SOW Laser and Cryostat Service and Support rv.docx
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- Solicitation number
- 36C25926Q0646_0001
About this file
This is a Statement of Work (SOW) for comprehensive service and support of medical equipment at VA Montana Healthcare System facilities, covering the Fort Harrison VA Medical Center and Billings VA Clinic. The Contractor shall provide full-service support including preventive maintenance, corrective maintenance, and system support for five pieces of equipment: two Alcon Centurian Vision Systems, one Lumenis Selecta Trio Laser, and two Leica CM1860 Cryostats. All services must be performed at Contractor expense in accordance with Original Equipment Manufacturer (OEM) specifications, regulatory requirements, and VA guidelines, with OEM-trained technicians providing maintenance that includes labor, travel, diagnostics, replacement parts, and technical expertise.
The SOW specifies that the Contractor shall provide one preventive maintenance visit per equipment item per year with detailed service reports submitted within 15 calendar days, respond to unscheduled service requests within two business hours during support hours (8:00 AM to 4:30 PM Monday-Friday, excluding Federal Holidays), and provide emergency remote support 24/7/365 with onsite emergency response within 48 hours. All replacement parts must be new OEM parts, with removed parts becoming government property. Corrective maintenance includes troubleshooting, diagnosis, onsite repairs, component replacement, and functional testing. The Contractor is responsible for all parts coverage except consumables, items damaged by customer misuse, environmental damage, and upgrades. Service reports documenting reason for visit, diagnostics, equipment serviced, parts replaced, tests performed, operational status, and technician credentials must be submitted electronically within three business days. Performance standards include 100% compliance with SOW and OEM specifications, 95% equipment uptime, 90% timely communication and post-visit reporting, and satisfactory staffing with necessary knowledge and skills. The place of performance is Montana VA Health Care System at 3687 Veterans Drive, Fort Harrison, MT 59636-1500 and Benjamin Charles Steele VA Clinic at 1766 Majestic Lane, Billings, MT 59102.
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Other files
| File | Type | Posted |
|---|---|---|
| Amendment 0004 36C25926Q0646.docx | DOCX document | |
| Amendment36C25926Q0646 0001 - Eye Laser and cryostats svs.docx | DOCX document | |
| AMENDMENT SUMMARY.docx | DOCX document | |
| Attachment 2 - LOS 852.219-75 - SERVICES.docx | DOCX document | |
| Attachment 1 - Price Schedule.xlsx | XLSX spreadsheet | |
| Attachment C - 1449.docx | DOCX document | |
| Attachment A - DOL 2015-5389 MT Yellowstone rv28 5.12.26.pdf | ||
| Attachment B - DOL 2015-6031 MT Lewis Clark rv4 5.12.26.pdf | ||
| 36C25926Q0646.docx | DOCX document |
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Text version
STATEMENT OF WORK (SOW)
Laser and Cryostat Service and Support Purpose The Contractor shall provide at contractor expense, full-service support, including preventive maintenance (PM), corrective maintenance, and system support for the equipment listed below. Services shall be performed at VA Montana Healthcare System facilities, including Fort Harrison VA Medical Center and Billings VA Clinic, in accordance with Original Equipment Manufacturer (OEM) specifications, regulatory requirements, and VA guidelines.
Services on the equipment include maintenance support, corrective maintenance repair, telephone support 8:00am-4:30pm local time M-F, emergency services, provision of parts (comprehensive parts coverage), and service and modification as required due to safety or reliability. All OEM software updates shall be included.
Equipment Covered
• Alcon Centurian Vision System, SN: 1701880501X (Fort Harrison)
• Alcon Centurian Vision System, SN: 1401586901X (Billings)
• Lumenis Selecta Trio Laser, SN: 10262 (Fort Harrison)
• Leica CM1860 Cryostat, SN: 4250 (Fort Harrison)
• Leica CM1860 Cryostat, SN: 2912 (Fort Harrison) Scope of Services This is a non-personal services requirement. The Contractor, its employees, agents and subcontractors shall not be considered government employees for any purpose.
Contractor shall provide OEM-trained technicians to perform OEM-standard preventative and corrective maintenance on equipment in this SOW with defined responsibilities for parts and repair actions.
Contractor, at contractor expense shall provide all labor, travel, diagnostics, replacement parts for corrective and preventative maintenance, and the technical expertise necessary to maintain and service the listed devices. The Contractor is responsible for all charges and fees related to disposal.
