S02_36C24623Q0107.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

659-23-1-177-0013

36C24623Q0107 11-04-2022

David E. Smith, Contracting Officer 757-728-7156 11-25-2022

1200 EST

36C246

Department of Veterans Affairs

Network Contracting Office 6

100 Emancipation Drive

Hampton VA 23667

X 100

X

541690

$16.5 Million

N/A

WG (Bill) Hefner VA Medical Center

1601 Brenner Ave

Salisbury NC 28144

Network Contracting Office 6

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

See CONTINUATION Page

Prospective offerors shall submit an offer that conforms to all requirements of this solicitation. Please refer to the

Performance Work Statement, Schedule, Addendum to 52.212-1

Instructions to Offerors and Basis for award for additional details.

All questions submitted in response to this solicitation shall be submitted via email by no later than 1300 EST

11/15/2023 to David.Smith78@va.gov. The Government makes no assurance that questions received after the established date and time will be addressed. All answers in response to questions shall be published via solicitation amendment and no direct responses will be provided.

This requirement is 100% set-aside for SDVOSB contractors.

Period of Performance is 01/01/2023 to 09/30/2023 for Base period followed by four (4) one (1) YR options if exercised.

See CONTINUATION Page x 1

David E. Smith

Contracting Officer

36C24623Q0107

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

B.3 PERFORMANCE WORK STATEMENT (PWS)

B.4 SPECIAL CONTRACT REQUIREMENTS

SECTION C - CONTRACT CLAUSES

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

2021)

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

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEM (NOV 2021)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) ...33

C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

C9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2022) (JUL 2021)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

D.2 WAGE DETERMINATION

D.3 CONTRACTOR CERTIFICATION: Immigration and Nationality Act of 1952, As Amended

D.4 PAST PERFORMANCE SURVEY

D.5 VA CONTRACTOR RULES OF BEHAVIOR

D.6 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

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

1998)

E.4 SPECIFIC INSTRUCTIONS TO OFFERORS REGARDING REQUEST FOR QOUTE

(RFQ) PREPARATIONS AND SUBMISSION

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

SERVICES (NOV 2021)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Name: _______________ / Title: ____________________

Email: _______________ / Phone: ___________________

b. GOVERNMENT: David E. Smith / Contracting Officer

Network Contracting Office 6

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly in Arrears

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.

Department of Veterans Affairs

Financial Services Center

PO Box 149971

Austin, TX 78714-9971

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

AMENDMENT NO DATE

B.2 PRICE SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION

OF SERVICES QTY UNIT UNIT PRICE AMOUNT

9.0

MO

Contractor Shall be responsible for providing Medical Physicist

Inspection Services as identified in Attachment I Master Schedule to the Salisbury VAMC and its outlying areas, IAW the PWS.

Contract Period: Base

POP Begin: 01-01-2023

POP End: 09-30-2023

NAICS: 541690

PSC: J065

BASE TOTAL $

ITEM

NUMBER

DESCRIPTION OF

SERVICES QTY UNIT UNIT PRICE AMOUNT

1.0

YR

to the Salisbury VAMC and its outlying areas, IAW the PWS.

Contract Period: Option Year # 1

POP Begin: 10-01-2023

POP End: 09-30-2024

OY 1 TOTAL $

to the Salisbury VAMC and its outlying areas, IAW the PWS.

Contract Period: Option Year # 2

POP Begin: 10-01-2024

POP End: 09-30-2025

OY 2 TOTAL $

NUMBER

to the Salisbury VAMC and its outlying areas, IAW the PWS.

Contract Period: Option Year # 3

POP Begin: 10-01-2025

POP End: 09-30-2026

OY 3 TOTAL

DESCRIPTION OF

SERVICES QTY UNIT

UNIT

PRICE AMOUNT

to the Salisbury VAMC and its outlying areas, IAW the PWS.

Contract Period: Option Year # 4

POP Begin: 10-01-2026

POP End: 09-30-2027

OY 4 TOTAL

Base + Option

Grand Total

B.3 PERFORMANCE WORK STATEMENT (PWS)

Performance Work Statement (PWS)

Medical Physicist Inspection Services

1. Description of Services:

The Salisbury VAMC and its outlying areas are currently in need of a contract for Physicist

Inspection Services, for annual performance and quality control testing on all diagnostic x-ray equipment to include radiation safety testing, regulatory compliance testing and imaging performance of equipment. The service is needed on an annual basis. Services will need to be completed before March 30, 2023, in order for equipment to maintain certification and operable status.

