appropriate timelines that shall satisfy the requirements of a successful system installation Schedules and timelines Meeting minutes and action items from scheduled meetings with the VA Plan for ensuring that all project and VA documentation is completed and delivered to the VA Schedule for recurring project meetings The CPMP shall document the Contractor’s approach, timeline, and tools to be used in execution of the contract. The CPMP should take the form of both a narrative and graphic format that displays the schedule, milestones, risks, and resource support.

The Contractor shall update and maintain the VA-approved CPMP throughout the period of deployment.

Onsite Site Assessment The Contractor is required to provide onsite site assessment at each location to ensure the VA has sufficient infrastructure (i.e., power, data jacks, bandwidth, HVAC, etc.). The Contractor is not required to provide any changes to the infrastructures; however, if accessories like a rack, patch panel, KVM, PDU, or UPS are needed and not available at the site, then the Contractor shall provide these to the VA.

Deployment and Implementation All schedule down time shall be completed after clinical practice hours, local time.

All deliveries shall be coordinated with the identified VA site point-of-contact.

The Contractor’s employees shall adhere to the VA site’s physical access policy.

Testing Plan The Contractor is required to provide a Testing Plan that includes at minimum the following requirements:

Deliverables Upon award, the Contractor shall provide the following deliverables:

CPMP and Schedule VA 6550 Form and Manufacturer Disclosure Statement for Medical Device Security (MDS2) of all Medical System Applications Network Diagram and Design Module Test Plan and Test Results Network inventory of all Network Components – VA shall provide the inventory template.

Physical Inventory and Delivery Document Instruction to Vendor Customer Service Helpdesk Cybersecurity Mitigation Strategy Operation and Maintenance Definitions Component: Components shall be defined as the Contractor provided hardware and software systems outlined in this PWS.

System: System shall be defined as the integrated network of all Contractor provided hardware and software components.

Core System: Core System shall be defined as that subset of the System that includes the following components: database, servers (including Web servers), all intermediate storage and long-term archive devices, network switches (if vendor provided).

Component Failure: Component Failure shall be defined as any component malfunction which renders the component unable to perform its intended function and requires corrective maintenance, alignment, calibration, or replacement. Any component which is comprised of subcomponents (i.e., workstation comprised of monitors, CPU, keyboard, etc.) shall be treated as a single entity. Therefore, failure of any subcomponent (i.e., a monitor) shall constitute failure of the component (i.e., the workstation).

Core System Failure: Core System Failure shall be defined as any emergency in which any one or multiple components comprising the core system requires immediate corrective maintenance. Such a failure may be brought on by failure of a single or multiple core system component such that system performance parameters defined herein are not being met.

Quarterly Days of Operation: Quarterly Days of Operation shall be defined as the total number of calendar days subject to maintenance service in the specific 3 months quarter being calculated.

Principal Period of Maintenance: The principal period of maintenance (PPM) shall be defined as the total number of available maintenance service hours in the applicable calculation period.

Backups: Backups shall be defined as both treatment and system data being backed up on-rack or within the virtual server environment at the CW Bill Young VA Medical Center.

Backups The Contractor shall provide a solution for both treatment and system data to be backed up within the virtual server rack environment at the CW Bill Young VA Medical Center.

Backups shall be performed by the Contractor-provided solution every night, outside of business hours.

Hours of Coverage Principle Period of Maintenance: 24 hours a day, 7 days a week (24x7) Telephone and Remote Support via VA Site to Site VPN (A Memorandum of Understanding/Interconnection Security (MOU-ISA) shall be established prior to award). Vendors shall maintain a current MOU prior to and throughout the entire POP for this award. Current for this action refers to no later than one year for the initial award, and no later than one year prior to any option being exercised.

Onsite Support: Normal hours of coverage are Monday through Friday Local Operation Time.

Excluding the federal holidays listed in Table 1. Any other day specifically declared a National Holiday by the President of the United States. When one of the designated legal holidays falls on a Sunday, the following Monday shall be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by US Government Agencies.

Table 1: U.S. Federal Holidays Response Time: The Contractor shall respond within 24 hours with onsite support or 2 hours with remote support upon receiving a service call.

Software Maintenance Software Update: Hardware, software or firmware changes that are required to update, fix, or improve existing functionality of a system. An example of an update is changing from version 1.0 to version 1.1. Application Test share shall be used to test the update prior to Production Server update.

Software Upgrade: Hardware, software or firmware changes that provide additional features and functionality to an existing system. An example of an update is changing from version 1.0 to version 2.0. Application Test share shall be used to test the update prior to Production Server update.

The Contractor shall provide software updates to installed system functionality at no additional cost to the Government.

Scheduled Services Maintenance Plan Scheduled maintenance shall include the calibration, cybersecurity patch, and scheduled preventive services performed on the system equipment.

The Contractor shall furnish a scheduled maintenance plan/schedule for each installation.

To the maximum extent possible, scheduled maintenance shall be performed on individual components of the system so as not to affect the operation of the entire system.

The Contractor shall perform any scheduled services which shall result in system downtime at times outside of the Principal Period of Maintenance.

The Contractor shall perform all other scheduled services which shall NOT result in system downtime at times convenient to the Government.

