36C26125Q0067.pdf

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

36C261-24-AP-5639

459-25-1-761-0002

36C26125Q0067 11-15-2024

Shanel Pagaragan 808-835-9573 11-21-2024

10:00 AM HST

Department of Veterans Affairs

Network Contracting Office 21 (NCO 21)

VA Pacific Islands Health Care System

711 Kapiolani Blvd Suite 200

Honolulu HI 96813

X

541519

150 Employees

N/A

Department of Veteran Affairs

VA Pacific Islands Health Care System

Community Living Center

110 Krukowski Road

Honolulu HI 96819

Department of Veterans Affairs

Network Contracting Office 21 (NCO 21)

VA NorCal Health Care System

10535 Hospital Way

Mather CA 95655

Department of Veterans Affairs

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

866-372-1141 vafscenterprisesupport@va

See CONTINUATION Page

This RFQ is a sole-source requirement for Sierra7, Inc. for the AvaSure Vitual Sitter in support of VA Pacific Islands

Health Care System.

Please fill in the unit price and complete the required information items in Section B.2 "Price Cost Schedule" and delivery date in Section B.3 "Delivery Schedule."

Please send information to Shanel.Pagaragan@va.gov and David.Alvarez4@va.gov.

See CONTINUATION Page

X 1

David Alvarez

Contracting Officer

36C26125Q0067

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 GWAC RFQ INTRODUCTORY LANGUAGE

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.3 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 22

C.6 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

SECTION E - SOLICITATION PROVISIONS

E.1 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.2 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.3 VAAR 852.239-71 INFORMATION SYSTEM SECURITY PLAN AND

ACCREDITATION (FEB 2023)

E.4 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

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 David Alvarez

Department of Veterans Affairs

Network Contracting Office 21 (NCO 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:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Government Delivery and Acceptance

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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

5.00 EA ________________

Guardian Hardware, 1 year Renewal AvaSure Subscription Contract Period: Base POP Begin: 11-30-2024 POP End: 11-29-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and Supplies: Medical, Dental, Veterinary

MANUFACTURER PART NUMBER (MPN): N/A

Guardian Hardware, 1 year Renewal AvaSure Subscription Contract Period: Option 1 POP Begin: 11-30-2025 POP End: 11-29-2026 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and

Guardian Hardware, 1 year Renewal AvaSure Subscription Contract Period: Option 2 POP Begin: 11-30-2026 POP End: 11-29-2027 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and

Guardian Hardware, 1 year Renewal AvaSure Subscription Contract Period: Option 3 POP Begin: 11-30-2027 POP End: 11-29-2028 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and

Guardian Hardware, 1 year Renewal AvaSure Subscription Contract Period: Option 4 POP Begin: 11-30-2028 POP End: 11-29-2029 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: 6525 - Imaging Equipment and

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

ALL SHIP TO: VA Pacific Islands Health Care System Community Living Center 110 Krukowski Road Honolulu, HI 96819

USA

ALL ____DAYS ARO

MARK FOR: Katherine Dietrich

(808) 583-3167 Katherine.Dietrich@va.gov

FOB: DESTINATION

B.4 STATEMENT OF WORK

Statement of Work

Type of Service

Continued need for the tele sitter-technology system, AvaSure within the VA Pacific Islands

Healthcare System’s Community Living Center to address ongoing falls and escalating staffing costs.

Location

VA Pacific Islands Healthcare System

Community Living Center

110 Krukowski Road

Honolulu, HI 96819

Period of Performance

Base year: 11/30/2024 to 11/29/2025

OY1: 11/30/2025 to 11/29/2026

OY2: 11/30/2026 to 11/29/2027

OY3: 11/30/2027 to 11/29/2028

OY4: 11/30/2028 to 11/29/2029

If the services after any point during the contract agreement are no longer deemed necessary, then the final payment will be equivalent to the total months of services consumed.

Description of Service

A. The contractor will provide video-monitoring seven (7) days a week; 24 hours a day; 365 days a year to ensure patient safety for high-risk veterans.

B. The contractor will ensure the system is fully operational and provide training on usage of the tele-sitter equipment before turning it over to the facility to be used.

C. All software applications shall be HIPAA compliant. Complex usernames, expiring passwords, granular permission settings and role-based security shall be standard. All databases shall be compliant to the latest VA IT guidelines.

