NNG15SD27B 36C10B24F0322 Signed.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

573-24-2-6449-0031

NNG15SD27B

36C10B24F0322

AWARDED: See Blk31C

EFFECTIVE: 09-23-2024

36C10B24Q0499 8-23-2024

Dwight Henley 848-377-5133 08-28-2024

2:00P.M.

Department of Veterans Affairs

Office of Procurement, Acquisition, and Logistics

Technology Acquisition Center

23 Christopher Way

Eatontown NJ 07724

X

541519

N/A

See Section B.4 Performance Work Statement

Office of Procurement, Acquisition, and Logistics

Technology Acquisition Center

23 Christopher Way

4Y8H0

V3GATE, LLC

555 MIDDLE CREEK PARKWAY

UNIT 120

COLORADO SPRINGS, COLORADO 80921-3798

J4KHM5JY79E3

Financial Services Center

PO Box 149971

Austin, TX 78714-8971 http://www.fsc.va.gov/einvoice.asp

877-353-9791

See CONTINUATION Page

This Delivery Order is issued to provide Brand Name

IncludeHealth Virtual Physical Therapy Software as a Solution and System Stewardship.

See Continuation Page

$32,386.32

573-3640160-6449-820100-2324 0100RHA02

573-C42299

X X x 1

Michael Weckesser

A.2 CONTINUATION PAGE

This Delivery Order, 36C10B24F0322, is issued against NASA SEWP V GWAC Contract NNG15SD27B on a Firm-Fixed-Price (FFP) basis to support the effort entitled, “Virtual Physical Therapy Web-Based Application”.

Due to rounding issues in the calculation of the base period, and as agreed to by the contractor, the base period was downward adjusted by $2.48 to ensure calculations and proper invoicing could occur. The FFP value of this Delivery Order is now $64,775.12. The breakdown by period is as follows:

Base Period (Funded): $32,386.32

Option Period 1 (Unexercised): $32,388.80

The Period of Performance shall be as follows:

Base Period: September 23, 2024 through September 22, 2025

Option Period 1 (Unexercised): September 23, 2025 through September 22, 2026

The Contractor shall invoice Purchase Order 573-C42299 for the Base Period.

The Contracting Officers Representative (COR) for this effort is identified below, and a copy of Ms. Matheny’s COR letter will be furnished separately:

Elizabeth Matheny 352-264-3847 Elizabeth.Matheny@va.gov

NNG15SD27B 36C10B24F0322

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

A.2 CONTINUATION PAGE

SECTION B – CONTINUATION OF SF 1449 BLOCKS

B.1 GOVERNING LAW CLAUSE

B.2 SOFTWARE LICSENSE, SOFTWARE MAINTENANCE SOFTWARE TECHNICAL

SUPPORT

B.3 CONTRACT ADMINISTRATION DATA

B.4 PERFORMANCE WORK STATEMENT

B.5 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 NASA SEWP V GWAC RFQ INTRODUCTORY LANGUAGE

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

C.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

C.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 74

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.10 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION

TECHNOLOGY RESOURCES (FEB 2023)

C.13 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 INCLUDEHEALTH CORRECTIVE AND PREVENTIVE ACTION (CAPA)

D.2 INCLUDEHEALTH CUSTOMER SUPPORT

SECTION B – CONTINUATION OF SF 1449 BLOCKS

B.1 GOVERNING LAW CLAUSE

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C.

§ 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S.

Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.2 SOFTWARE LICSENSE, SOFTWARE MAINTENANCE SOFTWARE

TECHNICAL SUPPORT

(1). Definitions

a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order.

c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements, or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

(2) Software License

a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software.

b) The Government may use the software in a networked environment.

c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

d) All limitations of software usage are expressly stated in the Schedule of

Supplies/Services and the Performance Work Statement/Product Description.

(3) Software Maintenance and/or Technical Support

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services.

b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers to cause the software to perform according to its specifications, documentation or demonstrated claims.

c) Any telephone support provided by Contractor shall be at no additional cost.

d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the Performance Work Statement or Product Description. However, prolonged delay (exceeding two business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).

e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4) Disabling Software Code

The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out, or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

(5) Manuals and Publications

Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost.

