C03 V797P2227D 36C25220F0339.pdf

06/22/2020

06/22/2020

FSS Contract Number: V797P2227D

Delivery Order Number: 36C25220F0339

Obligation Number: 695-A00064

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS:

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 FSS ORDER INTRODUCTORY LANGUAGE

C.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

C.3 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.4 VAAR 852.212-71 GRAY MARKET ITEMS (APR 2020)

C.5 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Obligation Number: 695-A00064

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

A. CONTRACTOR: DATEX OHMEDA, INC. (dba: GE HEALTHCARE) (Contractor’s Name)

3030 Ohmeda Drive (Address)

Madison, WI 53718-6704 (City-State-Zip)

Robert Reith / Product Sales Specialist (Point of Contact / Title)

414-588-3107 (Phone Number) robert.reith@med.ge.com (E-Mail Address)

12-950-1685 (DUNS Number)

22-3029570 (Federal Tax ID)

V797P2227D (FSS Contract Number)

B. GOVERNMENT: Thomas Chesak / Contracting Officer

Great Lakes Acquisition Center

115 S. 84th Street, Suite 101

Milwaukee, WI 53295

(414) 844-4813 thomas.chesak@va.gov

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

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.

3. INVOICES: Invoices shall be submitted in arrears in accordance with:

a. 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018).

b. UPON ACCEPTANCE OF ITEMS.

c. Reference PO IFCAP: 695-A00064 on all invoices to avoid delay in payment.

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018).

Obligation Number: 695-A00064

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE

FORMS OF SUBMISSION FOR PAYMENT REQUESTS

For assistance setting up e-Invoice, the below information is provided:

* Vendors must register online at http://www.tungsten-network.com/veteransaffairs/.

* Tungsten Network Setup Information: 1-866-340-4980.

* Tungsten Network email: VA.Registration@tungsten-network.com.

* FSC Vendor Support Section Contact: 1-877-353-9791.

* FSC Vendor Support Section email: vafsccshd@va.gov.

Vendors can inquire on the status of payments by accessing VIS at:

https://www.vis.fsc.va.gov/login.aspx?ReturnUrl=%2fDefault.aspx.

B.2 STATEMENT OF WORK

Basis of Award

This delivery order is being awarded as a sole sourced i/a/w: FAR Part 8.

Security & Privacy Control:

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 is 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.

http://www.tungsten-network.com/veteransaffairs/ mailto:VA.Registration@ mailto:vafsccshd@va.gov https://www.vis.fsc.va.gov/login.aspx?ReturnUrl=%2fDefault.aspx

Obligation Number: 695-A00064

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

Obligation Number: 695-A00064

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.

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 Impact

Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy

Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COTR 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

Obligation Number: 695-A00064

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;

(2) 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

(3) 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 10 days.

Obligation Number: 695-A00064

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 10 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 vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact

Assessment (PIA) must also be provided to the COTR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of

Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a

Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification

Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the

ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use

VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities.

Security deficiencies must be corrected within the timeframes approved by the government.

Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the

C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook

6500.3. This may require reviewing and updating all of the documentation (PIA, System Security

Obligation Number: 695-A00064

Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

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

f. VA prohibits the installation and use of personally-owned or contractor / subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal

(host-based or enclave based) firewall that is configured with a VA approved configuration.

Software must be kept current, including all critical updates and patches. Owners of approved

OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA

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

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

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

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

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

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

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact;

and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract.

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

Obligation Number: 695-A00064

6. SECURITY INCIDENT INVESTIGATION

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

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to

VA shall identify the information involved, the circumstances surrounding the incident

(including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor / subcontractor considers relevant.

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

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with

VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. 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;

Obligation Number: 695-A00064

(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 an amount sufficient, 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.

9. TRAINING

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

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

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

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

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

16, Information Technology Security Training Requirements.]

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

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. This User Agreement contains rights and authorizations regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the Department of Veterans Affairs (VA). This User

Agreement covers my access to all VA data whether electronic or hard copy ("Data"), VA information systems and resources ("Systems"), and VA sites ("Sites"). This User Agreement incorporates Rules of Behavior for using VA, and other information systems and resources under the contract.

