36C25626Q0138.docx
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- J065--Omnicell Service Renewal Agreement
- Solicitation number
- 36C25626Q0138
About this file
This document is a Statement of Work (SOW) for an Omnicell Service Renewal Agreement with the Department of Veterans Affairs (VA) at the Alexandria VA Health Care System. The sole-source, firm-fixed-price contract is intended to be awarded to Omnicell, Inc. for a one-year period from January 1, 2026 to December 31, 2026, with a total value under the North American Industry Classification (NAICS) code 811210 (Electronic and Precision Equipment Repair and Maintenance).
The SOW covers comprehensive service and support for various Omnicell medication dispensing system components, including remote access upgrades, server services, and multiple cell-type medication management units. The service agreement includes replacement parts coverage, technical support, software and hardware maintenance, staff education, and full maintenance coverage. Specific equipment includes 6 OmniRx Half-Cell G5 units, 6 FlexLock units with TempCheck, and multiple medication management cells of varying configurations. The contract will provide 24/7 technical support, software updates, and on-site and remote maintenance to ensure continuous operation of the medication dispensing system at the Alexandria VA Health Care System.
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STATEMENT OF WORK (SOW)
| SUBJECT* |
| Omnicell Service Renewal Agreement |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 77056-5643 |
| SOLICITATION NUMBER* |
| 36C25626Q0138 |
| RESPONSE DATE/TIME/ZONE |
| 11-12-2025 10:00AM CENTRAL TIME, CHICAGO, USA |
| ARCHIVE |
| 60 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| PRODUCT SERVICE CODE* |
| J065 |
| NAICS CODE* |
| 811210 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
Network Contracting Office 16 5075 Westheimer Road, Suite 750
Houston TX 77056-5643
POINT OF CONTACT*
Contract Specialist Rhonda Gibson rhonda.gibson2@va.gov 7132901900
ADDITIONAL INFORMATION
| AGENCY’S URL |
| https://www.va.gov |
| URL DESCRIPTION |
| Department of Veterans Affairs |
| AGENCY CONTACT’S EMAIL ADDRESS |
| rhonda.gibson2@V=va.gov |
| EMAIL DESCRIPTION |
| Contracting Specialist |
DESCRIPTION
Intent to Sole Source
The Michael E. DeBakey Department of Veterans Affairs, Network Contracting Office 16, located at 2002 Holcombe Blvd, Houston, TX 77030 hereby provides notice of its intent to award a sole-source, firm-fixed-price contract for a Omnicell Support and Service Renewal Agreement period of one (1) year with a large business to Omnicell, Inc., 500 Cranberry Woods Drive, Cranberry Township, Pennsylvania 16066.
The Contractor shall furnish all supplies, equipment, facilities, and services required for delivery and configuration of the following supplies and equipment. Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1. If you believe that your company is capable of providing full service of Omnicell Inc. Equipment Units, please provide your information and capability by responding to rhonda.gibson2@va.gov no later than Nov 12, 2025, 10:00a.m referencing the following number in the subject of the email 36C25626Q0138.
Service agreement shall satisfy the standards of the Original Equipment Manufacturer (Omnicell) and include , but are not limited to, replacement parts coverage, service support, telephone support, software and hardware support, continuing education for VA staff and support service, full maintenance coverage by providing all replacement parts, labor, travel expenses, tools, test equipment and other incidentals necessary to maintain or restore the listed equipment to operating specifications according to the manufacturer’s recommendations.
Omnicell, Inc is the only known, authorized service provider for service agreements on Omnicell equipment.
The applicable NAICS Code is 811210 and the size standard is $34 Million. This notice of intent is not a request for competitive quotes. Responses received will be evaluated; however, a determination by the Government not to compete the proposed procurement based upon responses received to this notice is solely within the discretion of the Government. Capability Statement Please answer the following questions when responding: What is your company s Socioeconomic Status? (ex: small business, large business, SDVOSB, etc.) Provide DUNS and/or CAGE Code. Ability and experience in managing this same requirement. Include general information and technical background describing your firm's experience on contracts requiring similar efforts to meet the program objectives. List of Projects (Government and Commercial) that are similar in scope and size. Anticipated Teaming Arrangements (if any). If plan on subcontracting, demonstrate that you will meet the limitations on subcontracting per FAR 52.219-14 for Small Businesses; VAAR 852.219-74 for SDVOSB/VOSB. GSA Contract Number, if applicable.
Please provide a letter from OMNICELL INC. authorizing your company to perform these services. *Failure to provide the information requested above (items 1-7) will be considered non-responsive and will not be considered a viable source.
Notes: Contractors must have a current registration in the System for Award Management (SAM) at https://sam.gov/SAM/ VOSB or SDVOSB firms must be VetCert certified by the SBA https://veterans.certify.sba.gov/.
| CLIN No. |
| Description |
| Est. Qty |
| Service Term (Month) |
| 0001 |
| SERVICE-OMNIRX HALF-CELL G5 |
| 6 |
| 12 |
| 0002 |
| SERVICE-FLEXLOCK W/ TEMPCHECK (12FT CABLE) |
| 6 |
| 12 |
The Contractor shall provide the following parts and services to covers Omnicell equipment at Alexandria VA Health Care System (AVAHCS)
| Product |
| Product Code |
| Qty |
| SV-OC REMOTE ACCESS WIN2016 UPG (SINGLE) |
| OMC-LIC-020 |
| 1 |
| SERVICE – OMNICENTER BASE SERVER |
| OMC-SRV-082 |
| 1 |
| SERVICE – MED – XT – 3 CELL |
| MED-FRM-103 |
| 2 |
| SV-FLEX LOCK 3.0 WITH 50 FT CABLE, INSTL |
| SRD-OPT-012 |
| 25 |
| SERVICE – MED-XT-2-CELL |
| MED-FRM-102 |
| 4 |
| SERVICE – MED-XT-1-CELL |
| MED-FRM-101 |
| 22 |
| SERVICE – MED AUX-XT 1-CELL |
| MED-AUX-101 |
| 3 |
| SERVICE – OMNIRX HALF-CELL G5 |
| MED-FRM-045 |
| 6 |
| SERVICE-FLEXLOCK W. TEMPCHECK (12FT CABLE) |
| OCFLTCK |
| 6 |
This service provided shall be delivered to the Alexandria Department of Veterans Affairs Medical, 2495 Shreveport Hwy 71, Pineville LA 71360.
II. The North American Industry Classification (NAICS) code for this acquisition is Electronic and Precision Equipment Repair and Maintenance (SBA Size Standard $34 Mil).
III. This purchase will be made under Simplified Acquisition Procedures and Other than Full and Open Competition, as authorized by FAR 6.302-1 and in accordance with FAR 13.106-1(b). The Government intends to award a Firm-Fixed-Price contract, in accordance with FAR 16.202-1.
IV. The anticipated award date is Jan 1, 2026. The Government intends to award a Firm-Fixed-Price contract
V. Please note that this is not a request for competitive quotes and is being posted for informational purposes only. Interested contractors shall provide the following information as an attachment to their responses:
1. Identify any other companies owned (wholly or in-part) by the owners of this business who provide goods or services under the same or a related NAICS codes.
2. Identify any other companies owned (wholly or in-part) by the owners of this business who provide goods or services that are registered under the same or a related NAICS code with the Center for Veterans Enterprise (CVE); Provide the certification type (SDVOSB/VOSB), Federal Identification Number, and state of incorporation for each.
3. Do you plan on responding to a solicitation for this requirement with a Joint Venture utilizing multiple owned companies as majority or non-majority owner?
Yes ___No ___ If yes, please identify which companies you are considering a Joint Venture and the ownership of each company.
4. Do you have an existing GSA or VA, Federal Supply Schedule contract, please include the contract details in your response.
5. Are you authorized by the Original Equipment Manufacturer (OEM) with certified technicians to meet all government requirements and objectives? You must attach an authorization letter to your response to be considered as part of the Market Research and responsive to this notice.
6. Do you possess the capability to obtain software if required for Government equipment? You must attach an authorization letter to your response to be considered as part of the Market Research and responsive to this notice.
7. Do you possess all license/certification for any OEM proprietary service materials? You must attach any required license/certification to your response to be considered as part of the Market Research and responsive to this Sources Sought notice.
8. Do you employ more than 500 people?
9. Are you primarily engaged in the retail or wholesale trade and normally sell this type of item?
10. Do you take ownership of the item(s) with your personnel, equipment or facilities in a manner consistent with industry practice?
11. Do you propose to supply the end item of a small business manufacturer, processor or producer made in the United States, or has a waiver been obtained?
Please review all attached documents.
See attached document: Notice of Intent to Award Sole Source and Draft SOW.
VII. Questions regarding this notice should be sent to Rhonda.Gibson2@va.gov by 7 Nov 2025.
Special Notice Special Notice
| *= Required Field |
| Special Notice |
Special Notice
1. Contracting Officer’s Representative (COR).
| Name: |
| Angela Winke |
| Section: |
| Pharmacy-119 |
| Address: |
| Alexandria Department of Veterans Affairs Medical Center 2495 Shreveport Hwy 71, Pineville LA 71360 |
| Phone Number: |
| 318-466-2632 |
| Fax Number: |
| 318-483-5013 |
| E-Mail Address: |
| Angela.winke@va.gov |
2. Contract Title: Omnicell Support and Service Renewal Agreement
3. Background: The Alexandria Department of Veterans Affairs Medical Center located at 2495 Shreveport Hwy 71, Pineville, Louisiana 71360, utilizes Omnicell Medication Dispensing System in the Pharmacy Department. Omnicell is a medication dispensing system that automates the management and dispensing of medications at the point of use. This system’s main purpose is to automate the medication use process at the point of care, replacing traditional manual drug cupboards and carts ensuring safe and efficient delivery of medications to patients. Omnicell service agreement is required to maintain Omnicell’s functionality to provide medications to patients without delay. This contract also allows for Omnicell software upgrades. This Service renewal shall provide maintenance and support obligations, warranties, indemnity obligations, and Customer's payment obligations related to maintenance and support obligations in the Master Agreement, for the Omnicell Medication Dispensing System. Omnicell Medication Dispensing System uses commercially reasonable efforts to source and procure necessary parts or to provide software support and bug fixes at a commercially reasonable cost and commercially reasonable efforts to provide personnel to support the EOS Product(s) (“Transition Support”). Maintenance and service for Omnicell resources is necessary to always keep the equipment in fully operational condition to preclude disruption to patient care. The contract shall be a 12-month service plan. See equipment listed below in the Statement of Work (SOW).
4. Scope: The contractor shall provide all the management, tools, supplies, equipment and labor necessary for providing technical support for Omnicell medication dispensing system. The Contractor shall provide a comprehensive software upgrade service including labor, travel, and parts for the Omnicell Medication Dispensing Systems. All services performed shall be in accordance with the original equipment manufacturer (OEM) specifications. Field service engineers must be licensed or contracted with the original manufacturer in order to work on the equipment. All parts must be certified new by the original manufacturer. Reference below for equipment type and the required service. This Agreement and any other applicable contracts or agreements, Omnicell, Inc. will provide equipment, installation, and maintenance and support of that equipment and corresponding software services to, for the Alexandria Department of Veterans Affairs Medical Center located at 2495 Shreveport Hwy 71, Pineville, Louisiana 71360.
Technical support shall be provided during normal business hours, 8 a.m. to 5 p.m. Monday thru Friday. Technical support shall also include any software updates and/or modifications. All applicable state and federal laws and regulations must be followed.
The Contactor shall provide
· All necessary software, viewers, interfaces, and licenses to operate the Omnicell Medication Dispensing System including pre-production testing and final implementation.
· Technical resources to support restoring the system to full operating capability in the event of an outage incident
· Support of all manufacturers- recommended preventive maintenance procedures,
| CLIN No. |
| Description |
| Est. Qty |
| Service Term (Month) |
| 0001 |
| SERVICE-OMNIRX HALF-CELL G5 |
| 6 |
| 12 |
| 0002 |
| SERVICE-FLEXLOCK W/ TEMPCHECK (12FT CABLE) |
| 6 |
| 12 |
Products
The Contractor shall provide the following parts and services to covers Omnicell equipment at Alexandria VA Health Care System (AVAHCS)
| Product |
| Product Code |
| Qty |
| SV-OC REMOTE ACCESS WIN2016 UPG (SINGLE) |
| OMC-LIC-020 |
| 1 |
| SERVICE – OMNICENTER BASE SERVER |
| OMC-SRV-082 |
| 1 |
| SERVICE – MED – XT – 3 CELL |
| MED-FRM-103 |
| 2 |
| SV-FLEX LOCK 3.0 WITH 50 FT CABLE, INSTL |
| SRD-OPT-012 |
| 25 |
| SERVICE – MED-XT-2-CELL |
| MED-FRM-102 |
| 4 |
| SERVICE – MED-XT-1-CELL |
| MED-FRM-101 |
| 22 |
| SERVICE – MED AUX-XT 1-CELL |
| MED-AUX-101 |
| 3 |
| SERVICE – OMNIRX HALF-CELL G5 |
| MED-FRM-045 |
| 6 |
| SERVICE-FLEXLOCK W. TEMPCHECK (12FT CABLE) |
| OCFLTCK |
| 6 |
5. Specific Tasks: See Pharmacy and Supply Systems: GOLD below for services provided.
5. Special Qualifications: Field service engineers shall be licensed or contracted with the original manufacturer in order to work on the equipment
6. Place of Performance:
Alexandria VA Health Care System 2495 Shreveport Hwy 71N Pineville, LA 71360 POC: Angela Winke Phone:318-466-2632
7. Performance Monitoring The COR will monitor Omnicell performance by the following mechanisms:
1. Direct feedback from end users (nursing and pharmacy staff)
2. All feedback (positive/negative) to be kept in Omnicell file for end of year rating.
3. Timely service to be provided by phone/onsite support per service agreement.
8. Security Requirements Omnicell currently has VPN access to Omnicell server to provide remote support services.
Upgrades, Maintenance and Technical Support The Contractor shall coordinate and perform all remote and/or on-site updates, scheduled preventive maintenance, unscheduled repairs, corrective maintenance, software version changes, updates, upgrades, patches, corrections, and new releases and technical support for equipment, software and hardware installed with the COR and facility POC(s), in accordance with the parameters defined in this SOW, up to one year post Go Live. The service under this task includes all labor, tools, test equipment, mounting solutions, diagnostic software, supplies, parts, shipping, and Contractor staff supervision necessary to perform remote and/or on-site services. The Contractor shall provide overnight, next-day delivery of parts when needed to maintain full performance of the system. The Contractor shall provide shipping to return any defective parts from VA Facilities to the Contractor. There shall be no additional cost to the Government for shipping.
Software Updates and Upgrades:
Upgrades are defined as the software and/or firmware changes that provide additional or improved application features and functionality to an existing system. All software and firmware upgrades shall be included as part of maintenance. All new software and firmware versions shall be covered in this agreement including all subsequent versions designed to replace a version installed. The Contractor shall furnish, install, and maintain all software and firmware upgrades, version changes and/or updates to the system. The Contractor shall monitor and maintain the system at the most current software and firmware releases including maintaining up-to-date current security patches. Every effort shall be made by the Contractor to ensure all facilities have the most recent updates and patches for their installed version of the system. The Contractor shall communicate any known patch issues to the VA. The Contractor shall ensure compatibility with patch management service such as Windows Server Update Services (WSUS) or System Center Configuration Manager (SCCM). The Contractor shall provide any successor versions of system including, software/firmware updates, version changes, and upgrades. Software/firmware updates must be tested in non-clinical environments before being made available to all facilities. Installation shall be within a mutually agreed upon timeframe from the date the new release is made available.
PERIOD OF PERFORMANCE:
Period of Performance shall be within thirty (30) days after contract is awarded. Working hours for this contract are between 6:00 pm to 4:30 am, Monday through Friday excluding weekends and federal holidays.
VA follows all Federal holidays that are sent by law (USC Title 5 Section 6103). The Government hereby provided notice, and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:
New Year’s Day January 1 Martin Luther King Jr.’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 14 Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25
When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by the US government agencies.
In addition to the days designated as holidays, the Government observes the following days:
- Any other day designated by Executive Order
- Any other day designated by the President’s Proclamation; and
- Any other day designated by Federal Statute
INVOICE AND PAYMENT
The invoice shall be properly prepared in accordance with FAR 52.212-4, contain sufficient details, and at a minimum, include the following details:
a. IFCAP Obligation Number
b. Contract Number
c. Description of the supply/service rendered
d. Billing period/date when the services were rendered and
e. Invoice number and date Payments will be made in accordance with the Prompt Payment Act out of the Government annual appropriated funds obligated in an order which will be issued after the contract is awarded.
Note: Invoices that are not in compliance with the aforementioned requirements under this paragraph will be rejected for payments and required to be resubmitted.
9. VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY LANGUAGE
General This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.
VA Information Custodial Language This entire section applies to all acquisitions requiring any Information Security and Privacy language.
| a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License. |
| b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. |
| c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization. |
| d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations. |
| e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies. |
| f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service. |
| g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor. |
| h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations. |
| i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements. |
| j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response. |
| k. Notwithstanding the provision above, the contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality-assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response. |
| l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service. |
| m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules. |
| n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition. |
| o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA.The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract. |
| p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO. |
Access to VA Information and Information Systems This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.
| a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor. |
| b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted. |
| c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM). |
| d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted. |
| e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following: |
(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.
(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.
(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.
(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.
(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.
(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.
| f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal. |
| g. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO. |
Training This entire section applies to all acquisitions which include section 3.
| a. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems: |
| (1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter. |
| (2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and |
| (3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role-based information security training]. |
| b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required. |
c. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.
Security Incident Investigation This entire section applies to all acquisitions requiring any Information Security and Privacy language.
| a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD. |
| b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following: |
| (1) The date and time (or approximation of) the Security Incident occurred. |
| (2) The names of individuals involved (when applicable). |
| (3) The physical and logical (if applicable) location of the incident. |
| (4) Why the Security Incident took place (i.e., catalyst for the failure). |
| (5) The amount of data belonging to VA believed to have been compromised. |
| (6) The remediation measures the contractor is taking to ensure no future incidents of a similar nature. |
| c. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination. |
| d. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation. |
| e. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG, and the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. |
| f. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches. |
| g. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA. |
| h. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—Reimbursement for Data Breach Costs. |
Product Integrity, Authenticity, Provenance, Anti-Counterfeit and Anti-Tampering This entire section applies when the acquisition involves any product (application, hardware, or software) or when section 6 or 7 is included.
| a. The contractor shall comply with Code of Federal Regulations (CFR) Title 15 Part 7, “Securing the Information and Communications Technology and Services (ICTS) Supply Chain”, which prohibits ICTS Transactions from foreign adversaries. ICTS Transactions are defined as any acquisition, importation, transfer, installation, dealing in or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs or the platforming or data hosting of applications for consumer download. |
| b. When contracting terms require the contractor to procure equipment, the contractor shall purchase or acquire the equipment from an Original Equipment Manufacturer (OEM) or an authorized reseller of the OEM. The contractor shall attest that equipment procured from an OEM or authorized reseller or distributor are authentic. If procurement is unavailable from an OEM or authorized reseller, the contractor shall submit in writing, details of the circumstances prohibiting this from happening and procure a product waiver from the VA COR/CO. |
| c. All contractors shall establish, implement, and provide documentation for risk management practices for supply chain delivery of hardware, software (to include patches) and firmware provided under this agreement. Documentation will include chain of custody practices, inventory management program, information protection practices, integrity management program for sub-supplier provided components, and replacement parts requests. The contractor shall make spare parts available. All contractor(s) shall specify how digital delivery for procured products, including patches, will be validated and monitored to ensure consistent delivery. The contractor shall apply encryption technology to protect procured products throughout the delivery process. |
| d. If a contractor provides software or patches to VA, the contractor shall publish or provide a hash conforming to the FIPS Security Requirements for Cryptographic Modules (FIPS 140-2 or successor). |
| e. The contractor shall provide a software bill of materials (SBOM) for procured (to include licensed products) and consist of a list of components and associated metadata which make up the product. SBOMs must be generated in one of the data formats defined in the National Telecommunications and Information Administration (NTIA) report “The Minimum Elements for a Software Bill of Materials (SBOM).” |
| f. Contractors shall use or arrange for the use of trusted channels to ship procured products, such as U.S. registered mail and/or tamper-evident packaging for physical deliveries. |
| g. Throughout the delivery process, the contractor shall demonstrate a capability for detecting unauthorized access (tampering). |
| h. The contractor shall demonstrate chain-of-custody documentation for procured products and require tamper-evident packaging for the delivery of this hardware. |
Viruses, Firmware and Malware This entire section applies when the acquisition involves any product (application, hardware, or software) or when section 6 or 7 is included.
| a. The contractor shall execute due diligence to ensure all provided software and patches, including third-party patches, are free of viruses and/or malware before releasing them to or installing them on VA information systems. |
| b. The contractor warrants it has no knowledge of and did not insert, any malicious virus and/or malware code into any software or patches provided to VA which could potentially harm or disrupt VA information systems. The contractor shall use due diligence, if supplying third-party software or patches, to ensure the third-party has not inserted any malicious code and/or virus which could damage or disrupt VA information systems. |
| c. The contractor shall provide or arrange for the provision of technical justification as to why any “false positive” hit has taken place to ensure their code’s supply chain has not been compromised. Justification may be required, but is not limited to, when install files, scripts, firmware, or other contractor-delivered software solutions (including third-party install files, scripts, firmware, or other software) are flagged as malicious, infected, or suspicious by an anti-virus vendor. |
| d. The contractor shall not upload (intentionally or negligently) any virus, worm, malware or any harmful or malicious content, component and/or corrupted data/source code (hereinafter “virus or other malware”) onto VA computer and information systems and/or networks. If introduced (and this clause is violated), upon written request from the VA CO, the contractor shall: |
| (1) Take all necessary action to correct the incident, to include any and all assistance to VA to eliminate the virus or other malware throughout VA’s information networks, computer systems and information systems; and |
| (2) Use commercially reasonable efforts to restore operational efficiency and remediate damages due to data loss or data integrity damage, if the virus or other malware causes a loss of operational efficiency, data loss, or damage to data integrity. |
Specialized Devices/Systems (Medical Devices, Special Purpose Systems, Research Scientific Computing) This entire section applies when the acquisition includes one or more Medical Device, Special Purpose System or Research Scientific Computing Device. If appropriate, ensure selected clauses from section 6 or 7 and 8 through 12 are included.
| a. Contractor supplies/delivered Medical Devices, Special Purpose Systems-Operational Technology (SPS-OT) and Research Scientific Computing Devices shall comply with all applicable Federal law, regulations, and VA policies. New developments require creation, testing, evaluation, and authorization in compliance with processes specified on the Specialized Device Cybersecurity Department Enterprise Risk Management (SDCD-ERM) Portal, VA Directive 6550, Pre-Procurement Assessment and Implementation of Medical Devices/Systems, VA Handbook 6500, and the VA Information Security Knowledge Service. Deviations from Federal law, regulations, and VA Policy are identified and documented as part of VA Directive 6550 and/or the VA Enterprise Risk Analysis (ERA) processes for Specialized Devices/Systems processes. |
| b. All contractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500 and Information Security Knowledge Service specifications in delivered IT systems/solutions, products and/or services. If systems/solutions, products and/or services do not directly match VA security requirements, the contractor shall work though the COR/CO for governance or resolution. |
| c. The contractor shall certify to the COR/CO that devices/systems that have completed the VA Enterprise Risk Analysis (ERA) process for Specialized Devices/Systems are fully functional and operate correctly as intended. Devices/systems must follow the VA ERA authorized configuration prior to acquisition and connection to the VA computing environment. If VA determines a new VA ERA needs to be created, the contractor shall provide required technical support to develop the configuration settings. Major changes to a previously approved device/system will require a new ERA. |
| d. The contractor shall comply with all practices documented by the Food Drug and Administration (FDA) Premarket Submission for Management of Cybersecurity in Medical Devices and Postmarket Management of Cybersecurity in Medical Devices. |
| e. The contractor shall design devices capable of accepting all applicable security patches with or without the support of the contractor personnel. If patching can only be completed by the contractor, the contractor shall commit the resources needed to patch all applicable devices at all VA locations. If unique patching instructions or packaging is needed, the contractor shall provide the necessary information in conjunction with the validation/testing of the patch. The contractor shall apply security patches within 30 business days of the patch release and have a formal tracking process for any security patches not implemented to include explanation when a device cannot be patched. |
| f. The contractor shall provide devices able to install and maintain VA-approved antivirus capabilities with the capability to quarantine files and be updated as needed in response to incidents. Alternatively, a VA-approved whitelisting application may be used when the contractor cannot install an anti-virus / anti-malware application. |
| g. The contractor shall verify and document all software embedded within the device does not contain any known viruses or malware before delivery to or installation at a VA location. |
| h. Devices and other equipment or systems containing media (hard drives, optical disks, solid state, and storage via chips/firmware) with VA sensitive information will be returned to the contractor with media removed. When the contract requires return of equipment, the options available to the contractor are the following: |
| (1) The contractor shall accept the system without the drive, firmware and solid state. |
| (2) VA’s initial device purchase includes a spare drive or other replacement media which must be installed in place of the original drive at time of turn-in; or |
| (3) Due to the highly specialized and sometimes proprietary hardware and software associated with the device, if it is not possible for VA to retain the hard drive, firmware, and solid state, then: |
| (a) The equipment contractor shall have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact. |
| (b) Any fixed hard drive, Complementary Metal-Oxide-Semiconductor (CMOS), Programmable Read-Only Memory (PROM), solid state and firmware on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization |
10. VA PRIVACY CUSTODIAL LANGUAGE
It has been determined that protected health information (PHI) may be used, disclosed, accessed, transmitted, created, stored/maintained, and/or destroyed (providing appropriate proof of destruction in compliance with VA Directive 6371) by the Contractor, and a signed Business Associate Agreement (BAA) will be required. The Contractor will adhere to the requirements set forth within the BAA, referenced in the solicitation, and shall comply with all applicable VA/VHA Directives. Once awarded, Contractor and Contracting Officer will collaborate with the appropriate Facility Privacy Officer, LaKeeshun T. Davis, Acting Privacy Officer, Lakeeshun.Davis@va.gov. to implement the appropriate BAA.
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).
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 COTR 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.
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. Based on the determinations of the independent risk analysis; the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individuals to cover the cost of providing credit protection services to affected individuals consisting of the following:
a. Notification:
b. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
c. Data breach analysis;
d. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
e. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
f. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
TRAINING
A. 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:
a. 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;
b. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
c. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
d. Successfully…
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