D. The tele-sitter program should work at a minimum, on a 2016 Windows Server Operating

System and should be compatible to the 2019 Windows Server Operating System. As the VA upgrades its servers and operating environment, the tele-sitter system should also be updating and providing an approved version to be compliant.

E. The contracted vendor will continue to use the tele-sitter software currently being used with the VA Network’s physical and/or virtual. The contractor will provide any other specific component that will be needed to be compatible for integration into the VA network as needed.

F. The contractor shall continue to identify all items that are required to be able to operate inside the VA network. This may include hardware and software upgrades or replacements.

G. The contractor will ensure that a copy of the latest Enterprise Risk Analysis Report is provided to the POC.

H. The contractor will provide a 24 hour, 7 days a week troubleshooting support in the event of an emergency or need for on-going maintenance and support.

I. All contracted personnel shall abide by the Covid-19 guidelines as set forth by the VAPIHCS

Community Living Center. The VAPIHCS is not liable for any expenses should the personnel become Covid-19 positive during the installation. In addition, the personnel will be subject to contract tracing and any other procedures as determined by the VAPIHCS employee occupational health department. Contractor personnel will be given a copy of VA’s Notice of

Privacy Practices and will be asked to complete an acknowledgment of receipt.

Hours of Coverage

A. Normal business hours are Monday through Friday from 8:00 am to 4:00 pm and excludes

Federal holidays.

B. All preventive and repair services will be performed during normal business hours.

C. All preventive and repair services will be prearranged through the POC or designee.

D. Work performed outside of normal business hours at the request of the POC or designee will be billed according to the vendor’s contract and will include service time plus one hour for travel time. On the other hand, work performed outside of normal business hours at the request of the contractor will be considered service during normal hours of coverage and paid at the standard rate.

E. Hardware/software update/upgrade installations will be scheduled and performed outside normal hours of coverage at no additional charge to the Government (unless it would be detrimental to equipment up-time; to be determined by POC or Designee).

Unscheduled Maintenance (Emergency Repair Services)

A. Contractor will maintain the equipment in accordance with the manufacturer’s specifications.

If equipment is not functioning according to the manufacturer’s specifications, the contractor will provide repair services to include calibration, cleaning, adjusting necessary parts or supplies, replacing parts, and maintaining the equipment until performance is fully operational.

B. Only the POC or designee has the authority to approve or request a service from the contractor.

C. Contractor must respond to a service call within 4 hours of the initial phone call during normal business hours. If the issue cannot be resolved via a phone call, then the contractor is required to address the issue with an on-site physical response within two (2) business days, or as agreed upon after receiving the second notification.

Scheduled Maintenance

A. Contractor will perform regular, scheduled preventive maintenance to ensure equipment performs in accordance with schedule of preventive maintenance procedures provided to the

POC or designee.

B. Contractor will utilize a checklist or worksheet that outlines work performed, as well as the actual values obtained, and documentation is to be provided to the POC or designee following completion of scheduled maintenance.

C. Checklist will include a written description of preventive maintenance performed, including an itemized list of procedures.

D. Preventive maintenance services may include the following (but not limited to):

Cleaning of equipment

Reviewing operating system software diagnostics to ensure system is operating in accordance with manufacturer’s specifications.

Calibrating the equipment

Conducting corrective maintenance of non-emergent nature

Testing and/or replacing parts that are close to or likely to become faulty.

Inspecting electrical wiring and cables for wear and fraying and replacing those parts if any sign of wear or fraying is detected.

Inspecting all mechanical components and replacing those parts if any defects are detected.

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Performing whatever maintenance or corrective action is necessary to return equipment to fully operational condition, as defined in manufacturer’s specifications.

Provide receipt of documentation that includes a checklist of services performed, along with a written description of the types of maintenance conducted.

E. Preventive maintenance will be scheduled on a regular basis, as determined necessary by the contractor in accordance with manufacturer’s specifications.

F. Contractor will schedule preventive maintenance appointments through the POC or designee.

Parts

A. Contractor will provide replacement parts and supplies needed to satisfy equipment’s operational requirements.

B. All replacement parts and supplies will be provided through the original manufacturer and shall perform according to the equipment specifications.

C. All equipment shall be compliant with VA IT standards and any other applicable VA standards/guidelines. This includes routers, hubs, switches, and room control devices.

Service Manuals, Tools, and Equipment

A. Contractor will provide necessary tools, equipment, service manuals, and other diagnostic software at own discretion upon performing scheduled or unscheduled maintenance.

