36C26123Q0293.docx

36C26123Q0293

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

459-23-2-105-0053

36C261-23-AP-0744

36C26123Q0293 02-03-2023 Moneque Rodriguez 808-539-1304 02-10-2023 10:00 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu

HI

96813 X 541511 $30 Million N/A X "See Delivery Schedule"

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu

HI

96813

FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 866-372-1141 vafscenterprisesupport@va See CONTINUATION Page RALS license & support for AccuChek & CoaguChek Period of Performance:

Base Period: 02/27/2023 to 02/26/2024 Option Year 1: 02/27/2024 to 02/26/2025 Option Year 2: 02/27/2025 to 02/26/2026 Option Year 3: 02/27/2026 to 02/26/2027 Option Year 4: 02/27/2027 to 02/26/2028 See CONTINUATION Page X Moneque Rodriguez Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Moneque Rodriguez

VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 711 Kapiolani Blvd Suite 200 Honolulu HI 96813

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Statement of Work

RALS-Web3 Software License & Support for AccuChek Inform II & CoaguChek XS Plus meters for VA Pacific Islands Health Care System Laboratory Dated: January 30, 2023

I. Introduction

The Department of Veterans Affairs, VA Pacific Islands Health Care System (VAPIHCS), Honolulu, Hawaii requires a data management system for point-of-care test results generated from the use of the Roche AccuChek Inform II for whole blood glucose testing and the Roche CoaguChek XS Plus for coagulation testing to facilitate expedient and accurate reporting of point-of-care test results into the patients’ medical record. The Government anticipates that the program requirement will be fulfilled via a Firm Fixed Price contract.

The VA PIHCS Laboratory is requesting all required software licensure and support renewal for point-of-care device interface connections for the current thirteen (13) AccuChek Inform II meter devices and nine (9) CoaguChek XS Plus meter devices inclusive of RALS-Web3 Browser Based Remote Access for a contract base period plus 4 option year periods.

Laboratory analyzers require the use of middleware to transmit test results via HL7 interface to VistA. This software is proprietary and Windows based intended to be the middleware between point-of-care testing devices and the core server. The data collected by this technology is temporarily held in a virtual server within a secure VA Biomed virtual local area network (VLAN) until it is reviewed and uploaded to the patient’s chart through the VistA lab package.

Centralized control over monitoring of reagent lot numbers and expiration dates in use and managing device user permissions is essential to maintaining quality and regulatory compliance for point-of-care testing programs. This can only be accomplished by using a data management program with these capabilities.

The annual support and maintenance of RALS-Web3 will facilitate access to a technical support hotline for assistance with troubleshooting and fixing data transmission issues. As new point-of-care devices are acquired by the Laboratory, additional connections/licenses and associate connection support may be required.

II. Products (including software, licenses, & support)

Description/Part Number* (Qty.)

a. Roche AccuChek Inform II Module (1)

b. Maintenance support for AccuChek meters (13)

c. System support module (1) (AccuChek)

d. RALS Silver Support Tier (1) (AccuChek)

e. RALS-Web3 Browser Based Remote Access for 1 hospital (AccuChek)

f. Results Interface (LIS HL-7 un-solicited results) (AccuChek)

g. ADT in-unit Patient Verification w/Positive Pt. Identification (interface) (AccuChek)

h. Roche Coagulation Module for CoaguChek XS Plus

i. Maintenance support for CoaguChek (9)

j. System support module (1) (CoaguChek)

k. RALS Silver Support Tier (1) (CoaguChek)

l. RALS-Web3 Browser Based Remote Access for 1 hospital (1) (CoaguChek)

m. LIS HL-7 un-solicited results interface (1) (CoaguChek)

n. Implementation fee for new module addition (1) (*base period only)

III. Periods of Performance

Base Period: 02/27/2023 to 02/26/2024 Option Year 1: 02/27/2024 to 02/26/2025 Option Year 2: 02/27/2025 to 02/26/2026 Option Year 3: 02/27/2026 to 02/26/2027 Option Year 4: 02/27/2027 to 02/26/2028

IV. Objectives

The desired goal of this contract is to facilitate point-of-care testing result transmission from the testing devices to VistA via the RALS-Web3 HL7 interface. Direct result transmission /communication from point-of-care testing devices to VistA is not possible without the RALS-Web3 middleware interface.