Preventive Maintenance (PM) The Contractor shall provide one (1) onsite PM visit per equipment item per year, performed according to OEM guidelines. A detailed PM service report must be submitted to the COR within 15 calendar days.
Scheduling shall be coordinated with Contracting Officer Representative (COR) to minimize clinical impact.
Contractor shall provide/install any software updates, as they become available, for all equipment, at no additional cost.
Corrective Maintenance Corrective maintenance shall include:
• Troubleshooting and diagnosis
• Onsite repair actions
• Replacement of covered components
• Functional testing and verification
• Software-related corrections when applicable Contractor, at contractor expense, shall provide all parts required for preventative and corrective maintenance.
Corrective maintenance does not include major reconditioning, overhaul, upgrades, or excluded parts.
Reporting Contractor shall provide Service Reports for every service. Reports shall be transmitted electronically to the COR within 3 business days of work completion.
The Service Report shall document the following data legibly and in complete detail:
· Reason for visit
· Diagnostics completed
· Equipment serviced
· Parts replaced
· Tests performed
· Final operational status
· Technician name and credentials
The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the COR (in writing) of the existence or the development of any defects in the equipment discovered and recommendation for repair/replacement. Additionally, Contractor shall identify any defects discovered that Contractor considers they are not responsible for under the terms of the contract.
Place of Performance Montana VA Health Care System 3687 Veterans Drive Fort Harrison, MT 59636 -1500
Benjamin Charles Steele VA Clinic 1766 Majestic Lane Billings, MT 59102 Contractor Responsibilities The Contractor shall maintain all equipment according to OEM specifications including calibration, electrical safety, and software requirements.
The Contract shall respond to *requests for service within two (2) business hours either by phone or electronic communication.
The 2-hour window allows the contractor to acknowledge the request either by telephone or email, provide remote services/resolve the issue, and/or communicate with the COR to arrange on-site services and scheduling as applicable.
Technical Support Contractor shall provide technical support during support hours: *8:00 AM to 4:30 PM, Monday–Friday local time, excluding Federal Holidays.
*If after-hours support is required due to Contractor error, no additional cost will be charged to the VA.
Safety Standards The Contractor shall perform all safety, operational, and calibration checks according to OEM specifications. Work performed is subject to review or audit by the COR.
Additional Services Contractor shall ensure that covered equipment is left in proper operational condition after corrective or preventative maintenance is completed. All updates or retrofit actions must be documented.
Authorized Services Only services within this agreement are authorized. Non‑contract repairs require written approval from the CO or COR.
Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable.
Contractor shall only respond to requests for service from the COR or the CO.
Any billing resulting from unauthorized service will not be paid by the government. The COR will evaluate the contractor’s performance in accordance with the performance standards included in the SOW.
Discontinuance of Service The Government reserves the right to terminate service on specific equipment that meets replacement criteria with 30-days written notice to the Contractor. In the event that equipment is discontinued, payment for services would be prorated accordingly.
Reconditioning Major reconditioning or non‑economical repairs are not included and may be procured separately by the Government.
Remedy or Rework Rework or Remedy is defined as performing the Service again until the Purpose of this PWS is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the local VA POC. Rework or Remedy must occur within 3 business days of the notice of the rework or remedy requirement from the local VA POC and at no additional cost to the Government.
Inspection and Acceptance of Services:
The Government reserves the right to inspect in accordance with this PWS and the Contract. The only individual authorized to officially accept services is the local VA POC. While inspection of services may be delegated by the local VA POC and a shared responsibility with departmental management staff, the local VA POC is ultimately the only authorized individual to approve and accept services on behalf of the VA.
Subcontracting Subcontracting is permitted as long as regulatory requirements are met.
Parts Requirements
a. All replacement parts furnished under this agreement must be new OEM parts.
b. Removed parts become Government property unless otherwise approved by the COR.
c. Contractor shall be responsible for shipment of repair parts and substitute equipment at no expense to the government, with FOB destination terms applicable in these circumstances, and in favor of the VA Medical Center at this location.
Test Equipment The Contractor is responsible for supplying all necessary equipment to complete work in accordance with OEM standards. The VA shall not provide diagnostic tools, test equipment, or specialized instruments required to perform contracted services.
Contractor Furnished Equipment/Service Manuals/Tools The VAMC shall not provide tools, (test) equipment, service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation (such as; operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name and/or the manuals themselves shall be provided to the CO upon request.