For installation and/or on-site training (if applicable), contractor must be escorted and accompanied by VA staff always to ensure the VA sensitive information is protected.

If there are any questions related to privacy, please have a member of your staff contact the VA

Privacy Service at 202-461-6309. If there are any questions related to the information security, please have a member of your staff contact the Office of Cyber Security at 304-262-7733.

Terms of Warranty:

The Contractor warrants that the items will be free from defects from materials and workmanship under normal use for a period of not less than 12-months for equipment defined herein.

Contractor shall replace or repair equipment if necessary, to the satisfaction of the Government.

Contractor shall provide a copy of the written warranty upon acceptance of the equipment.

B.3 SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS:

(SF 1449, Continuation of Blocks 19 – 24)

Contractor shall provide the following, GE HEALTHCARE brand name only, items for the

Clement J. Zablocki VAMC in Milwaukee, WI.

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA $36,100.000000

Item Discount

$36,100.00

-$12,274.00

APEXPRO CH TELEMETRY RECEIVER - 4 CARD RECEIVER (16 PATIENTS).

LOCAL STOCK NUMBER: 2095033-001

0001AA

1.00 EA N/C $0.00

ENGLISH.

LOCAL STOCK NUMBER: 2095048-001

0001AB

US LABEL.

LOCAL STOCK NUMBER: 2044504-001

0001AC

600 MHZ RECEIVER SUBSYSTEM.

LOCAL STOCK NUMBER: 2095046-001

0001AD

4 ASSY APEXPRO QUAD RCVR.

LOCAL STOCK NUMBER: 2095047-004

0001AE

6 FT NORTH AMERICAN POWER CORD.

LOCAL STOCK NUMBER: 80274-006

0001AF

1.00 JB $722.000000

$722.00

-$722.00

INSTALLATION.

LOCAL STOCK NUMBER: 2083083-001

1.00 EA $6,300.000000

$6,300.00

-$2,142.00

TELEMETRY SERVER V4 ATO MODEL - CARESCAPE TELEMETRY SERVER -

CH.

LOCAL STOCK NUMBER: 2063702-001

0002AA

MP100R HARDWARE, V4.3.1 OPTION.

LOCAL STOCK NUMBER: 2063709-004

0002AB

CTS V4.3.1 ENGLISH CH.

LOCAL STOCK NUMBER: 2063710-083

0002AC

6 FT NORTH AMERICAN POWER CORD.

1.00 JB N/C $0.00

16.00 EA $1,100.000000

$17,600.00

-$5,984.00

APEXPRO FULL ARRHYTHMIA SOFTWARE OPTION.

LOCAL STOCK NUMBER: APEXPRO ARR OPT

16.00 EA $2,000.000000

$32,000.00

-$10,880.00

APEXPRO CH TRANSMITTER (608-614 MHZ)

LOCAL STOCK NUMBER: APRO-CH-US-ENG-AHA-4

16.00 EA $101.000000

$1,616.00

-$549.44

ECG LEADWIRE SET, 5-LEAD, GRABBER, AHA, 74 CM / 29 IN.

LOCAL STOCK NUMBER: 2106391-001

40.00 EA $1,400.000000

$56,000.00

-$19,040.00

USPO2 PULSE OXIMETRY CABLE FOR GE AOEXORO, APEXPRO CH,

CARESCAPE TELEMETRY T4 AND T14.

LOCAL STOCK NUMBER: 2062190-001

40.00 EA $260.000000

$10,400.00

-$3,536.00

SENSOR LNCS DC-1 ADULT REUSABLE EA.

LOCAL STOCK NUMBER: 2027258-001

1.00 JB $2,352.320000

$2,352.32

-$2,352.32

15.00 EA $10,354.000000

$155,310.00

-$41,933.70

CARESCAPE B450 MBA313 - CARESCAPE B450 V3.1.

LOCAL STOCK NUMBER: 2095800-001

0010AA

15.00 EA N/C $0.00

B450 FRAME WITHOUT WLAN.