B. Contractor will provide service data manuals to the POC or designee upon request.

Documentation and Reports

A. Documentation of scheduled and unscheduled maintenance will include a detailed description of the services performed, including the provision of replacement parts and associated costs.

B. Complete documentation will include the following:

Name of Contractor and contract number

Name of Field Service Engineer who performed services.

Contractor service number or log number

Date, start/end time, and equipment downtime.

VA purchase order number if outside normal business hours

Report of problem conveyed by the POC or designee.

Identification of equipment to be served including inventory number, manufacturer name, device name, model number, serial number, and any other identification number or series.

Itemized description of the services performed (labor and travel, parts with numbers, materials, and circuit location of problem with corrective action)

Total costs (if applicable)

Signature of field service engineer or representative that performed services, as well as an authorized VA employee that witnessed the services were performed.

Reporting Requirements

A. Contractor will be required to report to the CFA ambulance entrance and go through a

COVID-19 screening prior to entering the building.

B. Field service representative will also be subject to COVID-19 testing as part of CFA pandemic protocols.

C. All reporting arrangements will be coordinated through the POC or designee.

Competency of Personnel Servicing Equipment

A. Contractor personnel must be fully qualified to perform scheduled and unscheduled maintenance on equipment.

B. Field service engineers should have completed a formal training and have at least two years of experience with respect to performing scheduled and unscheduled maintenance.

C. Contractor will make the determination of fully qualified field service engineers and provide written documentation of the competency and credentials of designated individuals.

D. If a subcontractor is used, they must be approved by the POC or designee.

Identification, Parking, and VA Regulations

A. Contractor and designated personnel are always required to wear visible identification while working on VA/Tripler Army Medical Center properties.

B. Contractor/field service engineers will park in assigned stalls or lot area that is pre-determined by the POC or designee.

C. Smoking is prohibited inside of the CFA.

D. Possession of weapons is prohibited.

E. Enclosed containers are subject to be searched.

F. Violations of any VA or Tripler Army Medical Center regulations may result in citation answerable in a United States Federal District Court or municipal court.

Insurance

Worker compensation and employer's liability - Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes.

General Liability - Contractors are required to have Bodily Injury Liability Insurance Coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

Property Damage Liability: - Contractors are required to have Property Damage Liability insurance coverage of at least $500,000.

Appendix B

NARA Records Management Language for Contracts (May 2017):

https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle

Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Veterans Health Administration records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4. may include deliverables and documentation associated with deliverables.

https://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

C. Requirements

The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained, or dispositioned:

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR

Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of

44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VA Pacific Islands Healthcare System and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA Pacific Islands Healthcare System or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA Pacific Islands Healthcare System. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the Statement of Work (SOW). The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from

Government facilities or systems, or facilities or systems operated or maintained on the

Government’s behalf, without the express written permission of the Head of the Contracting

Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA Pacific Islands Healthcare System control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the Statement of Work. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and VA Pacific

Islands Healthcare System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA Pacific Islands Healthcare System policy.

8. The Contractor shall not create or maintain any records containing any non-public VA Pacific

Islands Healthcare System information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VA Pacific Islands Healthcare System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which VA Pacific Islands Healthcare System shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-

11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The

Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow-down of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the

Contractor.

Appendix C

1. GENERAL

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 GENERAL.

VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

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.

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.

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.

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.

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.

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.

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.

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.

The contractor’s firewall and web services security controls, as applicable, shall meet or exceed

VA’s minimum requirements.

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.

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.

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.

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.

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 POC/CO, the contractor shall return all Federal

Records to VA for disposition.

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 POC 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 POC/CO with the tracking information.

Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the POC/CO within 30 business days of termination of the contract.

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. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract. A 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.

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.

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).

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 CO in writing prior to access being granted.

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

Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a

VA project discontinued for any reason.

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.

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.

Contractor/subcontractor personnel have their authorization to work in the United States revoked.

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.

In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity

Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens.

Contractors shall notify the appropriate VA POC/CO immediately to initiate access removal.

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

POC/CO.

TRAINING. This entire section applies to all acquisitions which include section 3.

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:

VA Privacy and Information Security Awareness and Rules of Behavior course (Talent

Management System (TMS) #10176) initially and annually thereafter.

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

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].

The contractor shall provide to the POC/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.

Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

SECURITY INCIDENT INVESTIGATION. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk

(ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the POC/CO the incident number received from the ESD.

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:

The date and time (or approximation of) the Security Incident occurred.

The names of individuals involved (when applicable).

The physical and logical (if applicable) location of the incident.

Why the Security Incident took place (i.e., catalyst for the failure).

The amount of data belonging to VA believed to have been compromised.

The remediation measures the contractor is taking to ensure no future incidents of a similar nature.

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.

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.

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.

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.

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.

If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—

Reimbursement for Data Breach Costs.

PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT

AND ANTI-TAMPERING. This entire section applies when the acquisition involves any product (application, hardware, or software) or when section 6 or 7 is included.

The contractor shall comply with Code of Federal Regulations (CFR) Title 15 Part 7, “Securing the Information and Communications Technology and Services (ICTS) Supply Chain”, which prohibits ICTS Transactions from foreign adversaries. ICTS Transactions are defined as any acquisition, importation, transfer, installation, dealing in or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs or the platforming or data hosting of applications for consumer download.

When contracting terms require the contractor to procure equipment, the contractor shall purchase or acquire the equipment from an Original Equipment Manufacturer (OEM) or an authorized reseller of the OEM. The contractor shall attest that equipment procured from an

OEM or authorized reseller or distributor are authentic. If procurement is unavailable from an

OEM or authorized reseller, the contractor shall submit in writing, details of the circumstances prohibiting this from happening and procure a product waiver from the VA POC/CO.

All contractors shall establish, implement, and provide documentation for risk management practices for supply chain delivery of hardware, software (to include patches) and firmware provided under this agreement. Documentation will include chain of custody practices, inventory management program, information protection practices, integrity management program for sub-supplier provided components, and replacement parts requests. The contractor shall make spare parts available. All contractor(s) shall specify how digital delivery for procured products, including patches, will be validated, and monitored to ensure consistent delivery. The contractor shall apply encryption technology to protect procured products throughout the delivery process.

If a contractor provides software or patches to VA, the contractor shall publish or provide a hash conforming to the FIPS Security Requirements for Cryptographic Modules (FIPS 140-2 or successor).

The contractor shall provide a software bill of materials (SBOM) for procured (to include licensed products) and consist of a list of components and associated metadata which make up the product. SBOMs must be generated in one of the data formats defined in the National

Telecommunications and Information Administration (NTIA) report “The Minimum Elements for a Software Bill of Materials (SBOM).”

https://www.va.gov/oal/library/vaar/vaar852.asp#85221176 https://www.va.gov/oal/library/vaar/vaar852.asp#85221176

Contractors shall use or arrange for the use of trusted channels to ship procured products, such as

U.S. registered mail and/or tamper-evident packaging for physical deliveries.

Throughout the delivery process, the contractor shall demonstrate a capability for detecting unauthorized access (tampering).

The contractor shall demonstrate chain-of-custody documentation for procured products and require tamper-evident packaging for the delivery of this hardware.

VIRUSES, FIRMWARE AND MALWARE. This entire section applies when the acquisition involves any product (application, hardware, or software) or when section 6 or 7 is included.

The contractor shall execute due diligence to ensure all provided software and patches, including third-party patches, are free of viruses and/or malware before releasing them to or installing them on VA information systems.

The contractor warrants it has no knowledge of and did not insert, any malicious virus and/or malware code into any software or patches provided to VA which could potentially harm or disrupt VA information systems. The contractor shall use due diligence, if supplying third-party software or patches, to ensure the third-party has not inserted any malicious code and/or virus which could damage or disrupt VA information systems.

The contractor shall provide or arrange for the provision of technical justification as to why any

“false positive” hit has taken place to ensure their code’s supply chain has not been compromised. Justification may be required, but is not limited to, when install files, scripts, firmware, or other contractor-delivered software solutions (including third-party install files, scripts, firmware, or other software) are flagged as malicious, infected, or suspicious by an anti-virus vendor.

The contractor shall not upload (intentionally or negligently) any virus, worm, malware or any harmful or malicious content, component and/or corrupted data/source code (hereinafter “virus or other malware”) onto VA computer and information systems and/or networks. If introduced

(and this clause is violated), upon written request from the VA CO, the contractor shall:

Take all necessary action to correct the incident, to include any and all assistance to VA to eliminate the virus or other malware throughout VA’s information networks, computer systems and information systems; and

Use commercially…