B.3 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: V3Gate, LLC

555 Middle Creek Parkway Unit 120

Colorado Springs, CO 80921-3798

Zack Lewis, zlewis@v3gate.com

(786) 858-6826

b. GOVERNMENT: Contracting Officer 36C10B

Office of Procurement, Acquisition, and

Technology Acquisition Center

23 Christopher Way

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 Acceptance of Deliverables in B.4 Performance Work Statement

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.

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

N/A N/A

B.4 PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF VETERANS AFFAIRS

Office of Information & Technology Veterans Rural Health Resource Center

Virtual Physical Therapy Application

Date: 07/17/2024

VA-24-00049872

PWS Version Number: 2.9

1.0 BACKGROUND

The Veterans Rural Health Resource Center is looking to procure a web-browser enterprise subscription-based application that utilizes synchronous clinical video telehealth, store and forward, remote patient monitoring and mobile health patient education to enhance interaction and communication between physical therapist and Veteran patients. This is intended as a brand name purchase of IncludeHealth Virtual Physical Therapy (PT) as a logical follow on to an order already issued under a contract.

The intent of the Virtual Physical Therapy Application is to have the virtual physical therapy application lead the Veteran through their at-home physical therapy exercise regimen during/after their engagement with VA physical therapists. Currently, Veterans are given at-home therapeutic exercise programs in writing with periodic in-person follow-up. These at-home programs are typically as a result of long distances from the treatment center and/or availability of VA physical therapists to see the number of patients referred for on-going therapy, whether due to caseload, space, COVID, and/or other barriers. There is currently no mechanism to ensure proper execution of the at-home exercise regimen or compliance with the frequency/duration thereof. This technology solution is intended to streamline care delivery while harvesting objective, measurable data and creating actionable insights for improved health outcomes.

The Contractor shall provide a Commercial Off-The-Shelf (COTS) software solution.

The solution shall be configurable to fully support VA requirements. Solutions requiring development, customization, or modifications to make the software operational is not desired and will not be accepted. In addition, the solution shall not be integrated with any VA application or system (not including the required internet connection for access).

The Virtual Physical Therapy Application shall include monthly software subscriptions for not to exceed quantities of 20 Total Physical Therapist users and 600 Total Veteran patient users within the initial 12-month period of performance from Government acceptance of solution. VA intends to ramp up to these total software subscription quantities monthly over time.

2.0 APPLICABLE DOCUMENTS

In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:

1. 44 U.S.C. § 3541-3549, “Federal Information Security Management Act (FISMA) of 2002”

2. “Federal Information Security Modernization Act of 2014”

3. Federal Information Processing Standards (FIPS) Publication 140-2, “Security

Requirements for Cryptographic Modules”

4. FIPS Pub 199. “Standards for Security Categorization of Federal Information and

Information Systems,” February 2004

5. FIPS Pub 200, “Minimum Security Requirements for Federal Information and

Information Systems,” March 2006

6. FIPS Pub 201-2, “Personal Identity Verification of Federal Employees and

Contractors,” August 2013

7. 10 U.S.C. § 2224, "Defense Information Assurance Program"

8. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

9. Public Law 109-461, Veterans Benefits, Health Care, and Information

Technology Act of 2006, Title IX, Information Security Matters

10. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

11. VA Directive 0710, “Personnel Security and Suitability Program,” June 4, 2010, https://www.va.gov/vapubs/index.cfm

12. VA Handbook 0710, “Personnel Security and Suitability Program,” May 2, 2016, https://www.va.gov/vapubs/index.cfm

13. VA Directive and Handbook 6102, “Internet/Intranet Services,” August 5, 2019

14. 36 C.F.R. Part 1194 “Information and Communication Technology Standards and

Guidelines,” January 18, 2017

15. Office of Management and Budget (OMB) Circular A-130, “Managing Federal

Information as a Strategic Resource,” July 28, 2016

16. 32 C.F.R. Part 199, “Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS)”

17. NIST SP 800-66 Rev. 1, “An Introductory Resource Guide for Implementing the

Health Insurance Portability and Accountability Act (HIPAA) Security Rule,” October 2008

18. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended, January 18, 2017

19. Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004

20. VA Directive 6500, “VA Cybersecurity Program,” February 24, 2021

21. VA Handbook 6500, “Risk Management Framework for VA Information Systems

VA Information Security Program,” February 24, 2021

22. VA Handbook 6500.2, “Management of Breaches Involving Sensitive Personal

Information (SPI),” March 12, 2019

23. VA Handbook 6500.5, “Incorporating Security and Privacy into the System

Development Lifecycle,” March 22, 2010

24. VA Handbook 6500.6, “Contract Security,” March 12, 2010

25. VA Handbook 6500.8, “Information System Contingency Planning,” April 6, 2011

26. VA Handbook 6500.10, “Mobile Device Security Policy,” February 15, 2018

27. VA Handbook 6500.11, “VA Firewall Configuration,” August 22, 2017

28. OIT Process Asset Library (PAL), https://www.va.gov/process/ . Reference

Process Maps at https://www.va.gov/process/maps.asp and Artifact templates at https://www.va.gov/process/artifacts.asp

29. One-VA Technical Reference Model (TRM) (reference at https://www.va.gov/trm/TRMHomePage.aspx)

30. VA Directive 6508, “Implementation of Privacy Threshold Analysis and Privacy Impact Assessment,” October 15, 2014

31. VA Handbook 6508.1, “Procedures for Privacy Threshold Analysis and Privacy Impact Assessment,” July 30, 2015

32. VA Handbook 6510, “VA Identity and Access Management,” January 15, 2016

33. VA Directive and Handbook 6513, “Secure External Connections,” October 12,

34. VA Directive 6300, “Records and Information Management,” September 21, 2018

35. VA Handbook, 6300.1, “Records Management Procedures,“ March 24, 2010

36. NIST SP 800-37 Rev 2, “Risk Management Framework for Information Systems and Organizations: A System Life Cycle Approach for Security and Privacy,” December 2018

37. NIST SP 800-53 Rev. 5, “Security and Privacy Controls for Federal Information Systems and Organizations,” September 23, 2020 (includes updates as of 12/10/2020)

38. VA Directive 0735, “Homeland Security Presidential Directive 12 (HSPD-12) Program,” October 26, 2015

39. VA Handbook 0735, “Homeland Security Presidential Directive 12 (HSPD-12) Program,” March 24, 2014

40. OMB Memorandum 05-24, “Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors,” August 5, 2005

41. OMB Memorandum M-19-17, “Enabling Mission Delivery Through Improved Identity, Credential, and Access Management,” May 21, 2019

42. OMB Memorandum, “Guidance for Homeland Security Presidential Directive (HSPD) 12 Implementation,” May 23, 2008

43. Federal Identity, Credential, and Access Management (FICAM) Roadmap and Implementation Guidance, December 2, 2011, (NOTE: Part A of the FICAM Roadmap and Implementation Guidance, v2.0, was replaced in 2015 with an updated Architecture (https://arch.idmanagement.gov/#what-is-the-ficam-architecture)

44. NIST SP 800-116 Rev 1, “Guidelines for the Use of Personal Identity Verification (PIV) Credentials in Facility Access,“ June 2018

45. NIST SP 800-63-3, 800-63A, 800-63B, 800-63C, “Digital Identity Guidelines,” updated March 02, 2020

46. NIST SP 800-157, “Guidelines for Derived PIV Credentials,” December 2014

47. NIST SP 800-164, “Guidelines on Hardware-Rooted Security in Mobile Devices

(Draft),” October 2012

48. Draft National Institute of Standards and Technology Interagency Report

(NISTIR) 7981, “Mobile, PIV, and Authentication,” March 2014

49. VA Memorandum, VAIQ #7100147, “Continued Implementation of Homeland

Security Presidential Directive 12 (HSPD-12),” April 29, 2011 (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514)

50. IAM Identity Management Business Requirements Guidance document, May 2013, (reference Enterprise Architecture Section, PIV/IAM (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514)

51. VA Memorandum “Personal Identity Verification (PIV) Logical Access Policy Clarification,” July 17, 2019, https://www.voa.va.gov/DocumentView.aspx?DocumentID=4896