LOCAL STOCK NUMBER: 2094541-002

0010AB

CARESCAPE B450 ESP V3.1 SOFTWARE

LOCAL STOCK NUMBER: 209545-001

0010AC

B450 NO RECORDER OPTION

LOCAL STOCK NUMBER: 2066522-001

0010AD

B450 V3.1 ENGLISH US LOCALIZATION.

LOCAL STOCK NUMBER: 2095076-016

0010AE

B450 ENGLISH US KEYBOARD SW SETTING

LOCAL STOCK NUMBER: 2068494-005

0010AF

B450 POWER FREQUENCY SETTING 60 HZ.

LOCAL STOCK NUMBER: 2068494-017

0010AG

BATTERY FLEX-3S2P 10.8 V 18650 LI-ION SMBUS (B450 COMPATIBLE).

LOCAL STOCK NUMBER: 2062895-001

0010AH

POWER CORD, USA/CANADA 8 FT ANGLE, GE PN 405535-007.

LOCAL STOCK NUMBER: 2066381-001

0010AJ

B450 4ICU - CRITICAL CARE BUNDLE.

LOCAL STOCK NUMBER: 206427-001

0010AK

B450 STANDARD CRITICAL CARE BUNDLE.

LOCAL STOCK NUMBER: 2095800-043

0010AL

CMBO - COMBO TELEMETRY ECG LICENSE.

LOCAL STOCK NUMBER: 2105824-017

PDM SUPPORT.

LOCAL STOCK NUMBER: 2105824-018

15.00 JB $207.080000

$3,106.20

-$838.67

15.00 EA $10,560.000000

$158,400.00

-$53,856.00

PATIENT DATA MODULE (PDM).

LOCAL STOCK NUMBER: 2042084-001

0013AA

MASIMO SPO2.

LOCAL STOCK NUMBER: 2041390-001

0013AB

ENGLISH.

LOCAL STOCK NUMBER: 2041390-003

0013AC

60 HZ.

LOCAL STOCK NUMBER: 2041575-002

0013AD

INVASIVE PRESSURES.

LOCAL STOCK NUMBER: 2041575-003

0013AE

BATTERY.

LOCAL STOCK NUMBER: 2041390-041

0013AF

NO BEDSIDE DOCK.

LOCAL STOCK NUMBER: 2041390-044

15.00 EA $257.000000

$3,855.00

-$1,310.70

MASIMO INTERCONNCT CABLE WITH LNCS CONNECTOR (PIN STYLE), 10 FT.

LOCAL STOCK NUMBER: 2027263-002

15.00 EA $260.000000

$3,900.00

-$1,326.00

SENSOR LNCS DC-1 ADULT REUSABLE EA.

LOCAL STOCK NUMBER: 2027258-001

30.00 EA $80.000000

$2,400.00

-$816.00

AIR HOSE, NIBP, DUAL TUBE SUBMIN, ADULT-PEDIATRIC 11.8 FT. (3.6 M).

LOCAL STOCK NUMBER: 2017008-001

15.00 EA $94.640000

$1,419.60

-$482.66

IBP CABLE, EDWARDS LS TRUWAVE, SINGLE, 3.6 M / 12 FT.

LOCAL STOCK NUMBER: 2104162-001

15.00 EA $420.000000

$6,300.00

-$2,142.00

ECG TRUNK CABLE, 12-LEAD, AHA, 3.6 M / 12 FT.

LOCAL STOCK NUMBER: 2106308-001

15.00 EA $119.000000

$1,785.00

-$606.90

ECG LEADWIRE SET, 5-LEAD, GRABBER, AHA, MIX 74 CM / 29 IN, 130 CM / 51

IN.

LOCAL STOCK NUMBER: 2106391-005

15.00 EA $102.000000

$1,530.00

-$520.20

ECG LEADWIRE SET, 5-LEAD V2-6, GRABBER, AHA, 74 CM / 29 IN.

LOCAL STOCK NUMBER: 2106393-003

15.00 JB $239.450000

$3,591.75

-$3,591.75

1.00 EA $61,750.000000

$61,750.00

-$16,672.50

CARESCAPE CENTRAL STATION V2 MAS 700 ATO MODEL - CSCS V2.X

DESKTOP.