The Contractor shall schedule and coordinate scheduled services and obtain approval of the schedule by the Government’s representative at the site.

Service reports of all scheduled services performed shall be verified by the Government POC, maintained, and turned over to the Government POC. The Contractor shall also provide service reports to the Contracting Officer upon request.

Deliverable Quarterly Report

Corrective Maintenance The Contractor shall repair the equipment to functional level equivalent to the original manufacturer’s specifications.

The Contractor shall provide parts, if required to effect repair, within 24 hours of diagnosing the problem.

There shall be no hourly charge to the Government for unscheduled maintenance performed within the normal hours of coverage defined in the statement of work. Work performed outside the PPM of coverage, at the request of the COR, shall be invoiced at the price listed in the schedule. Invoicing may include service time plus one (1) hour for travel time. In the event of a Government caused delay, the VA shall pay hourly labor charges for unscheduled service the inadvertently extends beyond the specified normal hours of coverage.

The Contractor shall furnish all spare and replacement parts under the terms of this contract. The price of all parts used to perform all scheduled preventive and unscheduled maintenance shall be included in the price of this contract as listed in the schedule. The Government shall not pay for any parts provided (during either scheduled or unscheduled maintenance), by the Contractor during the performance of this contract. Only new standard parts (manufactured by the maker of the equipment, or equal) shall be furnished to maintain equipment covered under the contract.

System downtime shall be incurred by each of the following:

Core System Failure Composite of Component Failures Composite of Incomplete Scheduled Calibration and Preventive Maintenance Service Actions System Downtime Due to Core System Failure: System downtime due to core system failure shall commence upon Government notification of the core system failure to the designated Contractor service facility and shall end when all repairs are completed, all integrated system performance parameters are being met, and the system is available for clinical use.

System Downtime Due to Composite of Component Failures: System Downtime shall accrue when any of the following conditions are met: More than 10% failure of any component required for clinical functionality at a given site to include: Core System Failure, Composite of Component Failures, Composite of Incomplete Scheduled Calibration and Preventive Maintenance Service Actions.

System Downtime Due to Composite of Incomplete Scheduled Calibration and Preventive Maintenance Service Actions: System downtime shall accrue during the period when more than 5% of Contractor prescribed preventive maintenance service actions are incomplete during any given quarter. System downtime shall commence upon Government notification of the incomplete preventive maintenance service actions to the designated Contractor service facility and shall end when all such preventive maintenance service actions have been completed and documented.

All downtime shall be accrued during the Principal Period of Maintenance only.

System Downtime Exclusion Planned System Maintenance: Planned system maintenance shall consist of mutually approved scheduled maintenance and installation of software, firmware, or hardware upgrades and modifications. As such, planned system maintenance shall not be included in downtime calculations.

System or Component Failures: Failures due to operator abuse, natural disasters, acts of God, or other causes of system or component malfunction which are clearly beyond the control of the Contractor shall not be included in downtime calculations.

Uptime System Uptime: Failure to keep system update time of at least 99% for any one quarter during the contract year maintenance periods shall result in a credit to the Government applied to the following quarter’s maintenance cost.

Performance Standards

Regular reviews, inspection, and observation; Contractor notified immediately if non-compliance

Regular reviews, inspection, and observation; Contractor notified immediately if non-compliance

Contract Security General The Contractor, Contractor personnel, subcontractors, and subcontractor personnel shall be subjected to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

Access to VA Information and VA Information Systems All contractors or subcontractors 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.

All contractors, subcontractors, and third-party servicers and associates working with VA information are subjected 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.

All contractor personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the Contractor or subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

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.

VA Information Custodial Language Information made available to the Contractor or subcontractor by VA for the performance or administration of this contract or information developed by the Contractor or 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 and subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

VA information should not be co-mingled, if possible, with any other data on the Contractor or 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 the Contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

Prior to termination or completion of this contract, the Contractor or 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 or 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.

The Contractor or 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.

The Contractor or 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 or subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor or 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.

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.

If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

The Contractor or 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.

The Contractor or 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.

Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor or 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 or 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.

Notwithstanding the provision above, the Contractor or 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 or subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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 or subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the Contracting Officer Representative (COR).

Security Incident Investigation 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 or subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security or privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor or subcontractor has access.

To the extent known by the Contractor or subcontractor, the Contractor or 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 or subcontractor considers relevant.

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.

In instances of theft or break-in or other criminal activity, the Contractor or 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 or 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 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 or subcontractor processes or maintains under this contract.

The Contractor or 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.

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

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

Description of the event, including:

Date of occurrence;

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

Number of individuals affected or potentially affected;

Names of individuals or groups affected or potentially affected;

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;

Amount of time the data has been out of VA control;

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

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

Assessment of the potential harm to the affected individuals;

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

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 $40 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Notification;

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

Data breach analysis;

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

One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

Training All Contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, relating to access to VA information and information systems;

Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

Successfully complete the appropriate VA privacy training and annually complete required privacy training; and Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] The Contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

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.

Performance Work Statement (PWS) Radiation Oncology Information Systems Support Services Bay Pines VA Healthcare System

BPVACHS Radiation Oncology Information Systems Support Services PWS

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the…