52. Trusted Internet Connections (TIC) 3.0 Core Guidance Documents, https://www.cisa.gov/publication/tic-30-core-guidance-documents

53. OMB Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative,” September 12, 2019

54. OMB Memorandum M-08-23, “Securing the Federal Government’s Domain Name System Infrastructure,” August 22, 2008

55. Sections 524 and 525 of the Energy Independence and Security Act of 2007, (Public Law 110–140), December 19, 2007

56. Section 104 of the Energy Policy Act of 2005, (Public Law 109–58), August 8,

57. Executive Order 13834, “Efficient Federal Operations,” dated May 17, 2018

58. Executive Order 13221, “Energy-Efficient Standby Power Devices,” August 2,

59. VA Directive 0058, “VA Green Purchasing Program,” July 19, 2013

60. VA Handbook 0058, “VA Green Purchasing Program,” July 19, 2013

61. Office of Information Security (OIS) VAIQ #7424808 Memorandum, “Remote

Access,” January 15, 2014, https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28

62. Clinger-Cohen Act of 1996, 40 U.S.C. §11101 and §11103

63. “Veteran Focused Integration Process (VIP) Guide 4.0,” January 2021, https://www.voa.va.gov/DocumentView.aspx?DocumentID=4371

64. VA Memorandum “Proper Use of Email and Other Messaging Services,” January 2, 2018, https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28

65. “DevSecOps Product Line Management Playbook” version 2.0, May 2021, https://www.voa.va.gov/DocumentView.aspx?DocumentID=4946

66. NIST SP 500-267B Revision 1, “USGv6 Profile,” November 2020

67. OMB Memorandum M-21-07, “Completing the Transition to Internet Protocol Version 6

(IPv6),” November 19, 2020

68. Social Security Number (SSN) Fraud Prevention Act of 2017

69. Section 240 of the Consolidated Appropriations Act (CAA) 2018, March 23, 2018

70. M-24-10-Advancing-Governance-Innovation-and-Risk-Management-for-Agency-Use-of-

Artificial-Intelligence.pdf (whitehouse.gov)

71. OMB sets ‘binding requirements’ for agencies to vet AI tools before using them

(federalnewsnetwork.com)

72. NIST AI 100-1 “Artificial Intelligence Risk Management Framework (AI RMF 1.0), January 2023

73. VA Enterprise Cloud Technical Reference Guide, Version 1.3 July 2018

3.0 SCOPE OF WORK

The Contractor shall provide a curated and personalized physical therapy solution that includes assistance by and at the direction of Physical Therapists with exercises, functional tests, patient report outcome measures, and Telehealth appointments as outlined in this Performance Work Statement (PWS). The application should be scalable to accommodate typical treatment based on frequency, duration, current and future solution demands as outlined in this Performance Work Statement.

This solution shall be hosted in the VAEC In Amazon AWS or Microsoft Azure environment and be fully functional no later than 12 months after receipt of Delivery Order. In the event that a VAEC cloud service provider (CSP) has not yet been selected by VA, the Contractor shall recommend a CSP for the solution.

The Contractor shall not be responsible for providing or acquiring cloud capacity or server hosting infrastructure for this contract. VA will furnish VAEC capacity as GFE.

4.0 PERFORMANCE DETAILS

4.1 PERFORMANCE PERIOD

The Period of Performance (PoP) shall be for a period of 12 months for the base period and an optional period of 12 months.

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO).

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

Under current definitions, four are set by date:

New Year's Day January 1 Juneteenth June 19 Independence Day July 4 Veterans Day November 11 Christmas Day December 25

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 are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November

4.2 PLACE OF PERFORMANCE

Tasks under this PWS shall be performed in VA facilities located in Gainesville VA Medical Center. Work may be performed at remote locations with prior concurrence from the Contracting Officer and Contracting Officer’s Representative (COR).

Tasks under this PWS shall be performed at VA Facilities. The Contractor will be notified of the office space and desk location at the VA Facility and the time of award. ward.

4.3 TRAVEL

Contractor travel within the local commuting area will not be reimbursed.