LOCAL STOCK NUMBER: 2094314-001

0022AA

NEW - CSCS V2.1 SW WITH MAS700 DESKTOP HW.

LOCAL STOCK NUMBER: 2094311-005

0022AB

CSCS V2.1 ENGLISH US GOVERNMENT LOCALIZATION WITH EMANUALS.

LOCAL STOCK NUMBER: 2092690-47

0022AC

CSCS ENGLISH - US KEYBOARD WITH MOUSE.

LOCAL STOCK NUMBER: 2081739-004

0022AD

6 FT NORTH AMERICAN POWR CORD.

0022AE

16.00 EA N/C $0.00

BED VIEW LICENSE - 1 BED.

LOCAL STOCK NUMBER: 2092862-001

0022AF

DUAL DISPLAY LICENSE.

LOCAL STOCK NUMBER: 2092863-003

0022AG

MULTIKM LICENSE.

LOCAL STOCK NUMBER: 2092863-004

0022AH

PATIENT MANAGEMENT LICENSES.

LOCAL STOCK NUMBER: 2092863-001

0022AJ

ADT PICKLIST LICENSE.

LOCAL STOCK NUMBER: 2092863-002

0022AK

REVIEW LICENSES.

LOCAL STOCK NUMBER: 2092864-001

0022AL

FD PAGE AND REALTIME TRENDS LICENSES.

LOCAL STOCK NUMBER: 2092864-002

0022AM

OXYCRG LICENSE.

LOCAL STOCK NUMBER: 2092864-007

0022AN

PDF TO EMR LICENSE.

LOCAL STOCK NUMBER: 2092864-008

0022AP

16.00 EA N/C $0.00

CSCS 72 HR FD LICENSE.

LOCAL STOCK NUMBER: 2095336-003

1.00 EA $2,150.000000

$2,150.00

-$580.50

PRN 50-M+ 2 IN STRIP PRINTER.

LOCAL STOCK NUMBER: 2063806-013

1.00 EA $191.000000

$191.00

-$51.57

CSCS V2 STRIP PRINTER ACCESSORY KIT.

LOCAL STOCK NUMBER: 2100519-001

1.00 JB $1,278.000000

$1,278.00

-$1,278.00

12.00 EA $1,100.000000

$13,200.00

-$4,488.00

APEXPRO FULL ARRHYTHMIA SOFTWARE OPTION - TELEMETRY

ACCESSORIES AND SERVICES.

LOCAL STOCK NUMBER: APEXPRO ARR OPT

12.00 EA $2,000.000000

$24,000.00

-$8,160.00

APEXPRO CH TRANSMITTER (608-614 MHZ).

LOCAL STOCK NUMBER: APRO-CH-US-ENG-AHA-4

3.00 EA $6,640.000000

$19,920.00

-$6,772.80

QUAD APEXPRO CH RECEIVER (600 MHZ) EXPANSION CARD.

LOCAL STOCK NUMBER: 2095681-001

12.00 EA $101.000000

$1,212.00

-$412.08

ECG LEADWIRE SET, 5-LEAD, GRABBER, AHA, 74 CM / 29 IN.

LOCAL STOCK NUMBER: 2106391-001

1.00 JB $6,625.000000 $6,625.00

APEXPRO CH WITH EA TECHNICAL SERVICE TRAINING.

LOCAL STOCK NUMBER: 2020786-394

1.00 JB $1,166.640000

$1,166.64

-$1,166.64

8.00 JB $2,500.000000

$20,000.00

$10,000.00

PATIENT MONITORING CLINICAL APPLICATIONS TRAINING.

ON-SITE B850 / B650 / B450 / B40 / VC150 SUPPORT - 1 DAY TRAINING AND/OR

GO LIVE SUPPORT.

CONFIGURATION AND EDUCATION SERVICES.

LOCAL STOCK NUMBER: 2016373-349

0032AA

8.00 JB N/C $0.00

CLINICAL TRAINING PROMOTION - PURCHASE 8 DAYS RECEIVE 50% DISCOUNT.

