36C26126Q0272 SES Philips RFQ.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

654-26-1-625-0017

36C26126Q0272 03-20-2026

Larry Facio (916) 923-4553 03-31-2026 1:00pm PDT

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21

X 100

X

541519

$34 Million

N/A

X

VA Sierra Nevada Healthcare System 975 Kirman Ave

Reno NV 89502

612MCP

Network Contracting Office (NCO) 21

FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Contractor Shall Provide Software Evolution Services (SES) on Philips Central Monitoring, Telemetry, and Patient Monitoring equipment located at VA Sierra Nevada Health Care Services (VASNHCS) IAW Performance Work Statement.

Period of Performance:

Base Year: 04/05/26 to 04/04/27 Option Year #1: 04/05/27 to 04/04/28 Option Year #2: 04/05/28 to 04/04/29 Option Year #3: 04/05/29 to 04/04/30 Option Year #4: 04/05/30 to 04/04/31

Vendors are to provide completed VAAR 852.219-75 & 52.209-7, and 52.227-15

See CONTINUATION Page

654-3660160-625-825500-2543 010055500

X X

Larry Facio

VA-VHA-RPOW-2025-0020

36C26126Q0272

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

B.3 PERFORMANCE WORK STATEMENT

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...29

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.6 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MARCH 2026)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, VA SIERRA NEVADA

HEALTH CARE SYSTEM, AND

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024) (DEVIATION NOV

2025)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION

NOV 2025)

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

SERVICES (NOV 2021)

E.6 ADDENDUM 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

E.7 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.8 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED

COMPUTER SOFTWARE DEC 2007

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.11 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES

INCORPORATED BY REFERENCE (JAN 2008)

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

Network Contracting Office 21

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] Monthly

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.

All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

http://www.fsc.va.gov/einvoice.asp

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

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

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Elevator Maintenance, Inspection & Repair Services IAW

Performance Work Statement.

Contract Period: Base POP Begin: 04-05-2026 POP End: 04-04-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance PRODUCT/SERVICE CODE: Z1AA - Maintenance of Office Buildings

Miscellaneous Parts, Repairs and Maintenance Costs.

Contract Period: Base POP Begin: 04-05-2026 POP End: 04-04-2027 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Total Base Year:

Performance Work Statement.

Contract Period: Option 1 POP Begin: 04-05-2027 POP End: 04-04-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Contract Period: Option 1 POP Begin: 04-05-2027 POP End: 04-04-2028 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Total Option Year #1:

Elevator Maintenance, Inspection & Repair Services IAW Performance Work Statement.

Contract Period: Option 2 POP Begin: 04-05-2028 POP End: 04-04-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Contract Period: Option 2 POP Begin: 04-05-2028 POP End: 04-04-2029 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Total Option Year #2:

Performance Work Statement.

Contract Period: Option 3 POP Begin: 04-05-2029 POP End: 04-04-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Contract Period: Option 3 POP Begin: 04-05-2029 POP End: 04-04-2030 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Total Option Year #3:

Performance Work Statement.

Contract Period: Option 4 POP Begin: 04-05-2030 POP End: 04-04-2031 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial

Machinery and Equipment (except Automotive and Electronic) Repair

Contract Period: Option 4 POP Begin: 04-05-2030 POP End: 04-04-2031 PRINCIPAL NAICS CODE: 811310 - Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair

Total Option Year #4:

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

Patient Monitoring Equipment Software Evolution Services Contract for

VA Sierra Nevada Healthcare System Statement of Work

1. INTRODUCTION AND SCOPE OF WORK:

Furnish all labor, parts, material, travel and shipping to and from Philips, for Software Evolution Services including all software repairs and loaner devices on Philips Central Monitoring, Telemetry, and Patient Monitoring equipment located at VA Sierra Nevada HCS.

2. CONTRACT PERIOD:

Contract period shall be for base plus 4

3. QUALIFICATION REQUIREMENTS:

(A) Contractor shall provide at least one primary employee and one back-up employee on their staff that has a current Original Equipment Manufacturer Training Certification on the covered equipment, and all Contractor staff shall possess experience engaged in maintaining the covered equipment for a minimum of two (2) years.