Travel outside of the local commuting area must be approved, through contract modification, by the Contracting Officer.

5.0 GENERAL REQUIREMENTS

The Contractor shall provide the following services:

5.1 PROJECT MANAGEMENT

5.1.1 CONTRACTOR PROJECT MANAGEMENT PLAN

The Contractor shall deliver a Contractor Project Management Plan (CPMP) that lays out the Contractor’s approach, timeline, tools to be used in execution of the contract, Management Team, and required resources. The CPMP should take the form of both a narrative and graphic format that displays the schedule, milestones, risks, and resource support. The CPMP shall also include how the Contractor shall coordinate and execute planned, routine, and ad hoc data collection reporting requests as identified within the PWS. The initial baseline CPMP shall be concurred upon and updated in accordance with Section B of the contract. The Contractor shall update and maintain the VA PM approved CPMP throughout the Period of Performance and all exercised options.

Deliverable:

A. Contractor Project Management Plan (CPMP)

5.1.2 REPORTING REQUIREMENTS

The Contractor shall provide the COR with a weekly Progress Report during the initial phase of solution milestones (until solutions is accepted and used by VA). The report shall include record all relevant activities as of the last day of the preceding week.

During the subsequent phase the Contractor shall then provide the COR with Monthly Progress Reports in electronic form in Microsoft Word and Project formats during the period, and shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including their plan and timeframe for resolving the issue. The Contractor shall monitor performance against the CPMP and report any deviations. In the event of any immediate/critical issues, the Contractor shall notify the VA PM, VA CS, and the VA CO.

A. Weekly Progress Report in Initial Phase.

B. Monthly Progress Reports after Initial Phase.

5.2 MSK-OS VIRTUAL PHYSICAL THERAPY SOLUTION

The Contractor shall provide brand name IncludeHealth Virtual Physical Therapy (PT) Application Commercial Off-The-Shelf (COTS) subscriptions. Specifically, the Contractor shall provide pro-rated monthly software subscriptions for not to exceed quantities of 20 Total Physical Therapist users and 600 Total Veteran patient users upon Government acceptance of solution. VA intends to ramp up to these total software subscription quantities monthly over time. The COTS software shall be hosted within the VA Enterprise Cloud.

Government acceptance will occur upon achievement of all security milestones noted in subsequent PWS sections. These licenses shall support a piloting effort of the application for use within VA at Gainesville, FL, Des Moines, IA, White River Junction, VT, Finger Lakes, NY and Augusta, GA.

VA functional requirements for this software include, but are not limited to:

1. Software being configurable/customizable to fully support local VA requirements.

2. The solution shall not be integrated with any VA application or system (not including the required internet connection for access).

3. The software shall be HIPAA compliant and ensure that all communication and interaction is encrypted end-to-end for security and privacy. Web-browser based and compatible on approved devices with a front facing camera, such as desktops, laptops, and/or tablets. The solution must function on MS Windows 10 operating systems and be compatible with MS Edge (Chromium based) web browser. Any client software required to be installed on VA computers, shall be approved in the VA’s Technical Reference Model (TRM). The software shall allow for secure messaging between clinician and patient via an interface with myHealtheVet and My VA Health. The contractor shall ensure that it coordinates with appropriate VA stakeholders to for all required interfaces and management controls in a timely fashion.

4. The solution measurement functionality shall be accurate enough to ensure the Veteran is performing the exercise correctly and range of motion improvements can be determined. The results shall be saved in a report, along with a video for the clinician to review to assess range of motion and progress of the patient.

5. The application shall have the capability to report this data back through the dashboard to the VA physical therapist and/or clinician for review and to adjust and/or make changes as necessary.

6. The software shall utilize artificial intelligence (AI) and machine learning to help with measuring the remote activity of a patient regarding their range of motion using the device camera, without use of external sensors (such as wearable sensors). The software shall also adhere to the AI Bill of Rights and the National Institute of Standards and Technology (NIST) AI Risk Management Framework standards published by OMB and agency guidelines.

The Application shall allow VA Clinicians to:

1. Have access to review data from a patient/user to support a team approach to healthcare delivery. Any provider involved in the care of the patient shall be able to be added, including nurses, pharmacists, caregivers, etc. if they have access to that facility or organization.