Post Award Conference Upon award, the CO may schedule an orientation conference with the Contractor to review contract requirements, performance standards, administrative procedures, and points of contact.
Hazard Communication Statement The Contractor shall be responsible for ensuring compliance with all VA hazard communication policies when working in areas containing hazardous chemicals. This includes:
· Coordination with exposure zone supervisors
· Maintaining Material Safety Data Sheets (MSDS)
· Proper labeling and storage of chemicals
· Ensuring contractor staff possess appropriate PPE
· Compliance with OSHA and VA regulations
Contractors must also brief their personnel and subcontractors on hazard communication requirements.
Parts Coverage and Explicit Exclusions Included Parts Coverage: Contractor shall provide the following parts when needed for Corrective and Preventative Maintenance:
• Standard mechanical and electrical components necessary to restore normal operation
• OEM approved wear components (except those listed under exclusions)
• OEM firmware/software provided specifically for corrective operation
Excluded Parts (Not Covered):
The following items are not included:
1. Consumables and accessories, including but not limited to:
• Filters
• Ink cartridges
• Single use blades
• Any consumable laboratory supplies
2. Parts damaged due to customer misuse or neglect, including:
• Liquid intrusion not caused by equipment defect
• Improper operation by non-authorized personnel
3. Environmental or external damage, including:
• Electrical surges
• Storm damage
• Water damage
4. Upgrades or enhancements, including:
• Optional OEM software packages
• Hardware upgrades or performance enhancements
| 5. | Non-OEM parts or modifications |
| 6. | Major component replacements where repair is not economically feasible |
• Repairs requiring excluded parts will require separate VA funding approval.
Service Calls Unscheduled Service Calls - The contractor shall respond to Unscheduled service (service calls) either by telephone or email, and provide remote services/resolve the issue within 2 hours, 8:00 AM to 4:30 PM, Monday–Friday local time, excluding Federal Holidays.
Emergent Remote Calls- Contractor shall provide technical remote support to emergent service calls within 2 hours of notice from COR 24/7/365.
Emergent On-site Service Calls- If support call for repair service is deemed mission-critical, contractor will be on-site performing corrective action response to service calls within 48 hours of notice from COR, barring special circumstances
Non-emergent service - (machine still able to run with no increased patient risk) should be available, with a technician onsite at location, within 72 hours’ notice from the COR.
Facility Access Contractor shall follow VA HCS facility access procedures including checkin/checkout as detailed by the COR. Prior to commencement of, and immediately after each service visit, the Contractor or his authorized repair technician must check in and out with the VA HCS COR (during normal working hours). Contractor will be required to obtain contractor badges provided by the VA HCS.
Contractor Submittals Within fifteen calendar days after award date, but not later than performance of the first servicing of equipment, the Contractor will furnish two (2) copies of its preventive maintenance procedures manual which will be used during the preventive maintenance services of this contract to the Contracting Officer. These manuals are required by the Government as a condition of the facility's TJC accreditation and must be received before any invoice can be certified for payment.
Protection from Damage Contractor shall provide all labor, materials, and equipment necessary for protection of VA personnel, furnishings, equipment and buildings from damage, and will replace or repair any damage due to work performed under this contract equal to its original quality.
Conformance Standards Contractor shall ensure that their services, staff and equipment used in the performance of this contract conform and comply with the latest industry service standards, information, guidance, regulations and publications of the following:
1) AAMI-ANSI ST-79:2010 Part 7.7 standards (Servicing and Repairs of Devices in the Health Care Facility). This can be obtained at http://www.aami.org/publications/standards/st79.html
2) IAHCSMM - International Association of Healthcare Central Service Materiel Management
3) US FDA – US Food and Drug Administration
4) CDC – Centers for Disease Control and Prevention
5) CDRH – Center for Devices and Radiological Health
6) ISO (As a minimum: ISO 9001:2008 Certification and ISO 13485:2003 certification (medical devices))
7) ASQ – American Society for Quality
8) UL – Underwriters Laboratories
9) OSHA – Occupational Safety and Health Administration
Safety The Contractor must perform services in accordance with:
a) local, state and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines, and any VA Medical Center Directives.
b) local, state and federal Fire and Safety legislation and guidelines, to include VA Medical Center directives and legislation on Fire and Safety.
c) all other Conformance Standards identified in this PWS
MEDICAL CENTER POLICIES
Each VA Medical Center has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies regarding, parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.
