S02 36C26126Q1143.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Lattice Labeling MediCopia System with Zebra Printers and Support

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 89086

SOLICITATION NUMBER* 36C26126Q1143

RESPONSE DATE/TIME/ZONE 08/19/2026, 1200PM PST

ARCHIVE DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* 6515

NAICS CODE* 513210

CONTRACTING OFFICE ADDRESS Network Contracting Office 21

POINT OF CONTACT*

Shelley Self

Shelley.Self2@va.gov

PLACE OF PERFORMANCE

ADDRESS VA Southern Nevada Healthcare System

6900 N Pecos Rd

North Las Vegas, NV

POSTAL CODE 89086

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL http://www.va.gov

URL DESCRIPTION Department of Veterans Affairs

AGENCY CONTACT’S EMAIL ADDRESS Shelley.Self2@va.gov

EMAIL DESCRIPTION Contract Specialist mailto:Shelley.Self2@va.gov

DESCRIPTION

Description

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01.

This solicitation is not set-aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 513210, with a size standard of $47 Million.

The FSC/PSC is 6515.

The VA Network Contracting Office 21 is seeking to purchase the Lattice MediCopia Specimen Collection with Zebra printers and associated supplies on behalf of the VA Southern Nevada Healthcare System.

This is a Brand Name Only Sole Source solicitation:

Supplies/Services

See Below section “Price/Cost Schedule”

Delivery shall be provided no later than 90 days after receipt of order (ARO).]

FOB destination

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_12_202

36C26126Q1143

Table of Contents

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 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

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

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

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 Shelley Self

Department of Veterans Affairs

Network Contracting Office 21

VA Southern Nevada Healthcare System

6900 N. Pecos Road, Building 6

North Las Vegas NV 89086

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 delivery and Government 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.

VA - FSC Tungsten http:www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

82.00 EA __________________ __________________

ZQ610-HC Mobile Printer Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): ZQ610-HC

LOCAL STOCK NUMBER: ZQ610-HC

82.00 EA __________________ __________________

ZQ610-HC charging adaptor Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): ZQ610-HC

LOCAL STOCK NUMBER: ZQ610-HC

21.00 EA __________________ __________________

HC50 Handheld Computer Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

MANUFACTURER PART NUMBER (MPN): HC50

LOCAL STOCK NUMBER: HC50

6.00 EA __________________ __________________

HC50 single slot charging cradle Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

3.00 EA __________________ __________________

HC50 5 slot charging cradle Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies

21.00 EA __________________ __________________

HC50 Staging fee Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments,

1.00 EA __________________ __________________

Software License - Specimen Site License (150 beds) Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

Interfaces - ADT Interface Contract Period: Base POP Begin: 08-19-2026

POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

LIS Interface (VistA Requisition Parsing) Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

LDAP Interface Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

Services- Implementation and Project Management Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

16.00 EA __________________ __________________

Services - Training (hours) Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

Services - Training travel expenses Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026

PRINCIPAL NAICS CODE: 513210 - Software Publishers PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments,

16.00 EA __________________ __________________

Services - On-site Go-Live (hours) Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

Services - Go-Live travel expenses Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

First year annual support- Site License Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

First year annual support - Interfaces Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

First year annual support - 24x7 Support Contract Period: Base POP Begin: 08-19-2026 POP End: 10-30-2026 PRINCIPAL NAICS CODE: 513210 - Software Publishers

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: VA Southern Nevada Healthcare System 6900 N Pecos Rd North Las Vegas, NV 89086

USA

ALL ARO ______

WEEKS

FOB: DESTINATION

B.4 STATEMENT OF WORK

Lattice MediCopia Project - Specimen Collection

1.0 Background:

The VA Southern Nevada Healthcare System (VASNHS), located at 6900 North Pecos Road, North Las Vegas, Nevada 89086, has a current need to acquire 82 ZQ610-HC Mobile Printers and 21 HC50 Handheld Computers Lattice MediCopia – Specimen Collection. The purchase and implementation of the Lattice MediCopia – Specimen Collection will enchance patient safety by reducing identification errors, streamline workflows, and ensure compliance with data security standards.

