GE Imaging SOW.docx

STATEMENT OF WORK

Title: Annual Maintenance Agreement for GE Precision Healthcare LLC

BACKGROUND

The Central Arkansas Veteran Healthcare System (CAVHS) requires annual maintenance service for critical Radiology equipment. It shall be in accordance with the tasks and deliverables as described in this Statement of Work (SOW). The Contractor shall complete all system maintenances with clear communication and preparation.

SCOPE OF WORK

The contractor shall provide all labor, travel expenses, tools, equipment inspection, personnel, service/maintenance, and parts required for the GE MR 1.5T Signa Artist, GE MR Magnet/Cryogen, GE CT Optima CT660 (128 slice), GE CT Optima CT660 (64 slice), and Riello Uninterruptable Power Supply (UPS). Task & Deliverables will include service/maintenance and equipment inspection. Serial Numbers for each device are located below. By obtaining this agreement, Central Arkansas Veterans Healthcare System will have a fully supported imaging system with proprietary software in allowing them to provide the best care to veterans with minimal interruptions in service. Communications between the primary point of contact (POC) and the contracting officer representative (COR) is required for effective maintenance. All activities related to this contract shall be in the best interest of the veterans served and coordination of all activities shall be planned accordingly.

A. GE MR 1.5T Signa Artist

i. S/N: 501661VA450

ii. Asset #: 1082835

iii. AEMS#: 102082

iv. Model: OPTIMA MR450W 1.5T

v. Maintenance: Yes

vi. Software and Quality Updates: Yes B. GE MR Magnet/Cryogen

i. S/N: 501661VA450C

ii. Maintenance: Yes C. GE CT Optima CT660 (128 slice)

i. S/N: 501257CT32

ii. Asset #: 1192168

iii. AEMS#: 100649

iv. Model: OPTIMA CT 660

v. Maintenance: Yes

vi. Software and Quality Updates: Yes D. GE CT Optima CT660 (64 slice)

i. S/N: 501257CT64

ii. Asset #: 1143544

iii. AEMS#: 1002534

iv. Model: OPTIMA CT 660

v. Maintenance: Yes

vi. Software and Quality Updates: Yes

E. Riello Uninterruptable Power Supply (UPS)

i. S/N: AR29AP814310011

ii. Asset #: 3452320

iii. AEMS#: 3452320

iv. Model: MHT 160 UL MBY TCE

v. Maintenance: Yes Performance Period The period of performance (POP) shall be for a base year and four (4) one (1) year options peroids:

Normal hours of work are defined as Monday through Friday from 8:00am to 7:00pm CST, excluding Federal holidays or as otherwise arranged with the COR.

There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, five (5) are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six (6) are set by a day of the week and month:

PLACE OF PERFORMANCE

Tasks under this SOW shall be performed on-site in CAVHS. The work will be performed on the equipment at the following location:

4.1. CAVHS Little Rock Division, 4300 West 7th Street, Little Rock AR 72205

Conformance Standards The contractor shall ensure that the equipment functions in conformance with the latest edition of the Original Equipment Manufacturer (OEM) Service Manual.

Type of Contract Firm Fixed Price Contract.

Privacy/Security A. General GE Precision Healthcare personnel shall be subjected to the same federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

B. Access to VA Information and VA Systems

1) GE Precision Healthcare personnel shall request logical (technical) or physical access to VA information and VA information systems for their subcontractors, employees, and affiliates. This is only to the extent necessary to perform the services specified in the contract, agreement, or task order.

2) GE Precision Healthcare personnel who will be involved with VA information are subject to the same investigative requirements as those of VA employees/appointees 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. Responsible for these policies/procedures are the Office for Operations, Security, and Preparedness.

3) GE Precision Healthcare personnel must have valid security clearance which requires access to national security programs. 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.

4) 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, GE Precision Healthcare personnel 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.

5) GE Precision Healthcare personnel 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.

C. VA Information Custodial Language

1) The information made available to the GE Precision Healthcare personnel by VA for the performance or administration of this contract or information developed by GE 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 FAR 52.227-14(d) (1).

2) VA information should not be co-mingled, if possible, with any other data on the contractors 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 GE Precision Healthcare 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.

3) Prior to termination or completion of this contract, GE Precision Healthcare 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 the 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.

4) GE Precision Healthcare personnel 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.

5) GE Precision Healthcare personnel 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, it 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.

6) 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 cause under Federal Acquisition Regulation (FAR) part 12.

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

8) GE Precision Healthcare 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.

9) GE Precision Healthcare’s fire wall and Web security controls, if applicable, shall meet or exceed VA’s minimum requirements. Va configuration guidelines are available upon request.

10) Except for uses and disclosures of VA information authorized by this contract for performance of the contract, GE Precision Healthcare 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. GE Precision Healthcare must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

11) 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 GE Precision Healthcare is in receipt of a court order or other requests for the above mentioned information, they shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

D. Security Incident Investigation

1) 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. GE Precision Healthcare 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.

2) To the extent known by the contractor/subcontractor, GE Precision Healthcare’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.

3) 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.

4) In instances of theft or break-in or other criminal activity, GE Precision Healthcare 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.

E. Liquidated damages for Data Breach

1) Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, GE Precision Healthcare 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.

2) The GE Precision Healthcare 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.

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

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

b) Description of the event, including:

(1) date of occurrence;

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

c) Number of individuals affected or potentially affected;

d) Names of individuals or groups affected or potentially affected;

e) 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;

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

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

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

i) Assessment of the potential harm to the affected individuals;

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

k) 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.

4) 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:

a) Notification;

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

c) Data breach analysis;

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

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

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

g)

F. Training

1) 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:

a) 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;

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

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

d) 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.]

2) The contractor shall provide to the contracting officer and/or the COR 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.

3) 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.

Records Management Obligations A. Applicability GE Precision Healthcare personnel shall be subjected to the same federal laws, or otherwise handle federal records, as defined in section B, regardless of the medium in which the record exits.

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

The term Federal record:

a) includes [Agency] records.

b) does not include personal materials.

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

d) may include deliverables and documentation associated with deliverables.

C. Requirements

1) GE Precision Healthcare shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2) In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3) In accordance with 36 CFR 1222.32, GE Precision Healthcare shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4) [Agency] 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 [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5) GE Precision Healthcare shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. 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 [Agency] control or GE Precision Healthcare must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6) GE Precision Healthcare is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7) GE Precision Healthcare shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

8) GE Precision Healthcare shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

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

10) The [Agency] 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 [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11) All GE Precision Healthcare employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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

D. Flowdown of requirements to subcontractors

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

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