Performance Standards The table below defines the Performance Standards and Acceptable Levels of Performance associated with this effort. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).
| Performance Objective |
| Performance Standard |
| Acceptable Levels of Performance |
| A. Technical / Quality of Service |
| · Contractor shall provide service/support to equipment systems in accordance with the SOW and OEM specifications |
| 100% |
| B. Reliability |
| · All equipment covered by this contract shall be in optimum working condition at the completion of each contracted Period of Performance |
| 95% up time of equipment |
| C. Communication |
| · Contractor responds within 2 business hours to requests for service. |
· Post visit reporting is completed timely.
90% of time
| D. Staffing |
| · Personnel possess necessary knowledge, tools, skills, and abilities to perform tasks. |
| Satisfactory or higher |
Acceptable Performance: The Government shall document positive or negative performance. Any report may become a part of the supporting documentation for any contractual action.
Unacceptable Performance: When unacceptable performance occurs, the COR shall work with the Contracting Officer (CO) inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case, the COR shall document the discussion and place it in the COR file.
To assure that the contractor receives impartial, fair, and equitable treatment under this contract, the COR will work with the contractor to increase performance to an acceptable level. When the COR and CO determines formal written communication is required, the COR and CO shall prepare a Notification (Letter or Concern (LOC), Cure Notice, Show Cause Notice) and present it to the Contractor.
1. The contractor shall acknowledge receipt of the LOC Notice in writing.
2. The LOC will specify if the contractor is required to prepare a corrective action plan (CAP) to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The Notice will also state how long after receipt the contractor shall present this corrective action plan to the CO.
3. The Government shall review the contractor's corrective action plan to determine acceptability.
Any Notice may become a part of the supporting documentation for any contractual action deemed necessary by the CO.
General Information Security Requirements The Contractor, its personnel, and any subcontractors (if ever authorized) shall comply with all Federal laws, VA directives, regulations, and policies related to safety, and information security and privacy. This includes requirements equivalent to those governing VA personnel regarding access, handling, protection, and disclosure of VA information systems and data.
The Contractor shall protect all VA-sensitive information encountered during service activities and ensure that no copies, extracts, or transmissions occur except as required for contract completion.
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 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 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 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.
| 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
| 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. |
INFORMATION SYSTEM DESIGN AND DEVELOPMENT.
| a. | Information systems designed or developed on behalf of VA at non-VA facilities shall comply with all applicable Federal law, regulations, and VA policies. This includes standards for the protection of electronic Protected Health Information (PHI), outlined in 45 C.F.R. Part 164, Subpart C and information and system security categorization level designations in accordance with FIPS 199, Standards for Security Categorization of Federal Information and Information Systems and FIPS 200, Minimum Security Requirements for Federal Information Systems. Baseline security controls shall be implemented commensurate with the FIPS 199 system security categorization (reference VA Handbook 6500 and VA Trusted Internet Connections (TIC) Architecture). |
| b. | Contracted new developments require creation, testing, evaluation, and authorization in compliance with VA Assessment and Authorization (A&A) processes in VA Handbook 6500 and VA Information Security Knowledge Service to obtain an Authority to Operate (ATO). VA Directive 6517, Risk Management Framework for Cloud Computing Services, provides the security and privacy requirements for cloud environments. |
| c. | VA IT contractors, subcontractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500, VA Handbook 6517, Risk Management Framework for Cloud Computing Services 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 to identify the VA organization responsible for governance or resolution. Contractors shall comply with FAR 39.1, specifically the prohibitions referenced. |