Currently, laboratory specimens are frequently mislabeled by nursing staff, leading to significant compliance challenges with standards set by the Joint Commission, Clinical Laboratory Improvement Amendments (CLIA), and the Association for the Advancement of Blood & Biotherapies (AABB). These lapses have resulted in unnecessary repeat draws for Veterans and pose a risk of contributing to patient safety sentinel events over time. In fiscal year 2026 alone, the Emergency Department has reported 59 incidents of specimen mislabeling. Implementing advanced equipment and software solutions, such as handheld barcode-enabled devices, can effectively prevent these errors from recurring, thereby enhancing patient safety, improving compliance, and streamlining laboratory workflows.

The Zebra HC50 handheld computer system aligns with MCP 113-25-06, Laboratory Specimen Collection, Processing, and Testing Priority, which mandates that specimens be labeled in the presence of the patient. This protocol emphasizes the active identification of each patient—requiring the patient to state their full name and identifier, which staff then compare to the specimen label to ensure accurate matching. Despite adherence to these procedures, errors in specimen labeling continue to occur, leading to unnecessary repeat draws for Veterans and posing patient safety risks. Implementing the Zebra HC50 system with barcode scanning and real-time verification capabilities can enhance compliance with these standards by enabling bedside labeling and active patient identification, thereby significantly reducing the incidence of mislabeling and improving overall patient safety.

The Zebra HC50 handheld computer system supports compliance with Joint Commission standards by enhancing the accuracy and safety of clinical workflows. Its features, such as barcode scanning, real-time data capture, and bedside labeling, align with Joint Commission requirements for patient identification, specimen labeling, and documentation accuracy.

Specifically, the HC50 facilitates adherence to protocols like MCP 113-25-06, which mandates that laboratory specimens be labeled in the presence of the patient and that patient identification be actively verified through the patient stating their full name and identifier. By utilizing the HC50 for bedside specimen labeling and active patient verification, healthcare providers can significantly reduce errors, meet regulatory standards, and improve patient safety outcomes.

2.0 Scope of Work:

2.1 Product Description:

2.1.1 The Zebra HC50 Handheld Computer System is a versatile, rugged enterprise device designed to meet the demanding needs of healthcare, retail, manufacturing, and logistics environments. Featuring a compact and ergonomic design, the HC50 offers a 5-inch high-resolution touchscreen display, supporting all-day use with gloves and in various lighting conditions. Powered by a high-performance processor and running on the latest Android operating system, it delivers fast, reliable performance for data collection, communication, and workflow management.

Equipped with advanced barcode scanning capabilities, including 1D and 2D barcode support, the HC50 ensures accurate and efficient specimen labeling, inventory management, and asset tracking. Its robust construction provides IP54 sealing and drop resistance, ensuring durability in harsh environments.

Connectivity options include Wi-Fi, Bluetooth, NFC, and optional cellular (LTE), enabling real-time data transfer and communication. The device also features a long-lasting battery with quick charging to support extended shifts, making it an ideal solution for improving accuracy, compliance, and operational efficiency across various industries.

2.1.2 The Zebra ZQ610-HC Mobile Printer is a high-performance, portable printing solution specifically designed for healthcare environments. Engineered to deliver reliable, on-demand printing of labels, wristbands, and receipts, the ZQ610-HC features a compact, lightweight design that easily fits into nurses' pockets or workflows. It offers fast print speeds, crisp print quality, and durable construction to withstand the rigors of daily hospital use.

This printer supports a wide range of connectivity options, including Wi-Fi, Bluetooth, and NFC, enabling seamless integration with Zebra HC50 handheld computers and other devices for real-time label printing at the point of care. Its user-friendly interface, long-lasting battery, and simple media loading make it easy for staff to operate, improve accuracy, and enhance workflow efficiency.

The ZQ610-HC is an ideal mobile printing solution for healthcare providers seeking dependable, high-quality labels and wristbands to ensure patient safety and regulatory compliance.

2.2 Routine Maintenance: The contractor will provide a manual for the Zebra HC50 Handheld Computer System and Zebra ZQ610-HC Mobile Printer this manual will point out the most common procedures and techniques involved in the safe operation and maintenance of the Zebra HC50 Handheld Computer System and Zebra ZQ610- HC Mobile Printer.