LOCAL STOCK NUMBER: PROMO-087

1.00 EA $2,850.000000 $2,850.00

22 IN MEDICAL GRADE WIDSCREEN LCD DISPLAY WITH TOUCH - CSCS TOUCH

SCREEN.

LOCAL STOCK NUMBER: 2092930-001

1.00 EA $6,510.000000 $6,510.00

BA SERVER KIT - CARSCAPE GATEWAY PLUS.

LOCAL STOCK NUMBER: OEM-BERN-470413

1.00 EA $11,667.000000 $11,667.00

CSG TO UPGRADE - CARSCAPE NETWORK LICENSE: 201+ BEDS.

LOCAL STOCK NUMBER: OEM-BERN-470134U

1.00 EA $2,000.000000 $2,000.00

BA DEC HL7 OUTBOUND FEED - PER SITE.

LOCAL STOCK NUMBER: OEM-BERN-470125

BA WCM HL7 OUTBOUND FEED - PER SITE.

LOCAL STOCK NUMBER: OEM-BERN-470126

BA ACM HL7 OUTBOUND FEED - PER SITE.

LOCAL STOCK NUMBER: OEM-BERN-470127

A POST-WARRANTY SERVICE CONTRACT IS SRONGLY RECOMMENDED TO

ENABLE PROPR SUPPORT AND MAINTENANCE OF CARESCAPE CONNECT AND

IS INCLUDED SEPARATLY. PRICE OF COVERAGE VARIES BASED ON SYSTEM

SIZE, OPTIONS INSTALLED AND DESIRED LEVEL OF SUPPORT.

LOCAL STOCK NUMBER: PROGRAM-013

1.00 EA $58,793.000000

$58,793.00

$15,874.11

CARESCAPE GATEWAY ATO MODEL.

LOCAL STOCK NUMBER: 2058580-002

0040AA

CARESCAPE CONNECT SERVER CORE - UPGRADE FROM CSG 1.X - 512 BEDS - SERIAL NUMBER OF

EXISTING CSG SERVER REQUIRED.

LOCAL STOCK NUMBER: 2058580-039

1.00 JB $4,500.000000 $4,500.00

NETWORK INTEGRATION BETWEEN IX AND HOSPITAL NETWORK USING

INTEGRATED SERVICES ROUTER (ISR).

LOCAL STOCK NUMBER: NETWORKING-INT-B-ISR

HARDWARE UPGRADE. TO RECEIVE UPGRADE DISCOUNTED PRICING,

RETURN OF EXISTING HARDWARE WITHIN 0 DAYS OF INSTALLATION IS

REQUIRED.

LOCAL STOCK NUMBER: 2038769-001

1.00 JB $1,659.400000

$1,659.40

-$1,659.40

TOTAL AMOUNT: $516,139.96

B.4 DELIVERY SCHEDULE

ITEM NUMBER

DELIVERY

DATE

ALL

ITEMS

SHIP TO: Department of Veterans Affairs

Clement J. Zablocki VAMC

5000 West National Avenue, Building 111

Milwaukee, WI 53295 1000

USA

70-days ARO

MARK

FOR:

VanPietersom, Tiffany

414-384-2000 ext. 41377 tiffany.pietersom@va.gov

SECTION C - CONTRACT CLAUSES

C.1 FSS ORDER INTRODUCTORY LANGUAGE

The terms and conditions of the contractor's FSS contract (including any contract modifications) apply to all task or delivery orders issued under the contract. When a lower price has been established, or when the delivery terms, FOB terms, or ordering requirements have been modified by the task/delivery order, those modified terms will apply to all purchases made pursuant to it and take precedence over the FSS contract. Any unique terms and conditions of an order issued under the contract that are not a part of the applicable FSS contract will govern. In the event of an inconsistency between the terms and conditions of a task/delivery order and the

Contractor's FSS terms, other than those identified above, the terms of the FSS contract will take precedence.

C.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of

2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete.

Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting

Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting

Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

http://www.sam.gov/

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the

Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on…