36C24824Q0136.docx
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- Solicitation number
- 36C24824Q0136
About this file
This solicitation requests proposals for a ProMAX 4K Media Storage System or equal to be provided to the Department of Veterans Affairs Medical Media Services located at the C.W. Bill Young VA Medical Center in Bay Pines, Florida. Key requirements include a 384TB media storage system optimized for 4K video editing with dual LTO8 tape drives for backup and archiving. The solicitation also requires a 10G multi-gigabit plus switch, two media hubs for remote access, and five years of extended service and support. Proposals are due by December 1st, 2023 and award is expected to occur within 30 days thereafter. Pricing shall be fixed for the initial two-year base period with one-year options to extend for up to two additional years.
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36C24824Q0136
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. 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. 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
516-24-1-213-0023 36C24824Q0136 11-27-2023 Moneque Rodriguez 813-550-9486 12-01-2023 10:00
EST
36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 10,000 Bay Pines Blvd Bay Pines
FL
33744 X 334112 1250 Employees
NET 30 DAYS
N/A X
MCC: 90D
Department Of Veteran Affairs C.W. Bill Young VA Medical Center Building 20 10,000 Bay Pines Blvd.
Bay Pines
FL
33744 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd.
Bay Pines
FL
33744
Department of Veterans Affairs
FMS-VA-2(101)
Financial Services Center PO Box 149971 Austin
TX
78714-9971 See CONTINUATION Page ProMax Media Storage System with Service or Equal "See Schedule and Statement of Need" See CONTINUATION Page 516-3640160-213-820100 Medical Service-3131 Medical, Dental and Scien-010040175 X Moneque Rodriguez Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PRICE/COST SCHEDULE | 22 |
| ITEM INFORMATION | 22 |
| B.3 DELIVERY SCHEDULE | 25 |
| SECTION C - CONTRACT CLAUSES | 29 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 29 |
| C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 35 |
| C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 35 |
| C.4 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) | 35 |
| C.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION) | 36 |
| C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) | 36 |
| C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 37 |
| C.8 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (FEB 2023) | 38 |
| C.9 VAAR 852.239-71 INFORMATION SYSTEM SECURITY PLAN AND ACCREDITATION (FEB 2023) | 40 |
| C.10 VAAR 852.239-72 INFORMATION SYSTEM DESIGN AND DEVELOPMENT (FEB 2023) | 40 |
| C.11 VAAR 852.239-73 INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE (FEB 2023) | 41 |
| C.12 VAAR 852.239-74 SECURITY CONTROLS COMPLIANCE TESTING (FEB 2023) | 43 |
| C.13 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (FEB 2023) | 44 |
| C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 44 |
| C.15 VAAR 852.246-71 REJECTED GOODS (OCT 2018) | 45 |
| C.16 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018) | 45 |
| C.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 46 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 55 |
| SECTION E - SOLICITATION PROVISIONS | 56 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) | 56 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 61 |
| E.3 52.214-21 DESCRIPTIVE LITERATURE (APR 2002) | 64 |
| E.4 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (DEC 2007) | 64 |
| E.5 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023) | 65 |
| E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 66 |
| E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 66 |
| E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) | 67 |
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 Moneque Rodriguez Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
10,000 Bay Pines Blvd Bay Pines FL 33744
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Upon Delivery and Government Acceptance |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
36C24824Q0136
Page 1 of Page 1 of Statement of Need ProMAX 4K Media Storage System Bay Pines Medical Media Services October 20, 2023
1. Scope of Work Bay Pines VA Healthcare System Medical Media Services requires a ProMAX 4K Media Storage System or equal to be compatible with existing equipment while supporting the latest file formats and providing enhanced file management and archiving capabilities for professional video production.
2. Background The Medical Media team provides award-winning video production services for the Bay Pines VA Healthcare System, VISN 8, and VACO. The existing EzHDSAN Media Storage System is around 10 years old now. While it has been a true workhorse for us and is still operational, it is not optimized to handle 4K video files that our new cameras record in. The technology simply did not exist then. 4K video (3480x2160) is twice the resolution of HD (High Definition) (1920x1080) video. This results in higher bandwidth constraints and file sizes. For example, during video playback while editing you could experience freezes or stutters that make it very hard to operate.
ProMax Media Storage System consists of a 384TB Media Storage System optimized to support 4K Video Editing with Dual LTO8 Drives for media archiving and backup, a 10G Multi-Gigabit Plus Switch to interconnect up to 12 Non-IT Non-VA Networked Multimedia Production Workstations, and two Media Hubs for remote connectivity.
The Media Storage System comes with ProMAX’s Media Management Suite and LTO Software. The purpose of this solution is to allow the Medical Media team to manage, share, and locate media files and projects in an efficient way. The Media Storage System will allow the creative team to spend less time searching for media files and more time being productive in a collaborative environment. It is also designed for easy expansion if more storage space is needed down the road.