(B) Contractor shall provide employee’s OEM Training Certificates with their formal bid offer on the Service Contract.

(C) Contractor shall provide Next-Day On-Site support by their own staff, as needed throughout the entire length of the Contract.

(D) Contractor shall ensure that the equipment functions in conformance with FDA Requirements and the latest published edition of NFPA 99. The equipment shall be repaired in accordance with the manufacturer’s standards/specifications.

(E) Contractor shall provide software, parts, labor and travel except consumables covered under this contract.

(F) Service reports for all repairs and updated “as-builts” must be available and provided within 2 business days when requested by VA Sierra Nevada Health Care, further referred to as “Facility.”

4. SERVICES TO BE PROVIDED:

The Contractor shall perform Software Evolution Service to ensure that equipment listed in the VA Sierra Nevada HCS Philips Inventory Schedule performs in accordance with Philips OEM Patient Monitoring System Characteristics listed in the most recent Philips “as-built” for the Facility. The Contractor shall provide and utilize procedures and checklists with worksheet originals indicating work performed and actual values obtained (as applicable) provided to the COR (Contracting Officer’s Representative) at the completion of any applicable Software Evolution Services (SES), and provide written description of Software Evolution Services (SES).

This description shall include an itemized list of the procedures performed, including changes to the most recent system “as-built.”

Contractor shall complete required Software Evolution Services including the following:

(A) Software Licensing Entitlement:

• Any new functionality through Version releases.

• Any new major enhancements and new features.

• Above two (2) items shall apply to Philips Intellivue Central Monitoring Solutions, Intellivue Bedside Monitoring, and IntelliBridge Enterprise Middleware.

(B) Contractor-provided Web-Cored application:

An application shall be provided by the Contractor allowing Facility Biomed and Philips support personnel to process, store and present the following matrices regarding Philips Patient Monitoring devices, applications and networking equipment:

• Inventory information.

• Statistical information.

• Alert information.

(C) Contractor-provided Microsoft OS patching.

• If necessary, Contractor shall enable Windows Server Update Services (WSUS) and

• Coordinate patching activities with Facility Biomed and OI&T Services.

(D) Contractor-employed individual: Shall report the following to the Facility:

• Measurements of completion of required Software Evolution Services.

• Ongoing Contract support for the duration of the Contract.

(E) Contractor-provided mirrored testing environment:

This testing environment shall be provided to Facility for evaluation and training of staff prior to production on the following criteria:

• Philips PIIC iX solution infrastructure.

• Philips PIIC iX solution interoperability changes.

(F) Contractor-provided 24-hour, 7-day Customer Support Center:

• Contractor shall provide access to technical, clinical remote, and telephone support 24 hours/7 days per week.

• Contractor shall provide direct connection to an SME (subject matter expert) 8am to

8pm/7 days per week.

(G) Online/Resident Training Courses: Contractor shall provide Facility Biomed unlimited online courses, and two (2) Facility Biomed slots shall be allowed at a Philips Training Facility per year, covering the following devices/systems at no additional cost:

• Philips PIIC iX.

• Philips Intelliview MX40 Telemetry.

• Philips Intelliview Patient Monitor.

• Philips CareEvent.

(H) Annual System Reports: The following reports shall be provided by the Contractor to the Facility:

• Philips PIIC iX System Review shall be completed on-site at Facility.

• Philips IntelliBridge Enterprise shall be remotely completed.

• Above 2 items shall include: Reference architecture explanations/recommendations of clinical workflow, system requirements, and risk management strategies.

• Annual System Health Check: The system shall be analyzed by the Contractor’s Senior

Network Engineer, reporting on the system’s adherence to Philips’ OEM specifications, as well as recommendations for optimization of performance.

(I) Clinical Implementation Services: The following shall be included in the contract, during Monday-Friday, 7am-7pm, as they pertain to full version upgrade:

• Planning.

• Resource Allocation.

• Stakeholder Alignment.

• Equipment Configuration.

• Clinical Education (shall be no more than 10 participants/class).

• User Acceptance Testing.

• Go-Live Support.