V. General Qualifications

A. The Contractor shall have all licenses, permits accreditation and certificates required by law and/or VHA.

B. The contractor shall provide a copy of all relevant permits/licenses and certifications inclusive of any sanctions current or pending throughout the USA, pre-contract to post-contract award.

C. Contractor policies and procedures shall comply with Health Insurance Portability and Accountability Act (HIPAA).

D. The Contractor shall provide a copy of the renewed licenses/certificates to the Government Representative before expiration.

VI. Contractor's Responsibilities:

A. Procedure Guidance

1. The Contractor shall provide change notice prior to implementation of any new procedures and services.

B. Technical support

1. The Contractor shall provide technical support normally provided to its commercial customers in accordance with service level requested on the contract terms.

2. The Contractor shall provide a toll-free telephone number that is available during normal business hours for immediate technical support assistance for troubleshooting system issues. Afterhours technical support inclusive of applicable time zone differences between the Contractor operational hours and Hawaii Standard Time (HST) is preferred.

C. System upgrades

1. The Contractor shall provide to the government no-charge upgrades to the RALS system normally provided to its commercial customers when available.

The C&A requirements do not apply, and a Security Accreditation Package is not required.

Appendix B

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Appendix C

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooksas VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S.to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must 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; and

(b) Any fixed hard drive 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 preapproved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

5. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

6. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

7. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

8. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Roche AccuChek Inform II Module Unit Contract Period: Base POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

MANUFACTURER PART NUMBER (MPN): N/A

Item Number: _____________________

Support for 13 AccuChek meters Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

System support model (AccuChek) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS Silver Support Tier (AccuChek) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS-Web3 Browser Based Remote Access for 1 hospital (AccuChek) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Results Interface (LIS HL-7 un-solicited results-AccuChek) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ADT in-unit Patient Verification w/Positive Pt. Identification (interface-AccuChek) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Roche Coagulation Module for CoaguChek XS Plus Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Support for 9 CoaguChek XS Plus meters Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

System support model (CoaguChek XS Plus) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS Silver Support Tier (CoaguChek XS Plus) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS-Web3 Browser Based Remote Access for 1 hospital (Coaguchek XS Plus) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

LIS HL-7 Unsolicited Results Interface (CoaguChek XS Plus) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Implementation fee for new module addition (base period only for CoaguChek XS Plus) Unit

POP Begin: 02-27-2023 POP End: 02-26-2024 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Roche AccuChek Inform II Module Unit Contract Period: Option 1 POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Support for 13 AccuChek meters Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

System support model (AccuChek) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS Silver Support Tier (AccuChek) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS-Web3 Browser Based Remote Access for 1 hospital (AccuChek) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Results Interface (LIS HL-7 un-solicited results-AccuChek) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ADT in-unit Patient Verification w/Positive Pt. Identification (interface-AccuChek) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Roche Coagulation Module for CoaguChek XS Plus Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Support for 9 CoaguChek XS Plus meters Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

System support model (CoaguChek XS Plus) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS Silver Support Tier (CoaguChek XS Plus) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS-Web3 Browser Based Remote Access for 1 hospital (Coaguchek XS Plus) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

LIS HL-7 Unsolicited Results Interface (CoaguChek XS Plus) Unit

POP Begin: 02-27-2024 POP End: 02-26-2025 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Roche AccuChek Inform II Module Unit Contract Period: Option 2 POP Begin: 02-27-2025 POP End: 02-26-2026 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Support for 13 AccuChek meters Unit

POP Begin: 02-27-2025 POP End: 02-26-2026 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

System support model (AccuChek) Unit

POP Begin: 02-27-2025 POP End: 02-26-2026 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS Silver Support Tier (AccuChek) Unit

POP Begin: 02-27-2025 POP End: 02-26-2026 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

RALS-Web3 Browser Based Remote Access for 1 hospital (AccuChek) Unit

POP Begin: 02-27-2025 POP End: 02-26-2026 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Results Interface (LIS HL-7 un-solicited results-AccuChek) Unit

POP Begin: 02-27-2025 POP End: 02-26-2026 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

ADT in-unit Patient Verification w/Positive Pt. Identification (interface-AccuChek) Unit

POP Begin: 02-27-2025 POP End: 02-26-2026 PRINCIPAL NAICS CODE: 541511 - Custom Computer Programming Services PRODUCT/SERVICE CODE: 7H20 - IT and Telecom - Platform Products: Database, Mainframe, Middleware (Hardware and Perpetual License Software)

Roche Coagulation Module for CoaguChek XS Plus…