2. Perform Telehealth activities: The clinician will have the ability to perform synchronous one-on-one video conferencing with the patient to review and discuss patient progress as needed.

3. An outcomes-based dashboard that enables the VA Clinicians to quickly see an overview of the patients currently on caseload, to allow patients’ progress to be monitored by the clinician. This includes the ability to track treatment compliance, progress towards functional goals, and patient reported outcomes such as pain, range of motion, and improvement in health level.

4. Contains Patient education modules (to include exercises and associated educational information) available for clinicians to select and prescribe to the patient via the dashboard.

5. Capability for multiple clinicians having access to review data from a patient/user to support a team approach to healthcare delivery. Any provider involved in the care of the patient shall be able to be added, including nurses, pharmacists, caregivers, etc. if they have access to that facility or organization.

Deliverables:

A. Brand name Include Health Virtual Physical therapy (PT) subscriptions

5.3 TRAINING REQUIREMENTS

The Contractor shall provide virtual, instructor led, training to the Provider end user.

Training materials shall be provided for each type of end user (provider and Veteran), and shall consist of topical issues relevant to staff and end users of the solution respectively. At a minimum, topics to be covered during training shall include:

1. General Solution Information

2. Administration and Operation

3. Accessing the System

4. Data Operations using the solution.

5. Assigning access to facility staff

6. Completing relevant tasks

7. Documenting interventions

8. Tracking Trends

9. Generating various reports

The Contractor shall provide technical support to answer questions from Government staff and end-users and update Training Materials as needed for each training session.

Training materials shall be produced for each session and made available to staff and end-users. The contractor shall provide a training report on training provided, scope of the training provided, the format of training provided, and quality metrics of training provided within 3 days after training completion. The Contractor shall include this training as part of the subscription to the proposed solution.

1. Training Management Plan

2. Training Materials for each class/type of user (provider/Veteran)

3. Training Report

5.4 SUPPORT REQUIREMENTS

1. The Contractor shall provide maintenance support services, which includes

24x7x365 support. This maintenance agreement is for bug fixes as well as standard support services within 24 hours. The Contractor Help Desk support shall work directly with users virtually to address their issues with the solution.

2. The Contractor shall provide their Commercial Service Level Agreement as part of their proposal, for review by the Government. The Application shall be available at all times for use.

1. Support Management Plan.

2. Commercial Service Level Agreement

5.5 VAEC REQUIREMENTS

5.5.1 DEDICATED SYSTEM STEWARD

The Contractor shall provide a dedicated System Steward to support the completion Tasks in the following subparagraphs, inclusive of Authority to Operate (ATO) and VAEC activities noted below.

5.5.2 MIGRATION PLANNING

a. Develop, maintain, and execute the VAEC Migration Plan that defines the migration approach, processes and activities (prior to, during, and after), test strategy, setup and configuration procedure, data migration approach, inventory of IT assets, migration checklist, risk assessment, key dependencies, and schedule. In the event that a VAEC CSP has not yet been selected by VA, the Contractor shall recommend a CSP.

b. Develop and execute the VAEC Transition Plan, as part of the VAEC Migration Plan, that defines the approach and action plans to prepare VA stakeholders to receive and operate the solution. This includes improving stakeholder engagement, outreach, and communications.

c. Develop and update project’s VIP Deployment and Installation, Back-out, and Rollback Plan that describes the installation, back-out, and rollback approach, processes and activities, dependencies, and schedule. The plan shall also include the provisioning and installation procedures for VAEC resources.

d. Determine cloud capacity and workload requirements. VA shall review and approve cloud capacity requirements and provide the VAEC cloud capacity for the solution as GFE.

e. Assess input to VA to assess whether the current solution should be decommissioned.