1.1 Place of Performance will be as follow:

a. W. G. “Bill” Hefner Medical Center, 1601 Brenner Ave. Salisbury, NC 28144

b. South Charlotte Veterans Health Care Center, 3506 W Tyvola Rd, Charlotte, NC

28208

c. Charlotte VA Outpatient Clinic, 8601 University E Dr, Charlotte, NC 28213

d. Kernersville VA Health Care Center, 1695 Kernersville Medical Pkwy, Kernersville, NC 27284

1.2 Acronyms

CO Contracting Officer

CDR Contract Discrepancy

CS Contract Specialist

COR Contracting Officer Representative

CPARS Contractor Performance Assessment Rating

FAR Federal Acquisition Regulation

GP Government Property

PWS Performance Work Statement

RSO Radiation Safety Officer

TO Task Order

VAMC Veteran Affairs Medical Center

2. Tasks to be performed:

This will be a full-service firm fixed price contract, for a Certified Medical Physicist, performing controlled testing on all diagnostic x-ray equipment. Physicists must be current on all ACR & Joint Commission certification requirements. Services for annual performance and quality control testing on all diagnostic x-ray equipment to include radiation safety testing; regulatory compliance testing; and imaging performance of equipment. Annual inspections will be for imaging devices listed, in accordance with

American College of Radiology (ACR) & Joint Commission requirements. Additionally, the contractor will provide new equipment/ recertification’s support within 5 business days of the VA contacting the Contractor. Once inspections have been completed, the contractor, must provide biomed and the RSO with an electronic and hard copy of all reports. The report will include all measurements and results; that will be due within 15 days of all inspections. All annual equipment and lead apron services will be completed before March

30, 2023. All reports must be completed and returned no later than, April 15, 2023.

2.1 Contractor responsibilities are as follows: Contractor will provide a daily schedule in advance to ensure there will be no patient flow disruption during the inspection.

2.1.2 Contractor must check in with biomed at the beginning and end of each day.

2.1.3 Annual Fluoroscopy Inspection on lead aprons, lead gloves and thyroid collars. (365 total items).

2.1.4 2 Additional new equipment certifications (value at highest cost modality, Magnetic

Resonance Imaging (MRI).

2.1.5 1 Recertification for post equipment repair: Mammography

2.1.6 2 Recertification for post equipment repair: X-Ray

2.1.7 1 Recertification for post equipment repair: Computerized Tomography (CT).

2.1.8 The Contractor shall comply with the Federal/California OSHA Bloodborne

Pathogens Standard.

3. Security:Contractors providing any on-site support/services are REQUIRED to have an RepTrax account to conduct business on VA property. The contractor is to sign into

RepTrax in advance to obtain a visitor badge/access to the Salisbury VAMC, Charlotte

HHC, Charlotte CBOC and Kernersville HCC. If the FSE does not have a valid account, one must obtain one prior to performing onsite support. Contractors can register using https://www.sec3ure.com/login. RepTrax Kiosks are located at each facility.

3.1.1 Escort will be provided as required in sensitive work areas.

3.1.2 The Contractor's FSE's shall wear visible identification at-all-times while on the premises of the VAMC.

3.1.3 The Contractor shall park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

3.1.4 Smoking is prohibited inside any buildings at the VAMC.

3.1.5 Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

3.1.6 Violations of VA regulations may result in citation answerable in the United States

(Federal) District Court, not a local district, state, or municipal court.

https://www.sec3ure.com/login

4. OSHA REGULATION CONCERNING OCCUPATIONAL EXPOSURE TO

BLOODBORNE PATHOGENS:The Contractor shall comply with the

Federal/California OSHA Bloodborne Pathogens Standard. The Contractor shall:

a) Have methods by which all employees are educated as to risks associated with bloodborne pathogens.

b) Have policies and procedures which reduce the risk of employee exposure to bloodborne pathogens.

c) Have mechanisms for employee counseling and treatment following exposure to bloodborne pathogens.

d) Provide appropriate personal protective equipment/clothing such as gloves, gowns, masks, protective eyewear, mouth pieces for the employee during performance of the contract.

e) Ensure Contractors providing on-site support have a up to date tuberculosis with negative screening results and be able to provide documentation stating such to the

COR.

f) Ensure Contractors receive and can provide documentation showing an up-to-date annual influenza vaccination or wear a face mask throughout the influenza season.

5. Quality Assurance Surveillance Plan QASP

5.1 Quality Management/Quality Assurance Surveillance: Contractor performance will be monitored by the government using the standards as outlined in this Performance Work

Statement (PWS) and methods of surveillance detailed in the Quality Assurance

Surveillance Plan (QASP). The QASP shall be attached to the resultant contract and shall define the methods and frequency of surveillance conducted.