2.3 Responsibilities:

2.3.1 Service Provider/Contractor Responsibilities:

2.3.1.1 Hardware provisioning, software licensing, system interfacing, training and customer service support and annual maintenance.

2.3.1.2 Warranty on hardware is one year, unless specifically noted.

2.3.2 VA Responsibilities:

2.3.2.1 Management of in-house electronic medical records & laboratory information systems.

2.3.2.2 Interfaces: Excludes the cost of VistA interface integration, as this is the responsibility of the customer.

2.3.2.3 First year annual support: Due upon go-live and every anniversary of go-live.

2.3.2.4 Excludes the cost of the Application Server and Database, as these are the responsibility of the customer.

2.4 Product Specifications/Technical Descriptions:

2.4.1 Zebra HC50 Handheld Computer System

2.4.1.1 Core Specifications

2.4.1.1.1 Processor: Qualcomm 5430 hex-core, 2.1 Hz

2.4.1.1.2 Memory & Storage: 8 GB Ram / 128 GB UFS Flash (MicroSD slot supports up to 2TB) Product Length: 5.9 ft

2.4.1.1.3 Operating System: Android (Upgradeable)

2.4.1.1.4 Display: 6.0-inch Color FHD+ (1080 x 2160) with Corning

Gorilla Glass

2.4.1.2 Data Capture & Cameras

2.4.1.2.1 Barcode Scanner: Integrated SE4720 1D/@D imager with green LED aimer

2.4.1.2.2 Rear Camera: 16 MP with flash

2.4.1.2.3 Front Camera: 5 MP

2.4.1.3 Connectivity

2.4.1.3.1 Wireless LAN: Wi-Fi 6E (802.11a/b/g/n/ac/ax)

2.4.1.3.2 Wireless PAN: Bluetooth 5.2 with BLE (Bluetooth Low

Energy)

2.4.1.3.3 Other: NFC (ISO 14443 Type A/B), USB 3.1 (Type-C)

2.4.1.4 Physical & Durability

2.4.1.4.1 Dimensions: 6.5 in L x 3.0 in W x 0.49 in D (165 mm x 76.3 mm x 12.5 mm)

2.4.1.4.2 Weight: 242 g (8.5 oz)

2.4.1.4.3 Durability: IP68 and IP65 sealing for dustproofing and water resistance

2.4.1.4.4 Housing: Medical-grade plastics designed to handle frequent cleanings with harsh disinfectants

2.4.1.5 Power

2.4.1.5.1 Battery: Removable, rechargeable Li-Ion, 3800 mAh

2.4.1.5.2 Features: PowerPrecision for battery metrics, Fast Charging, and true hot-swap capability

2.4.2 ZQ610-HC Mobile Printer

2.4.2.1 Print Method: Direct Thermal

2.4.2.2 Print Width: Up to 1.9 inches/48 mm

2.4.2.3 Print Speed: Up to 4.5 inches (115 mm) per second

2.4.2.4 Resolution: 203 dpi (8 dots per mm)

2.4.2.5 Connectivity: Wi-Fi 6 (802.11ax) or 802.11ac + Bluetooth 5.3 or

4.x dual radio; USB 2.0, RS-232C, NFC

2.4.2.6 Memory: 512 MB Flash, 256 MB RAM

2.4.2.7 Battery: 3250 mAh (PowerPrecision+ Li-Ion) with instant wake-up feature

2.4.2.8 Durability: IP43-rated for dust and water (IP54 with soft case);

withstands multiple 5 ft (1.52 m) drops to concrete

2.4.2.9 Dimensions: 6.5" L x 3.5" W x 2.5" H

2.4.2.10 Weight: 1.33 lbs (0.6 kg) with battery

2.4.2.11 Programming Languages: CPCL, EPL, ZPL

3.0 Period of Performance/Schedule:

The POP for this contract shall be worked to be completed during normal business hours.