A. VAEC Migration Plan

5.5.3 BUILD AND DEVELOPMENT

a. Support setup, configuration, and provisioning of the solution in the VAEC environments.

b. Work with VA to provide inputs for establishing VAEC capacity, accounts and privileges. This includes monitoring and tracking the creation, update, and deletion of application user (e.g., developer, systems administrator) accounts, and ensuring cloud capacity requirements are satisfied.

c. Develop necessary artifacts to obtain a VA Authority To Operate (ATO) for the solution and complete VA Assessment and Authorization (A&A) process. After ATO is achieved, the Contractor shall update and maintain the A&A documentation as required to ensure continued compliance. The Contractor shall monitor, track, and respond to Plan of Action and Milestones (POAM). The Contractor shall provide input to update the VAEC ATO, as needed.

d. Provide information and documentation to support operational and production readiness reviews and go-no-go decisions. The Contractor shall execute corrective actions to address gaps and provide all required data and prepare supporting documents/artifacts for the reviews.

A. ATO Documentation

5.5.4 IMPLEMENTATION

a. Implement the solution in the VAEC as defined in VIP Deployment and Installation, Back-out, and Rollback Plan, as well as the VAEC Migration Plan.

b. Migrate data from current environment to the VAEC. The Contractor shall validate that the data has been successfully migrated as defined in the VAEC Migration Plan.

c. Provide inputs and documentation for the Post-Implementation Review, within 5 days of migration completion, to review lessons learned and identify improvement opportunities.

d. Provide a Migration Summary Report that describes Implementation results, lessons learned, open issues, corrective action, and improvement opportunities.

A. Migration Summary Report

5.5.5 OPERATE AND MAINTAIN

a. Operate and maintain the solution hosted in the VAEC in accordance with the application and VAEC service level agreements (SLAs), and operate the solution in its current environment in parallel as applicable.

b. Utilize VAEC General Support Services (GSS) when available and applicable in order to minimize cloud services costs and optimize operations. The contractor shall use native tools and capabilities of the VAEC environment.

c. Provide for the backup and recovery of information stored by the solution to meet the application and VAEC SLA using native tools and capabilities of the VAEC environment.

5.5.6 MONITOR PERFORMANCE AND REPORTING

a. Provide a Quarterly Solution Performance Report that summarizes solution availability, usage, events and incidents, improvement opportunities, risks and issues, status, action plans, and planned and actual resolution timelines.

b. Review all usage of cloud computing services provided by VAEC. The Contractor shall submit and implement Quarterly Resource Utilization Optimization Plans on how to best optimize the environment to reduce the costs associated with resource utilization.

c. Provide a breakdown of all costs by solution, environment, and utilization. The Contractor shall report on utilization of each class of resource as a percentage of provisioned capacity in a Monthly Utilization Report. The Contractor shall, as part of its Monthly Utilization Report, include the total infrastructure expenditure and total number of request services for Cloud Resource Optimization.

Deliverables:

A. Quarterly Solution Performance Report B. Quarterly Resource Utilization Optimization Plan C. Monthly Utilization Report

6.0 GENERAL REQUIREMENTS

6.1 ENTERPRISE AND IT FRAMEWORK

6.1.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OIT Technical Reference Model (VA TRM). The VA TRM is one component within the overall Enterprise Architecture (EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the Standards Profile and Product List, serves as a technology roadmap and tool for supporting OIT. Architecture & Engineering Services (AES) has overall responsibility for the VA TRM.

6.1.2 FEDERAL IDENTITY, CREDENTIAL, AND ACCESS

MANAGEMENT (FICAM)

The Contractor shall ensure Commercial Off-The-Shelf (COTS) product(s), software configuration and customization, and/or new software are Personal Identity Verification (PIV) card-enabled by accepting HSPD-12 SSOe credentials using VA Enterprise Technical Architecture (ETA), https://www.ea.oit.va.gov/EAOIT/VA_EA/Enterprise_Technical_Architecture.asp, and VA Identity and Access Management (IAM) approved enterprise design and integration patterns, https://www.oit.va.gov/library/recurring/edp/index.cfm. The Contractor shall ensure all Contractor delivered applications and systems comply with the VA Identity, Credential, and Access Management policies and guidelines set forth in VA Handbook 6510 VA Identity and Access Management, VA Handbook 0735 Homeland Security Presidential Directive 12 (HSPD-12) Program, and align with the Federal Identity, Credential, and Access Management Roadmap and Implementation Guidance v2.0.

The Contractor shall ensure all Contractor delivered applications and systems provide user authentication services compliant with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-63-3, VA Handbook 6500 Appendix F, “VA System Security Controls”, and VA IAM enterprise requirements for direct, assertion based authentication, and/or trust based authentication, as determined by the design and integration patterns. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV card and/or Common Access Card (CAC), as determined by the business need.

The Contractor shall ensure all Contractor delivered applications and systems conform to the specific Identity and Access Management PIV requirements set forth in the Office of Management and Budget (OMB) Memoranda M-05-24, M-19-17, and NIST Federal

Information Processing Standard (FIPS) 201-2. OMB Memoranda M-05-24 and M-19- 17 can be found at:

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2005/m05-24.pdf, and https://www.whitehouse.gov/wp-content/uploads/2019/05/M-19-17.pdf respectively. Contractor delivered applications and systems shall be on the FIPS 201-2 Approved Product List (APL). If the Contractor delivered application and system is not on the APL, the Contractor shall be responsible for taking the application and system through the FIPS 201 Evaluation Program.

The Contractor shall ensure all Contractor delivered applications and systems support:

1. Automated provisioning and are able to use enterprise provisioning service.

2. Interfacing with VA’s Master Person Index (MPI) to provision identity attributes, if the solution relies on VA user identities. MPI is the authoritative source for VA user identity data.

3. The VA defined unique identity (Secure Identifier [SEC ID] / Integrated Control Number [ICN]).

4. Multiple authenticators for a given identity and authenticators at every Authenticator Assurance Level (AAL) appropriate for the solution.

5. Identity proofing for each Identity Assurance Level (IAL) appropriate for the solution.

6. Federation for each Federation Assurance Level (FAL) appropriate for the solution, if applicable.

7. Two-factor authentication (2FA) through an applicable design pattern as outlined in VA Enterprise Design Patterns.

8. A Security Assertion Markup Language (SAML) implementation if the solution relies on assertion-based authentication. Additional assertion implementations, besides the required SAML assertion, may be provided as long as they are compliant with NIST SP 800-63-3 guidelines.

9. Authentication/account binding based on trusted Hypertext Transfer Protocol (HTTP) headers if the solution relies on Trust based authentication.

10. Role Based Access Control.

11. Auditing and reporting capabilities.

12. Compliance with VIEWS 00155984, PIV Logical Access Policy Clarification https://www.voa.va.gov/DocumentView.aspx?DocumentID=4896.

The required Assurance Levels for this specific effort are Identity Assurance Level 3, Authenticator Assurance Level 3, and Federation Assurance Level 3.

6.1.3 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support Internet Protocol Version 6 (IPv6) based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). IPv6 technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices shall support native IPv6 and dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g. web, email, DNS, ISP services, etc.) shall support native IPv6 and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall communicate using native IPv6 and dual stack (IPv6 / IPv4) operations.

6.1.4 TRUSTED INTERNET CONNECTION (TIC)

The Contractor solution shall meet the requirements outlined in Office of Management and Budget Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative“ (https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf), VA Directive 6513 “Secure External Connections”, and shall comply with the TIC 3.0 Core Guidance Documents, including all Volumes and TIC Use Cases, found at the Cybersecurity & Infrastructure Security Agency (CISA) (https://www.cisa.gov/publication/tic-30-core-guidance-documents). Any deviations must be approved by the VA TIC 3.0 Working Group at vaoisesatic30team@va.gov.

6.1.5 STANDARD COMPUTER CONFIGURATION

The Contractor IT end user solution that is developed for use on standard VA computers shall be compatible with and be supported on the standard VA operating system, currently Windows 10 (64bit), Edge (Chromium based), and 365 Apps for enterprise. Applications delivered to VA and intended to be deployed to Windows 10 workstations shall be delivered as a signed .msi package with switches for silent and unattended installation and updates shall be delivered in signed .msp file formats for easy deployment using Microsoft Endpoint Configuration Manager (CM) VA’s current desktop application deployment tool. Signing of the software code shall be through a vendor provided certificate that is trusted by VA using a code signing authority such as Verizon/Cybertrust or Symantec/VeriSign.