36C25220Q0031-002.docx

36C25220Q0031

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

multiple 36C25220Q0031 09-22-2019 Johnson, Ashley 414-844-4844 09-26-2019 11:00am local 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 X X 511210 $38.5 Million N/A X 36C252 Clement J. Zablocki VA, Milwaukee WI Edward Hines, Jr. VA Hospital, IL William S. Middleton Memorial Veterans Hospital, Madison WI Tomah VA Medical Center, WI 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 100% Small Business Set Aside Patient Checkout Discharge Instruction System for four VA hospitals in NCO 12:

Clement J. Zablocki VA, Milwaukee WI Edward Hines, Jr. VA Hospital, IL William S. Middleton Memorial Veterans Hospital, Madison WI Tomah VA Medical Center, WI X Ashley Johnson

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C25220Q0031

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

______________________________________ (Point of Contact/Title)

DUNS NUMBER NO. ______________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

b. GOVERNMENT: Ashley Johnson, Contracting Officer

DEPARTMENT OF VETERANS AFFAIRS

GREAT LAKES ACQUISITION CENTER

115 S. 84TH ST., STE 100

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR AWARD

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

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

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

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

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

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

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

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

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

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

* FSC e-invoice email: vafsccshd@va.gov

5. INVOICES cont:

a. Payments shall be made in arrears upon receipt of a properly prepared invoice

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

c. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

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

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

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used.

SPECIAL NOTES:

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

B.2 PRICE/COST SCHEDULE

SCHEDULE OF SUPPLIES/SERVICES AND PRICES

The Contractor is required to provide the software, hardware(if applicable, see SOW below), media, software license, software maintenance/upgrade, installation, training, and technical support services for the computer software identified below. Software maintenance includes periodic updates, enhancements and corrections to the software, new releases and documentation, and technical support.

The name of the software is: Patient Checkout Discharge Instruction System License Number: N/A Platform: Windows License Option: Unlimited License Access________________________ Term: Base Year - October 1, 2019 through September 30, 2020 Plus 4 (1) year options to extend Use: Emergency Department

The following items, offered from Logicare Corp, Inc are known to meet the VA’s needs. Offeror shall provide the following brand-name or equal items: LOGICARE Patient Instructions. Logicare's Patient Checkout Discharge Instruction System is already in use at the facilities identified in the price schedule below. As such, if quoting the brand-name, only the line items shown below are required (Support Service Agreement). For offerors quoting an equal, see Provision 52.211-6.

MILWAUKEE VAMC

ITEM NO.

DESCRIPTION

QTY

UNIT

UNIT PRICE

TOTAL PRICE

SUPPORT SERVICES AGREEMENT FOR PATIENT CHECKOUT DISCHARGE INSTRUCTIONS FOR THE MILWAUKEE VAMC.

Contractor to provide around the clock user and technical support services and twice annual content updates.

YR

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

TOTAL COST LINE ITEMS 0001, 1001, 2001, 3001, 4001 MILWAUKEE VAMC

MADISON VA HOSPITAL

QTY

UNIT

UNIT PRICE

TOTAL PRICE

SUPPORT SERVICES AGREEMENT FOR PATIENT CHECKOUT DISCHARGE INSTRUCTIONS FOR THE MADISON VA HOSPITAL.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

TOTAL COST LINE ITEMS 0002, 1002, 2002, 3002, 4002 - MADISON VA HOSPITAL

TOMAH VA MEDICAL CENTER

QTY

UNIT

UNIT PRICE

TOTAL PRICE

SUPPORT SERVICES AGREEMENT FOR PATIENT CHECKOUT DISCHARGE INSTRUCTIONS FOR THE TOMAH VA.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

TOTAL COST LINE ITEMS 0003, 1003, 2003, 3003, 4003 – TOMAH VA MEDICAL CENTER

HINES VA MEDICAL CENTER

QTY

UNIT

UNIT PRICE

TOTAL PRICE

SUPPORT SERVICES AGREEMENT FOR PATIENT CHECKOUT DISCHARGE INSTRUCTIONS FOR THE HINES VA.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

Contractor to provide around the clock user and technical support services and twice annual content updates.

TOTAL COST LINE ITEMS 0004, 1004, 2004, 3004, 4004 – HINES VA MEDICAL CENTER

CONTRACT YEAR TOTAL RECAP:

BASE YEAR (10/1/19 THROUGH 9/30/20)

OPTION YEAR ONE (10/1/20 THROUGH 9/30/21)

OPTION YEAR TWO (10/1/21 THROUGH 9/30/22)

OPTION YEAR THREE (10/1/22 THROUGH 9/30/23)

OPTION YEAR FOUR (10/1/23 THROUGH 9/30/24)

BASE AND ALL OPTIONS TOTAL: $________________

NOTE: Total cost shall be all inclusive to include all costs.