SECURITY REQUIREMENTS FOR UNCLASSIFED INFORMATION TECHNOLOGY

SECURITY RESOURCES

a. The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA polices as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configuration available from NIST’s Web site at:

http://checklists.nist.gov.

b. To ensure that appropriate security controls are in place, contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy Requirements for IT Contractors” located at the following site: http://www.iprm.oit.va.gov.

c. These provisions shall apply to all contracts in which VA sensitive information is stored, generated, transmitted, or exchanged by VA, a contractor, subcontractor or a third-party, or on behalf of any of these entities regardless of format or whether it resides on a VA system or contractor/subcontractor’s electronic information system(s) operating for or on the VA behalf.

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.

e. The contractor or subcontractor must notify the COR 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 COR must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

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 COR 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. In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to the Business Associate Standard. This requirement meets the exception and does not require a Business Associate agreement in order for Covered Entity to disclose Protected Healthcare Information to the contractor for treatment.

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. The records created in accordance with this contract belong to the VASNHS and should be returned to the VASNHS and/or destroyed in accordance with VHA RCS 10-1. Destruction should only occur with advance notice and guidance from the Records Management Officer at the VASNHS. Records shall be safeguarded in accordance with the Privacy Act, Health Insurance Portability and Accountability Act (HIPAA) and the VASNHS Release of Information Unit. Patient Medical information is considered privileged and shall not be disclosed or revealed in any way without prior written permission from the VA Chief, Health Information Management Section.

k. The Contractor shall only release medical information obtained during the course of this contract to those VA staff members involved in the necessary management and treatment of that individual patient. Patient list and name of patients are considered privileged information and shall not be disclosed or revealed in any way for use outside the Contractor without prior written permission from the referring VA Chief of Staff. Veterans requesting copies of medical information generated by the contractor will be referred to the VASNHS Release of Information Unit.

l. 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 VASNHS Release of Information Unit for response.

m. 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 VASNHS Release of Information Unit for response.

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

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

Ensure that a Contractor Security Control Assessment (CSCA) is completed within 30 days of contract approval and yearly on the renewal date of the contract.

Ensure that the CSCA is sent to the ISO and the OCS Certification Program Office for review to ensure that appropriate security controls are being implemented in service contracts.

Ensure a copy of the CSCA is maintained in the Security Management and Reporting Tool (SMART) database. COR will provide a copy of the completed CSCA to ISO for uploading into SMART database.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA):

Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The contractor agrees to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work-stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e., keys are available, and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system to system transmission.

That only the minimum necessary patient information is used to provide appropriate service to the correct patient.

That the undersigned understands that all parties are bound by the requirements of the “Health Insurance Portability and Accountability Act of 1996” which provide guidance on the protection of patient privacy and confidentiality. This Act mandates that all government agencies, and those bodies with whom they contract, must be in compliance with the directives of the Act.

SECURITY INCIDENT INVESTIGATION

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

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

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

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

LIQUIDATED DAMAGES FOR DATA BREACH

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

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

Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

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

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

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

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

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

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

(1) Notification;

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

(3) Data breach analysis;

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

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

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

SECURITY CONTROLS COMPLIANCE TESTING

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

TRAINING

Contractor/subcontractor employees requiring access to VA information shall complete privacy training annually as required for covered entities under the HIPAA.

The COR shall ensure employees complete training within 1 week of the initiation of the contract and annually thereafter, as required.

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

1. RECORDS MANAGEMENT LANGUAGE

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.

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.

In accordance with 36 CFR 1222.32, the 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.

The VA Southern Nevada Healthcare System (VASNHS) 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 VASNHS 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, the contractor must report to VASNHS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The contractor shall immediately notify the appropriate Contracting Officer (CO) 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 VASNHS 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 CO or address prescribed in the contract documents. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The contractor is required to obtain the CO'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 VASNHS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VASNHS policy.

The contractor shall not create or maintain any records containing any non-public VASNHS information that are not specifically tied to or authorized by the contract.

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 FOIA.

VASNHS 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 VASNHS 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.

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.

Flowdown of requirements to Subcontractors:

The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract document, and require written subcontractor acknowledgment of same.

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

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

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

and

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the…