In addition, the known system provides data protection and the ability to ensure that valuable files are secure and accessible all while being backed-up and archived with metadata tags. The system is setup in RAID6 to continually protect and prevent any loss of data files. There are also redundant online hard drives and power supplies onboard so the system will continue to operate with any hardware failures.
This Media Storage System will allow Medical Media staff to access files remotely utilizing the ProMAX MediaHubs, while still ensuring projects are protected and updated for all members of the team. This brings new capabilities for Medical Media while supporting the many locations throughout the Bay Pines VA Healthcare System.
There is a need for a total of 5 years extended warranty, updates, and support with the 4 additional years of ProMAX ProCARE coverage or equal that is included.
All media files on the existing aged Medical Media EzHDSAN Media Storage System (EE#91857) will be transferred into this new ProMAX Media Storage System to take advantage of the software’s advanced database and archiving/back-up features, enhanced performance, and substantially more storage capacity. However, it will remain in service as additional backup data storage through its lifespan.
3. Place of Performance The products are requested to be delivered to the Medical Media Services, C.W. Bill Young VA Medical Center, 10000 Bay Pines Blvd., Building 20, Bay Pines, Florida 33744.
4. Period of Performance The product is requested to be delivered within 30 days of award of the contract to the above location (place of performance).
5. Type of Contract Supply: Firm, Fixed Price.
6. Requirement Overview The Contractor shall provide the full requested quantity of name brand products listed below or equal.
6.1. Salient Characteristics
Products & Services Item & Description - SKU - Quantity
· Platform 24-Bay Single CPU 8-Core - 122208 - 1 each
· Includes ProMAX's Media Management Suite
· ProMAX MAM
· ProMAX Proxy
· ProMAX Transcode
· P2000 GPU
· 2 Ports of 10/25G SFP+
· ProMAX 16TB HDD - 227201 - 27 each
· Backup Power Supply Module - 226951 - 1 each
· SFP+ RJ45 Copper - 227122 - 4 each
· 12-Port 10G Multi-Gigabit Plus Switch - 440064 - 1 each
· Dual LTO8 Drive w/SAS Card - 126905 - 1 each
· ProMAX LTO - 121051 - 1 each
· MediaHub 7.68TB - 122086-227134 - 2 each
· ProMAX Remote License - 1 Users - 121063 - 2 each
· SVC - Onboarding Package - 120404 - 1 each
· ProCARE - Per Additional Year - 4 each
| 7. | Contract Security |
| 7.1. | 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.
| 7.2. | Access to VA Information and VA Information Systems |
| 7.2.1. | 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. |
| 7.2.2. | 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. |
| 7.2.3. | 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. |
| 7.2.4. | 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. |
| 7.2.5. | 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. |
| 7.3. | VA Information Custodial Language |
| 7.3.1. | 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). |
| 7.3.2. | 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. |
| 7.3.3. | 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. |
| 7.3.4. | 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. |
| 7.3.5. | 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. |
| 7.3.6. | 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. |
| 7.3.7. | 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. |
| 7.3.8. | 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. |
| 7.3.9. | 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. |
| 7.3.10. | 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. |
| 7.3.11. | 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. |
| 7.3.12. | 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 COTR. |
| 7.4. | Security Incident Investigation |
| 7.4.1. | 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 COTR 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. |
| 7.4.2. | 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. |
| 7.4.3. | 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. |
| 7.4.4. | 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. |
| 7.5. | Liquidated Damages for Data Breach |
| 7.5.1. | 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. |
| 7.5.2. | 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. |
| 7.5.3. | Each risk analysis shall address all relevant information concerning the data breach, including the following: |
| 7.5.3.1. | Nature of the event (loss, theft, unauthorized access); |
| 7.5.3.2. | Description of the event, including: |
| 7.5.3.2.1. | Date of occurrence; |
| 7.5.3.2.2. | Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; |
| 7.5.3.3. | Number of individuals affected or potentially affected; |
| 7.5.3.4. | Names of individuals or groups affected or potentially affected; |
| 7.5.3.5. | 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; |
| 7.5.3.6. | Amount of time the data has been out of VA control; |
| 7.5.3.7. | The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); |
| 7.5.3.8. | Known misuses of data containing sensitive personal information, if any; |
| 7.5.3.9. | Assessment of the potential harm to the affected individuals; |
| 7.5.3.10. | Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and |
| 7.5.3.11. | 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. |
| 7.5.4. | 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 $31.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: |
| 7.5.4.1. | Notification; |
| 7.5.4.2. | One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; |
| 7.5.4.3. | Data breach analysis; |
| 7.5.4.4. | Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; |
| 7.5.4.5. | One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and |
| 7.5.4.6. | Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. |
| 7.6. | Training |
| 7.6.1. | 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: |
| 7.6.1.1. | Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; |
| 7.6.1.2. | Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; |
| 7.6.1.3. | Successfully complete the appropriate VA privacy training and annually complete required privacy training; and |
| 7.6.1.4. | 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.] |
| 7.6.2. | The Contractor shall provide to the contracting officer and/or the COTR 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. |
| 7.6.3. | 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. |