| d. | The contractor (including producers and resellers) shall comply with Office of Management and Budget (OMB) M-22-18 and M-23-16 when using third-party software on VA information systems or otherwise affecting the VA information. This includes new software purchases and software renewals for software developed or modified by major version change after the issuance date of M-22-18 (September 14, 2022). The term “software” includes firmware, operating systems, applications and application services (e.g., cloud-based software), as well as products containing software. The contractor shall provide a self-attestation that secure software development practices are utilized as outlined by Executive Order (EO)14028 and NIST Guidance. A third-party assessment provided by either a certified Federal Risk and Authorization Management Program (FedRAMP) Third Party Assessor Organization (3PAO) or one approved by the agency will be acceptable in lieu of a software producer's self-attestation. |
| e. | The contractor shall ensure all delivered applications, systems and information systems are compliant with Homeland Security Presidential Directive (HSPD) 12 and VA Identity and Access management (IAM) enterprise identity management requirements as set forth in OMB M-19-17, M-05-24, FIPS 201-3, Personal Identity Verification (PIV) of Federal Employees and Contractors (or its successor), M-21-31 and supporting NIST guidance. This applies to Commercial Off-The-Shelf (COTS) product(s) that the contractor did not develop, all software configurations and all customizations. |
| f. | The contractor shall ensure all contractor delivered applications and systems provide user authentication services compliant with VA Handbook 6500, VA Information Security Knowledge Service, IAM enterprise requirements and NIST 800-63, Digital Identity Guidelines, for direct, assertion-based authentication and/or trust-based authentication, as determined by the design and integration patterns. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV and/or Common Access Card (CAC), as determined by the business need and compliance with VA Information Security Knowledge Service specifications. |
| g. | The contractor shall use VA authorized technical security baseline configurations and certify to the COR that applications are fully functional and operate correctly as intended on systems in compliance with VA baselines prior to acceptance or connection into an authorized VA computing environment. If the Defense Information Systems Agency (DISA) has created a Security Technical Implementation Guide (STIG) for the technology, the contractor may configure to comply with that STIG. If VA determines a new or updated VA configuration baseline needs to be created, the contractor shall provide required technical support to develop the configuration settings. FAR 39.1 requires the population of operating systems and applications includes all listed on the NIST National Checklist Program Checklist Repository. |
| h. | The standard installation, operation, maintenance, updating and patching of software shall not alter the configuration settings from VA approved baseline configuration. Software developed for VA must be compatible with VA enterprise installer services and install to the default “program files” directory with silently install and uninstall. The contractor shall perform testing of all updates and patching prior to implementation on VA systems. |
| i. | Applications designed for normal end users will run in the standard user context without elevated system administration privileges. |
| j. | The contractor-delivered solutions shall reside on VA approved operating systems. Exceptions to this will only be granted with the written approval of the COR/CO. |
| k. | The contractor shall design, develop, and implement security and privacy controls in accordance with the provisions of VA security system development life cycle outlined in NIST 800-37, Risk Management Framework for Information Systems and Organizations: A System Life Cycle Approach for Security and Privacy, VA Directive and Handbook 6500, and VA Handbook 6517. |
| l. | The Contractor shall comply with the Privacy Act of1974 (the Act), FAR 52.224-2 Privacy Act, and VA rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish a VA function. |
| m. | The contractor shall ensure the security of all procured or developed information systems, systems, major applications, minor applications, enclaves and platform information technologies, including their subcomponents (hereinafter referred to as “Information Systems”) throughout the life of this contract and any extension, warranty, or maintenance periods. This includes security configurations, workarounds, patches, hotfixes, upgrades, replacements and any physical components which may be necessary to remediate all security vulnerabilities published or known to the contractor anywhere in the information systems (including systems, operating systems, products, hardware, software, applications and firmware). The contractor shall ensure security fixes do not negatively impact the Information Systems. |
| n. | When the contractor is responsible for operations or maintenance of the systems, the contractor shall apply the security fixes within the timeframe specified by the associated controls on the VA Information Security Knowledge Service. When security fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the contractor shall provide written notice to the VA COR/CO that the patch has been validated as to not affecting the Systems within 10 business days. |
INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE.