(J) Advanced Technology Services: Contractor shall provide 2 (two) on-site visits per year by a Philips-trained regional technical resource, who shall coordinate said visit with Facility Biomed within the hours set forth Advanced Technology Services for the Facility’s implementations of Philips PIIC iX, including Intellivue Bedside Monitors and IBE for full version upgrades and updates shall be provided by the Contractor at no additional cost to the Facility.

(K) Operational Requirements:

(i) Coverage: Twenty-four (24) hour coverage, Monday through Friday, excluding holidays shall be required by the contract. Federal Holidays observed: See Section M (ii).

(ii) Response Time: Contractor's FSE must respond with a phone call to the Facility COR (Contracting Officer’s Representative) or designated alternate within two (2) hours after receipt of telephoned notification, 24 (twenty-four) hours per day. If the problem cannot be corrected by phone, the Contractor’s FSE shall commence work (on-site physical response) within 24 hours of vendor notification of problem.

(iv) Reporting Services Beyond Contract Scope:

The Contractor shall immediately, but no later than 24 (twenty-four) consecutive hours after discovery, notify the CO and COR (in writing) of the existence or the development of any defects in, or repairs required, to the scheduled equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The Contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs.

(v) Condition of Equipment:

The Contractor accepts responsibility for the Contracted equipment, in "as is" condition.

Failure to inspect the equipment prior to contract award will not relieve the Contractor from performance of the requirements of this contract.

(vi) Competency of Personnel Servicing Contracted Equipment:

(a) Each respondent must have an established business, with an office and full-time staff. The respondent’s staff must include a "fully qualified" FSE (Field Service Engineer) and a "fully qualified" FSE who will serve as the backup.

(b) "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the equipment identified in the Section B schedule. For field experience, the FSE(s) has a minimum of two years of experience, with respect to scheduled and unscheduled preventive and remedial maintenance, on the covered Anesthesia Equipment.

(c) All work shall be performed by "Fully Qualified" competent FSEs. The Contractor shall provide written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model the Contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the Contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or COR specifically reserves the right to reject any of the Contractor's personnel and refuse them permission to work on the VAMC equipment.

(vii) Test Equipment:

Prior to commencement of work on this contract, the Contractor shall provide Facility Biomed with a copy of the current calibration certification of all test equipment which is to be used by the Contractor on VA owned equipment. This certification shall also be provided on a periodic basis when requested by Facility. Test equipment calibration shall be traceable to a national standard. A current calibration certification shall be within the last 12 months from the time of the repair or maintenance event when the test equipment is to be used.

(viii) Service Manuals:

Facility Biomed shall not provide service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to all FSE’s all operational and technical documentation (such as; operational and service manuals, schematics, and parts list) which are necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name and/or the menu.

(L) REFERENCES:

Contract service shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99. The listed equipment shall be maintained in accordance with the manufacturer's standards and/or specifications. Repair procedures shall be in accordance with the manufacturer's specifications.

(M) DELIVERY: Repairs shall be scheduled with Facility Biomed in accordance with the schedule outlined in the contract. See below.

(i) Reporting Requirements: The Contractor shall be required to report to Biomedical Engineering to log in during normal working hours of 7:00 a.m. to 3:30 p.m., Monday through Friday. This check in is mandatory. The FSE (Field Service Engineer), upon completion of services, shall document services rendered on a legible FSR (Field Service Report), and shall be required to log out with Biomedical Engineering.

(ii) On-Site Coverage Hours: Contractor shall provide service 7am-7pm Monday through Friday. On-Site Response time will be within Twenty-four (24) hours Monday through Friday, excluding holidays. All services shall be performed during the above hours of coverage unless requested or approved by the COR (Contracting Officer’s Representative) or approved designee.

Federal Holidays observed by VA:

New Years' Day, Martin Luther King Day, President’s day, Memorial day, Juneteeth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

(N) PROGRESS AND COMPLIANCE:

(i). Contractor-Provided Service Reports: ALL engineering service reports shall be submitted to Facility Biomed for an "acceptance signature" and to the COR (Contracting Officer’s Representative) for an authorization signature". If the COR is unavailable, a designee from Facility Biomed shall sign, submitting signed copy of the FSR (Field Service Report) to the COR (Contracting Officer’s Representative) following work completion.