Notwithstanding, the Contractor shall perform no additional work without the prior written authorization of the Contracting Officer. Any additional work, which may be performed by the Contractor without this approval, will be performed by the Contractor at no additional cost to the Government.

B.3 STATEMENT OF WORK

SPECIFICATION/STATEMENT OF WORK

1. GENERAL

The Contractor shall provide the software, hardware (if applicable), media, software license, software maintenance/upgrade, installation, training, and technical support services for the computer software identified in the Schedule of Supplies/Services and Prices, as well as, the system server to the Clement J. Zablocki VA Medical Center located at 5000 West National Avenue, Milwaukee, WI 53295, Wm. S. Middleton Memorial Veterans Hospital, 2500 Highland Avenue, Madison, WI 53705, Tomah VA Medical Center, 500 East Veterans Drive, Tomah, WI 54660 and Edward Hines Jr. VA Hospital, 5000 South 5th Avenue Hines, IL 60141.

The software will enable the timely and correct use of technology for patient discharge summary instructions in the Emergency Department. The contractor software shall also include content for patient education, discharge documents, and other miscellaneous documents related to patient education. This requested Education Software will continue to aid physicians and nurse practitioners in providing quality care to the VA Veterans by enabling the timely and correct use of technology for patient discharge summary instructions.

The requested contract is for a base year, October 1, 2019 - September 30, 2020, plus four one-year options for the Emergency Departments of the Clement J. Zablocki VAMC, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and in the Urgent Care at the Tomah VA Medical Center.

The software shall interact with the VAMC’s electronic platform and electronic patient record (both VISTA and the computerized patient record system (CPRS)).

The minimum specifications of VA’s server to support the Patient Checkout Discharge Instructions System are as follows:

· Minimum 3 GHz processor

· Minimum 2 GB RAM

· Minimum 80 GB available disk space

· 100 Mbps or faster Ethernet connection

· Compatible with Windows Server 2008 R2 and SQL Server 2005

Salient Characteristics:

· The software must interact with the VA’s Computerized Patient Record System (CPRS) (the VA’s Electronic Medical Record) and VISTA (another VA-Computer based program).

· Electronic copy of the patient instructions will be automatically sent to CPRS as a signed note in the CPRS NOTES tab

· Patient Check-in information is automatically populated to a patient selection list

· Known primary care providers are automatically added for follow up referral list

· Medications list and future appointments known in CPRS at the time of document creation are automatically included in the printed instructions for the patient.

· Base content must be customized or site-specific content can be added.

· Patient instructions must be customizable by the document author at the time of document creation allowing for patient specific content. The patient specific content is printed and stored in the patient CPRS NOTE

· Customized form templates must be created by department/use case with configurable form menu options and reminders

· Windows® Active Directory Authentication for improved password management

· Auto creation of users using Windows® Active Directory integration

· End users must be able to select follow up care instructions based on follow up type

· Health content library includes over 5,500 topics in English and Spanish written a 5th -6th grade reading level. Graphics included with some of the topics.

· Inpatient and Ambulatory Stage 1 and Stage 2 ONC-certified for Meaningful Use

· Must meet Joint Commission standards for patient and family education

2. SUPPORT SERVICES

Contractor shall provide the following Support Services to the Clement J. Zablocki VA Medical Center, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and Tomah VA Medical Center as listed herein.

A. Telephone Support: Contractor shall maintain a toll-free (800) number for use by VAMC personnel during the hours of 8:00am – 5:00pm central time. Contractor will make non-business hours Support Services available to Clement J. Zablocki VA Medical Center, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and Tomah VA Medical Center VAMC as provided herein for resolution of any critical Software defects twenty-four (24) hours per day, seven (7) days per week, and three-hundred-sixty-five (365) days per year. The contractor shall respond via phone and/or other acceptable electronic communication within four (4) hours after notification to the Contractor’s technical support department.

If a problem or malfunction of the software cannot be resolved with technical support via telephone, then the Contractor shall be responsible for sending a service technician to the Clement J. Zablocki VAMC, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and Tomah VA Medical Center for diagnosis and fix of the problem at no additional charge to the Government.

B. Correction of Defects: Contractor shall respond within two (2) hours to any Clement J. Zablocki VAMC, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and Tomah VA Medical Center support call, and shall exercise reasonable efforts to correct significant, reproducible software problems that are caused by a defect in an unaltered version of the software. Contractor shall provide updates to Clement J. Zablocki VAMC, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and Tomah VA Medical Center that contain such defect corrections (“Updates”) that may include changes to Sample Data tables and/or executable program changes.

C. Releases: Contractor shall provide Clement J. Zablocki VAMC, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and Tomah VA Medical Center any improvements or additions to the functionality of the software (“Release”) at no additional charge to the Government.