| a. | The contractor shall comply with all Federal laws, regulations, and VA policies for Information systems (cloud and non-cloud) that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities. Security controls for collecting, processing, transmitting, and storing of VA sensitive information, must be in place. The controls will be tested by VA or a VA sanctioned 3PAO and approved by VA prior to hosting, operation, maintenance or use of the information system or systems by or on behalf of VA. This includes conducting compliance risk assessments, security architecture analysis, routine vulnerability scanning, system patching, change management procedures and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures shall be the same as procedures used to secure VA-operated information systems. |
| b. | Outsourcing (contractor facility, equipment, or staff) of systems or network operations, telecommunications services or other managed services require Assessment and Authorization (A&A) of the contractor’s systems in accordance with VA Handbook 6500 as specified in VA Information Security Knowledge Service. Major changes to the A&A package may require reviewing and updating all the documentation associated with the change. The contractor’s cloud computing systems shall comply with FedRAMP and VA Directive 6517 requirements. |
| c. | The contractor shall return all electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) on non-VA leased or non-VA owned IT equipment used to store, process or access VA information to VA in accordance with A&A package requirements. This applies when the contract is terminated or completed and prior to disposal of media. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Information Security Knowledge Service requirements and NIST 800-88. The contractor shall send a self-certification that the data destruction requirements above have been met to the COR/CO within 30 business days of termination of the contract. |
| d. | All external internet connections to VA network involving VA information must be in accordance with VA Trusted Internet Connection (TIC) Reference Architecture and VA Directive and Handbook 6513, Secure External Connections and reviewed and approved by VA prior to implementation. Government-owned contractor-operated systems, third party or business partner networks require a Memorandum of Understanding (MOU) and Interconnection Security Agreements (ISA). |
| e. | Contractor procedures shall be subject to periodic, announced, or unannounced assessments by VA officials, the OIG or a 3PAO. The physical security aspects associated with contractor activities are also subject to such assessments. The contractor shall report, in writing, any deficiencies noted during the above assessment to the VA COR/CO. The contractor shall use VA’s defined processes to document planned remedial actions that address identified deficiencies in information security policies, procedures, and practices. The contractor shall correct security deficiencies within the timeframes specified in the VA Information Security Knowledge Service. |
| f. | All major information system changes which occur in the production environment shall be reviewed by the VA to determine the impact on privacy and security of the system. Based on the review results, updates to the Authority to Operate (ATO) documentation and parameters may be required to remain in compliance with VA Handbook 6500 and VA Information Security Knowledge Service requirements. |
| g. | The contractor shall conduct an annual privacy and security self-assessment on all information systems and outsourced services as required. Copies of the assessment shall be provided to the COR/CO. The VA/Government reserves the right to conduct assessment using government personnel or a third-party if deemed necessary. The contractor shall correct or mitigate any weaknesses discovered during the assessment. |
| h. | VA prohibits the installation and use of personally owned or contractor-owned equipment or software on VA information systems. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW, PWS, PD or contract. All security controls required for government furnished equipment must be utilized in VA approved Other Equipment (OE). Configuration changes to the contractor OE, must be funded by the owner of the equipment. All remote systems must use a VA-approved antivirus software and a personal (host-based or enclave based) firewall with a VA-approved configuration. The contractor shall ensure software on OE is kept current with all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-virus software and the firewall on the non-VA owned OE. Approved contractor OE will be subject to technical inspection at any time. |
| i. | The contractor shall notify the COR/CO within one hour of disclosure or successful exploits of any vulnerability which can compromise the confidentiality, integrity, or availability of the information systems. The system or effected component(s) need(s) to be isolated from the network. A forensic analysis needs to be conducted jointly with VA. Such issues will be remediated as quickly as practicable, but in no event longer than the timeframe specified by VA Information Security Knowledge Service. If sensitive personal information is compromised reference VA Handbook 6500.2 and Section 5, Security Incident Investigation. |
| j. | For cases wherein the contractor discovers material defects or vulnerabilities impacting products and services they provide to VA, the contractor shall develop and implement policies and procedures for disclosure to VA, as well as remediation. The contractor shall, within 30 business days of discovery, document a summary of these vulnerabilities or defects. The documentation will include a description of the potential impact of each vulnerability and material defect, compensating security controls, mitigations, recommended corrective actions, root cause analysis and/or workarounds (i.e., monitoring). Should there exist any backdoors in the products or services they provide to VA (referring to methods for bypassing computer authentication), the contractor shall provide the VA CO/CO written assurance they have permanently remediated these backdoors. |
| k. | All other vulnerabilities, including those discovered through routine scans or other assessments, will be remediated based on risk, in accordance with the remediation timelines specified by the VA Information Security Knowledge Service and/or the applicable timeframe mandated by Cybersecurity & Infrastructure Security Agency (CISA) Binding Operational Directive (BOD) 22-01 and BOD 19-02 for Internet-accessible systems. Exceptions to this paragraph will only be granted with the approval of the COR/CO. |
SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING, ASSESSMENT
AND AUDITING
| a. | Should VA request it, the contractor shall provide a copy of their (corporation’s, sole proprietorship’s, partnership’s, limited liability company (LLC), or other business structure entity’s) policies, procedures, evidence and independent report summaries related to specified cybersecurity frameworks (International Organization for Standardization (ISO), NIST Cybersecurity Framework (CSF), etc.). VA or its third-party/partner designee (if applicable) are further entitled to perform their own audits and security/penetration tests of the contractor’s IT or systems and controls, to ascertain whether the contractor is complying with the information security, network or system requirements mandated in the agreement between VA and the contractor. |
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