VA Sierra Nevada HC Biomedical Contact Person(s): Kylynn Nelson Location (Building/Room Number): Building 1, Room B4286, Telephone Number & Extension(s): 775.784.3940 Contractor -- Provide telephone number(s) to call for your Service Department:_

Provide name(s) of authorized contact person(s):__________________________________________

(ii) Documentation: The documentation shall include detailed descriptions of the scheduled and unscheduled maintenance procedures performed (i.e., Emergency repairs), including replaced parts and prices (for outside normal working hour services) required to repair the equipment in accordance with the manufacturer’s specifications.

Such documentation shall meet the guidelines as set forth in paragraph 4(L), REFERENCES. In addition, each FSR (Field Service Report) shall, at a minimum, document the following data legibly and in complete detail:

(1) Name of contractor.

(2) Name of FSE who performed services.

(3) Contractor service FSR number/log number.

(4) Date, time (start & end), equipment downtime, and hours on-site for the service call.

(5) VA purchase order numbers(s) covering the call if outside normal working hours.

(6) Description of problem reported by COR (If applicable).

(7) Identification of the equipment to be serviced:

• Inventory ID number

• Manufacturer’s name

• Device name

• Model number

• Serial Number

• Any other manufacturer’s identification numbers

(8) Itemized Description of Services Performed including Costs associated with after normal working hour services) including: Labor and Travel, Parts (with part numbers) and Materials and Circuit Location of problem/corrective action.

(9) Total Cost to be billed (If Applicable --i.e., part(s) not covered or service rendered after normal hours of coverage).

(10) Signatures:

(a) FSE performing services described.

(b) VA Employee who witnessed service described.

(iii) Payment: Invoices will be paid in arrears on a quarterly basis upon receipt of service reports.

5. SPECIAL INSTRUCTIONS, NOTES AND OTHER INFORMATION:

a. Additional Charges: There shall be no additional charge for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts. Note: Any additional charges claimed shall be approved by the COR (Contracting Officer’s Representative) before the service is initiated.

b. Security Issues: Contractor FSEs (Field Service Engineers) on site shall check in with Facility Biomed so VA Police can issue a Vendor Badge before any work is performed at Facility. Any work performed on VA IT-related systems shall be performed on a “Need-to-Know” basis, limited to the amount of access needed to perform assigned duties, and FSEs shall be escorted by VA Sierra Nevada Biomed personnel at all times while accessing said systems. NO circumstances warrant the removal of PHI/PII from VA systems/facilities.

c. Instructions for Vendor Arrival: Contractors required to obtain temporary Vendor ID badge from VA Police Department, 975 Kirman Ave, Reno, NV 89502, and sign into the Biomed Shop Visitor Log upon arrival to Facility for repairs, and be escorted by a member of the Biomed staff while on VA property during entire visit.

6. TERMS AND CONDITIONS:

(i) End User Damage Responsibility: The contractor shall not be responsible for under the terms of this contract for repairs to equipment necessitated by user abuse/misuse of equipment.

(ii) Exclusions: Service contract shall not include work to equipment not related to the Philips Equipment Inventory located at VA Sierra Nevada HCS.

(iii) Inspection of Equipment: Contractor shall be provided an opportunity to inspect the Covered Philips Equipment Inventory to verify list before entering into a service agreement. Visits to perform said inspections shall be coordinated with Facility Biomed by calling 775.784.3925 or emailing Kylynn.Nelson@va.gov or David.Rippee@va.gov.

7. SECURITY REQUIREMENTS:

(i) Equipment being serviced contains PHI/PII.

(ii) Safeguards shall be observed by the contractor to protect said PHI/PII, and under no circumstances shall said PHI/PII be removed from the Facility.

8. RECORDS MANAGEMENT OBLIGATIONS:

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. Chapters. 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.

mailto:Kylynn.Nelson@va.gov mailto:David.Rippee@va.gov

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. The VA Sierra Nevada Health Care System (VASNHCS) 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 VASNHCS 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 VASNHCS. 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 contract documents. 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 VASNHCS 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 contract documents. 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 VASNHCS 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 VASNHCS policy.

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

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as 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 COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 2 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 5 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. 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 vulnerablity 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 COR 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.