D. Documentation: For any “Updates” or “Releases” that are provided by the contractor to the Clement J. Zablocki VAMC, Wm. S. Middleton Memorial Veterans Hospital, Edward Hines Jr. VA Hospital and Tomah VA Medical Center, contractor shall provide two (2) copies of the related documentation. Client shall have the right to make as many copies of the documentation as are necessary to support use of the software. Distribution of maintenance copies shall be accomplished by using an appropriate electronic or printed media.

3. HOURS OF OPERATION

A. Normal hours of operations are Monday through Friday from 8:00 am to 4:30 pm, excluding federal holidays. All services shall be performed during normal hours unless otherwise scheduled with the COR or his/her designee. The COR will notify contractor with known software problems to enable contractor to have available potential repair during visit.

B. Federal Holidays observed by the VAMC are:

Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

4. PRODUCT MODIFICATION, REMOVAL OR RECALL

If any product awarded under this solicitation requires modification, is removed or recalled by the Contractor or manufacturer, or if any required modification, removal or recall is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the Contractor or manufacturer:

a. Notify the Contracting Officer, in writing, by the most expeditious manner possible. Provide two copies of the notification which shall include, but not be limited to the following:

(1) Complete item description and/or identification, order numbers from customers, and the contract number assigned because of an award on this solicitation.

(2) Reasons for modifications, removal or recall.

(3) Necessary instructions for return for credit, replacement or corrective action.

5. OPERATING/MAINTENANCE MANUALS

In addition to the electronic copy of the operating/maintenance manual (if available), Contractor shall provide two (2) copies of the Operating and /or Maintenance manuals as specified in VAAR 852.211-70.

6. CONTRACTING OFFICER REPRESENTATIVE (COR)

A VA representative of the Contracting Officer will be designated to represent the Contracting Officer in furnishing technical guidance and advice regarding the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of this contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer.

The COR or designated alternate shall be notified on dates and times when all service, warranty repair and/or on-site visits are accomplished. Written service report will be provided to the COR upon completion of each visit, including but not limited to warranty repairs.

CONTRACTOR SHALL BE REQUIRED TO CONTACT THE COR TO COORDINATE ON-SITE INSTALLATION.

Contractor Provide telephone number(s) to call for your Service Department: _______________________________________________________________________________

Provide name(s) of authorized contact person(s): _______________________________________________________________________________

7. DEFINITIONS/ACRONYMS

E. Documentation – Contractor’s user and operator manuals for the software Licensee.

F. Licensee - U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

G. Licensor - software manufacturer of the computer software being acquired.

H. Software - licensed computer software product(s) cited in the Schedule of Supplies.

I. Release or Update - are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

J. Version or Upgrade - terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

8. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS

The Contractor's employees shall wear visible identification at all times while on the premises of the VA. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside and outside any buildings at the VA. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

9. COMPLIANCE WITH THE GENERAL SAFETY REGULATIONS

A. All Contractors and Subcontractors performing services for the Government shall comply with all Occupational Safety and Health Administration (OSHA), State, County and Municipal Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and Subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

10. UNAUTHORIZED USE OF GOVERNMENT EQUIPMENT

A. The Contractor shall not allow his/her employees, including Subcontractors’ employees, to open desk drawers, cabinets, or to use office equipment, including the use of non-pay telephones for any purpose other than a local emergency call.

B. The Contractor shall be responsible to provide all necessary equipment, tools, parts, and materials to perform the work. The Government shall not be obligated to provide any equipment, tools, parts, and materials to assist the Contractor in performing the work.

11. PROTECTION OF GOVERNMENT PROPERTY

During work execution, the Contractor shall take special care to protect Government property including furniture, walls, baseboards, and other surfaces. Accidental splashes shall be removed immediately. Damage resulting from Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government. Contractor shall be responsible to meet all Occupational Safety and Health Administration (OSHA) and Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. Contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.

DAMAGE: Extreme caution shall be exercised to prevent damage to the building and its contents. Any damage must be reported to the COR immediately for appropriate action. Any damage caused by the Contractor will be repaired and or replaced to the satisfaction of the VA at the Contractor’s expense.

12. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor is required to enter into a Business Associate Agreement (BAA) with VA.

13. SECURITY

Background Investigations and Special Agreement Checks

All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: National Agency Check with Inquiries (NACI). This requirement is applicable to all subcontractor personnel requiring the same access.

n accordance with FAR 4.1303, the contracting officer shall use eCMS to insert the clause at FAR 52.204-9,Personal Identity Verification of Contractor Personnel, in solicitations and contracts when contract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. The clause shall not be used when contractors require only intermittent access to Federally-controlled facilities.

1. GENERAL

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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information is 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.

c. Contract 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.

d. 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 / 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.

e. 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.

3. VA INFORMATION CUSTODIAL LANGUAGE

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

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

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

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

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

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

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

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

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

b. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

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

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

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

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

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

g. The contractor/subcontractor agrees to:

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

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

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

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

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

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

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

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

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

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

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 2 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 2 days.

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

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

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

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

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor.