36C25626Q0500_1.docx

36C25626Q0500

GENERAL INFORMATION

Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

POINT OF CONTACT*

Contract Specialist Rhonda Gibson rhonda.gibson2@va.gov 7133502900

PLACE OF PERFORMANCE

510 East Stoner Ave

Shreveport LA

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

A.1 COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. The combined synopsis/solicitation number is 36C25626Q0500.

3. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 202-01 (eff. 03/13/2026)

4. This requirement is Total Small Business Set Aside. The North American Industry Classification System number is 541519 with a size standard of $34 Million.

5. Place of Performance:

Overton Brooks VA Health Care Environmental Service 510 East Stoner Ave Shreveport, LA 71101

6. Period of Performance: This requirement will include one (1) 12-month base year with two (2) 12- month option years.

7. All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Rhonda Gibson, Rhonda.gibson2@va.gov no later than 10:00A.M. Central Time on 24 Mar 2026.

8. Quotes are due no later than Friday, 27 Mar 2026 at 10:00A.M. Central Time and shall be submitted electronically via e-mail to the Contract Specialist, Rhonda Gibson, rhonda.gibson2@va.gov.

APPLICABLE Provisions and Clauses:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Solicitation contains a list of all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

SOLICITATION NUMBER*

PUBLISH DATE/TIME/ZON

QUESTIONS DATE/TIME ZONE

36C25626Q0500

03-19-2026 5:00PM CENTRAL TIME, CHICAGO, USA

03-24-2026 10:00AM CENTRAL TIME, CHICAGO, USA

NAICS CODE*

CONTRACTING OFFICE ADRRESS

541519 Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center

Houston, TX 77056-5643

Network Contracting Office 16

Houston, TX 77056-5643

POINT OF CONTACT*

Contract Specialist Rhonda Gibson rhonda.gibson2@va.gov 7133502900

PLACE OF PERFORMANCE

510 East Stoner Ave

Shreveport, LA

USA

COUNTRY

ADDITIONAL INFORMATION

DESCRIPTION

A.1 COMBINED SYNOPSIS/SOLICITATION

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, in conjunction with FAR Part 13, Simplified Acquisition Procedures for Certain Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

2. The combined synopsis/solicitation number is 36C25626Q0500.

3. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 202-01 (eff. 03/13/2026)

4. This requirement is Total Small Business Set Aside. The North American Industry Classification System number is 541519 with a size standard of $34 Million.

5. Place of Performance:

Overton Brooks VA Health Care Environmental Service 510 East Stoner Ave Shreveport, LA 71101

6. Period of Performance: This requirement will include one (1) 12-month base year with two (2)12-month option years.

7. All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Rhonda Gibson, Rhonda.gibson2@va.gov no later than 10:00A.M. Central Time on 24 Mar 2026.

8. Quotes are due no later than 27 Mar 2026 at 10:00A.M. Central Time and shall be submitted electronically via e-mail to the Contract Specialist, Rhonda Gibson, rhonda.gibson2@va.gov.

APPLICABLE Provisions and Clauses:

The provision at 52.212-1 Introduction to Offerors – Commercial, applies to this acquisition.

The provision at 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) applies to this acquisition.

All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications –Commercial Items.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and a statement. The addendum to FAR 52.212-4 also applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition.

Addendum to FAR 52.212-4 Show FAR clauses followed by VAAR clauses in numeric order.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.2 CONTRACT ADMINISTRATION DATA

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

[Completed by Quoter]

a. CONTRACTOR: Company Name ATTN/POC Name Address Phone Email

TAX ID

GSA/FSS, NAC SEWP Contract # (if applicable)

b. GOVERNMENT: Contracting Officer 36C256 Peter Wren Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

a. 52.232-33 Payment by Electronic Funds Transfer - System for Award Management through TUNGSTEN

3. INVOICES: Invoices shall be submitted in arrears:

a. Other: Upon receipt and acceptance by the Government

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

5. INVOICES: Invoices shall be submitted in arrears:

6. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION [Completed by Quoter]

Base Year -Support License for HYCU Service Contract Period: Base POP Begin: 03-30-2026 POP End: 03-29-2027

LOCAL STOCK NUMBER: HYFPFCOR1Y

667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.

Option Year 1 Year -Support License for HYCU Service Contract Period: Option 1 POP Begin: 03-30-2027 POP End: 03-29-2028

667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.

Option Year 2 Year -Support License for HYCU Service Contract Period: Option 2 POP Begin: 03-30-2028 POP End: 03-29-2029

667 MX2795856 667 MX2795951 667 MX2795827 Other covered items: All associated hardware, computers and servers Contractor shall furnish all necessary software licenses and service support for all hardware and software for the Nutanix/HYCU HCI.

B.4 DELIVERY SCHEDULE

12.00

12.00

12.00

B.5 STATEMENT OF WORK

1. Point of Contact:

Fax Number:

2. Contract Title: Support Licensing with Services for HYCU

3. Background: The Overton Brook Veterans Affairs Medical Center located at 510 East Stone Ave, Shreveport, Louisiana 71101, is requesting HYCU Licensing and Support Services for the purpose of backup and disaster recovery capabilities for their Nutanix HCI Platform installed at Shreveport LA and Disaster Recovery Cluster installed at Jackson, MS. HYCU Licenses and Support Services will provide Data Protection and Recovery contingencies for all Nutanix HCI Nodes. The goal is to enhance the center's data protection, backup, and disaster recovery capabilities. The Overton Brooks VAMC currently utilizes Nutanix for our Data Storage and virtualization solutions and transitioning to a different provider would require significant redevelopment, reconfiguration, retesting of all dependent systems, and exorbitant costs, resulting in potential downtime and increased risk to operations. The contractor will provide services for one (1)12-month base year and two (2) 12-month options years. HYCU licenses and any necessary hardware shall be delivered and installed according to the SOW.

The continued use of our current cloud service provider is critical to ensure the uninterpreted operation and security of the organization’s web servers, virtual system drives, and hosted data. The provider currently hosts all production web environments, database and virtual infrastructure.

4. Scope: The scope of this project includes the procurement, installation, and continued support of the existing HYCU software solution integrated with the current Nutanix HCI environment at the Overton Brooks VA Medical Center (OBVAMC). The contractor shall provide all required licensing for purchase and usage, along with all associated support services for the existing Nutanix HCI infrastructure located at 510 E. Stoner Avenue, Shreveport, LA 71101.

OBVAMC Biomedical Engineering recommends renewal of the HYCU software solution to sustain the Nutanix HCI platform. This renewal will generate cost savings by enabling further virtualization of resource‑intensive clinical applications and eliminating the need for additional, less effective, and more costly backup and recovery systems. It will also support increased compliance with the VA’s Virtual First policy.

OBVAMC will provide all necessary power requirements, rack space, and network infrastructure.

5. Specification/Characteristics:

The specific tasks include:

· Procurement of 24 HYCU licenses and any necessary hardware

· Comprehensive installation and configuration of the HYCU software

· Seamless integration with Overton Brooks’ existing Nutanix HCI infrastructure

· Initial backup and recovery configuration

· Conducting in-depth user training sessions

· Providing detailed documentation and support material 6.Objective:

The primary objectives of this project are:

· To procure the necessary HYCU licenses and hardware

· To ensure detailed and seamless integration with the existing Nutanix HCI infrastructure

· To establish a reliable and efficient backup and recovery operation

· To educate and train key personnel on the effective use and management of the HYCU solution Items Covered:/Equipment List

· 667 MX2795856

· 667 MX2795951

· 667 MX2795827

Data Protection and Recovery for all Nutanix HCI nodes through HYCU Licenses.

7. Deliverables The key deliverables for this project include:

· 24 Licensed HYCU software and any associated hardware

· Properly installed and configured HYCU solution

· Successful integration with Nutanix HCI infrastructure

· Operational backup and recovery systems

· Conducted user training sessions

· Comprehensive documentation including user manuals, configuration guides, and support materials

· The government will provide access to facilities and the current Nutanix HCI infrastructure

· The government will assign a project manager to coordinate activities with the vendor

· The government will Ensure timely approval of all project deliverables and invoices

· The Contractor shall deliver HYCU software licenses and necessary hardware

· The Contractor shall perform installation and configuration of the HYCU solution

· The Contractor shall Integrate the HYCU software with Overton Brooks’ Nutanix HCI infrastructure

· The contractor shall conduct comprehensive user training sessions

· The Contract shall provide all necessary documentation and support materials

8. Place of Performance: 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 the 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 The contractor shall furnish all licenses and provide support for the HYCU Backup Solution for one (1) 12‑month base year and two (2) 12‑month option years as part of this license renewal.

Base Year: Mar 30, 2026, through Mar 29, 2027 Option Year 1: Mar 30, 2027, through Mar 29, 2028 Option Year 2: Mar 30, 2028, through Mar 29, 2029

9. Location Of Services Overton Brooks VA Medical Center 510 East Stoner Ave Shreveport, Louisiana 71101 POC: Jarred Bice Phone # 318-990-7212 Email: jarred.bice@va.gov

10. 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 appropriate 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.

1. GENERAL SECURITY

The 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.

2. VA INFORMATION CUSTODIAL 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 fulfil 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 to 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 abovementioned information, the contractor shall immediately refer to 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 the 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 POC, 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 are 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 (POC) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information shall 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 POC with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the POC 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 VA CO.

3. 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 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 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 shall 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 shall 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 POC in writing prior to access being granted.

e. The contractor shall notify the POC of writing immediately (no later than 24 hours) after personnel separation or the occurrence of other causes. Causes may include the following:

1) The Contractor personnel no longer have a need for access to VA information or VA information systems.

2) The Contractor personnel are terminated, suspended, or otherwise have their work on a VA project discontinued for any reason.

3) The Contractors believe 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) The Contractor personnel have their authorization to work in the United States revoked.

6) The agreement by which the 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 POC immediately to initiate access removal.

g. The Contractors who no longer require VA access 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 POC.

4. TRAINING.

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 the POC 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.

5. SECURITY INCIDENT INVESTIGATION.

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 POC with 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 did the Security Incident take place (i.e., catalyst for the failure).

5) The amount of data belonging to VA was 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 shall 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 violations 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.

6. PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT AND ANTI-TAMPERING.

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 is 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 VA PCO.

c. All contractors shall establish, implement, and provide documentation for risk management practices for supply chain delivery of hardware, software (including patches) and the firmware provided under this agreement. Documentation will include a 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 contractors(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 shall 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. The 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.

7. VIRUSES, FIRMWARE, AND MALWARE.

a. The Contractor shall execute due diligence to ensure all software provided 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 Veteran Affairs (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 damage 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.

8. CRYPTOGRAPHIC REQUIREMENT

a. The Contractor shall document how the cryptographic system supporting the contractor’s products and/or services protect the confidentiality, data integrity, authentication and non-repudiation of devices and data flows in the underlying system.

b. The Contractor shall use only approved cryptographic methods as defined in FIPS 140-2 (or its successor) and NIST 800-52 standards when enabling encryption on its products.

c. The Contractor shall provide or arrange for the provision of an automated remote key-establishment method which protects the confidentiality and integrity of the cryptographic keys.

d. The Contractor shall ensure emergency re-keying of all devices can be remotely performed within 30 business days.

e. The Contractor shall provide or arrange for the provision of a method for updating cryptographic primitives or algorithms.

9. PATCHING GOVERNANCE

a. The Contractor shall provide documentation detailing the patch management, vulnerability management, mitigation and update processes (including third-party) prior to the connection of electronic devices, assets or equipment to VA’s assets. This documentation will include information regarding the following:

1) The resources and technical capabilities to sustain the program or process (e.g., how the integrity of a patch is validated by VA); and

2) The approach and capability to remediate newly reported zero-day vulnerabilities for contractor products.

b. The Contractor shall verify and provide documentation that all procured products (including third-party applications, hardware, software, operating systems, and firmware) have appropriate updates and patches installed prior to delivery to VA.

c. The Contractor shall provide or arrange the provision of appropriate software and firmware updates to remediate newly discovered vulnerabilities or weaknesses for their products and services within 30 days of discovery. Updates to remediate critical or emergent vulnerabilities will be provided within seven business days of discovery. If updates cannot be made available by the contractor within these time periods, the contractor shall submit mitigations, methods of exploit detection and/or workarounds to the PCO prior to the above deadlines.

d. The Contractor shall provide or arrange for the provision of appropriate hardware, software and/or firmware updates, when those products, including open-source software, are provided to the VA, to remediate newly discovered vulnerabilities or weaknesses. Remediations of products or services provided to the VA’s system environment shall be provided within 30 business days of availability from the original supplier and/or patching source. Updates to remediate critical vulnerabilities applicable to the Contractor’s use of the third-party product in its system environment will be provided within seven business days of availability from the original supplier and/or patching source. If applicable third-party updates cannot be integrated, tested and made available by Contractor within these time periods, mitigations and/or workarounds will be provided to the PCO before the above deadlines.

10. SPECIALIZED DEVICES/SYSTEMS (MEDICAL DEVICES, SPECIAL PURPOSE SYSTEMS, RESEARCH SCIENTIFIC COMPUTING).

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. The Contractors 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 PCO for governance or resolution.

c. The Contractor shall certify to the PCO 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 shall 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 the 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 Post market 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 are 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 which 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:

i. 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.

ii. 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 specifications need to be pre-approved and described in the solicitation, contract, or order.

END OF STATEMNT OF WORK

36C25626Q0500

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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