RECORDS MANAGEMENT OBLIGATIONS
A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
| 1. | includes Bay Pines VA Healthcare System records. |
| 2. | does not include personal materials. |
| 3. | applies to records created, received, or maintained by Contractors pursuant to their Bay Pines VA Healthcare System contract. |
| 4. | may include deliverables and documentation associated with deliverables. |
C. Requirements
| 1. | Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. |
| 2. | In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. |
| 3. | In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data. |
| 4. | Bay Pines VA Healthcare System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Bay Pines VA Healthcare System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Bay Pines VA Healthcare System. The agency must report promptly to NARA in accordance with 36 CFR 1230. |
| 5. | The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Bay Pines VA Healthcare System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). |
| 6. | The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Bay Pines VA Healthcare System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. |
| 7. | The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Bay Pines VA Healthcare System policy. |
| 8. | The Contractor shall not create or maintain any records containing any non-public Bay Pines VA Healthcare System information that are not specifically tied to or authorized by the contract. |
| 9. | The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. |
| 10. | The Bay Pines VA Healthcare System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Bay Pines VA Healthcare System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. |
| 11. | Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. |
[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors
| 1. | The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same. |
| 2. | Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor. |
System Specification and Minimum Requirements Media Storage System must consist of an enterprise class server with 2 Ports of 10/25G SFP+ and 384TB media storage sharing optimized for 4K Video Editing with Dual LTO8 Drives for media archiving and backup, a 10G Multi-Gigabit Plus Switch to interconnect up to 12 Non-IT Non-VA Networked MacOS and Windows-based Multimedia Production Workstations using Adobe Creative Cloud software suite, and two Media Hubs for remote connectivity.
The Media Storage System must come with an industry-leading Media Management software suite and LTO Software. An example would be ProMax MAM that integrates into Adobe Premiere for Indexing, Custom Metadata, Search & Preview, ProMax Proxy to ensure all online & offline footage can be previewed at all times, ProMax Transcode which allows users to use pre-built or create custom encoders to offload transcoding to the Platform Server, ProMax LTO software to allow you to manage backups and archives to LTO devices, supporting both Cache-a TAR formats as well as open LTFS formats, and ProMax Rendering to allow users to offload Adobe After Effects & Cinema 4D renders to the Server. A P2000 GPU must also be included in the server to offload Proxy generation for maximum performance.
The purpose of this solution is to allow the Medical Media team to manage, share, and locate media files and projects in an efficient way. The Media Storage System will allow the creative team to spend less time searching for media files and more time being productive in a collaborative environment. It should also be designed for easy expansion if more storage space is needed down the road and provide automated system maintenance.
In addition, the system must provide data protection and the ability to ensure that valuable files are secure and accessible all while being backed-up and archived with metadata tags. The system should be setup in RAID6 to continually protect and prevent any loss of data files. There are also redundant online hard drives and power supplies onboard so the system will continue to operate with any hardware failures.
This Media Storage System will allow Medical Media staff to access files remotely utilizing MediaHubs, while still ensuring projects are protected and updated for all members of the team working with the same files simultaneously. This brings new capabilities for Medical Media while supporting the many locations throughout the Bay Pines VA Healthcare System.
A MediaHub is a Mini server that allows peer to peer project folder syncing. It enables always-on syncing for remote and on-prem teams, has guaranteed sync performance with fast downloads, provides a best-in-class remote workflow that is reliable, fast, and predictable, has Multi-location versioning to protect data, enables controls overall hardware and data, protects network performance by keeping data off your VPN, and Syncs files as soon as it is brought online.
A 12-Port 10G Multi-Gigabit Plus Switch, install and implementation, workflow training, and a total of 5 years extended warranty, updates, and support must be included.
RECORDS MANAGEMENT OBLIGATIONS
A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1. includes Bay Pines VA Healthcare System records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their Bay Pines VA Healthcare System contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. Bay Pines VA Healthcare System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Bay Pines VA Healthcare System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Bay Pines VA Healthcare System. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Bay Pines VA Healthcare System control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Bay Pines VA Healthcare System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Bay Pines VA Healthcare System policy.
8. The Contractor shall not create or maintain any records containing any non-public Bay Pines VA Healthcare System information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The Bay Pines VA Healthcare System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Bay Pines VA Healthcare System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE
VA INFORMATION CUSTODIAL LANGUAGE:
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. 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.
c. 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.
d. 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.
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.
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