Below is a matrix table listing a summary of the performance objectives and performance thresholds required by the government in contractor performance

Measurable Terms

Performance Requirements Ref Output/Outcome

Key Personnel 2 95% See Full QASP in Section D

Qualifications of Key Personnel. 2 95% See Full QASP in Section D

Compliance American College of Radiology (ACR)

& Joint Commission requirements.

2 100% See Full QASP in Section D

Reports 2 100% See Full QASP in Section D

New equipment/recertification’s support 2 95% See Full QASP in Section D

Timelines of Services 2 95% See Full QASP in Section D

Maintains licensing, registration, and certification 2 95% See Full QASP in Section D

Security/ RepTrax 3 through

3.1.6

100% See Full QASP in Section D

6. Equipment to be Covered

*Contracts includes any radiology equipment located at the Salisbury VAMC, Charlotte HHC, Charlotte CBOC and Kernersville HCC that is not provided in the list/table.

EE# Serial Manufacturer Model Equipment Name Category Location Facility

52648 2646 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 1144-2 Salisbury

103586 400-631988 SIEMENS MEDICAL SYSTEMS ARTIS PHENO PHENO R/F SYSTEMS: ANGIO/INTERVENTIONAL 1030-5 Salisbury

61029 62564293 PHILIPS MEDICAL SYS EASYDIAGNOST ELEVA EASYDIAGNOST ELEVA R/F SYSTEMS: GENERAL-PURPOSE 2121-2 Salisbury

71860 400-509851 SIEMENS MEDICAL SYS/NUCLEAR ULTRASOUND AXIOM LUMINOS AGILE MAX X-RAY APPARATUS R/F SYSTEMS: GENERAL-PURPOSE 2127-2 Salisbury

83553 FBHXXX00212 GE HEALTHCARE OEC ELITE CFD C-ARM R/F UNITS: MOBILE 4126-2 Salisbury

58527 E2-4554 GE MEDICAL SYSTEMS OEC 9900 ELITE C-ARM VASMTS R/F UNITS: MOBILE 2A105-21 Salisbury

54957 20439 ZIEHM IMAGING VISION RFD MOBILE VASCULAR IMAGING C-ARM R/F UNITS: MOBILE 4055-2 Salisbury

83552 73607808 PHILIPS MEDICAL SYS DIGITAL DIAGNOST DIGITAL DIAGNOST RADIOGRAPHIC SYSTEMS: DIGITAL 2117-2 Salisbury

86387 73735568 PHILIPS MEDICAL SYS DIGITAL DIAGNOST DIGITAL DIAGNOST RADIOGRAPHIC SYSTEMS: DIGITAL 2A105B-21 Salisbury

61026 62554012 PHILIPS MEDICAL SYS DIGITAL DIAGNOST Digital Diagnost RADIOGRAPHIC SYSTEMS: DIGITAL 2131-2 Salisbury

61028 81004154740 HOLOGIC SELENIA DIMENSIONS 3D MAMMO MACHINE RADIOGRAPHIC SYSTEMS: DIGITAL: MAMMO 2078-2 Salisbury

75262 SDM130800101 HOLOGIC SELENIA DIMENSIONS 3D MAMMOGRAPHY TOMOSYNTHESIS RADIOGRAPHIC SYSTEMS: DIGITAL: MAMMO 2075-2 Salisbury

40152 6351 SIRONA HELIODENT PLUS XRAY MACHINE RADIOGRAPHIC UNITS: DENTAL 1147A-2 Salisbury

80121 52090 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 1153-2 Salisbury

80122 52093 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 1154-2 Salisbury

80123 52094 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 1149B-2 Salisbury

80124 52271 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 1139-2 Salisbury

45388 XB-130206-10 ARIBEX NOMAD PRO HANDHELD X-RAY MACHINE RADIOGRAPHIC UNITS: DENTAL 1144-2 Salisbury

103293 SBY-DRSAM1 SAMSUNG GM85 Mobile X-Ray RADIOGRAPHIC UNITS: MOBILE 2119-2 Salisbury

103294 SBY-DRSAM2 SAMSUNG GM85 Mobile X-Ray RADIOGRAPHIC UNITS: MOBILE 2119-2 Salisbury

103295 SBY-DRSAM3 SAMSUNG GM85 Mobile X-Ray RADIOGRAPHIC UNITS: MOBILE 2119-2 Salisbury

45395 G60631 VIRTUAL IMAGING RADPRO 40KW WIRELESS DIGITAL PORTABLE X-RAY MACHINE RADIOGRAPHIC UNITS: MOBILE 1058-2 Salisbury

59694 704638VA750 GE HEALTHCARE DISCOVERY CT750 HD CT SCANNER SCANNING SYSTEMS: CT 2132-2 Salisbury

76028 704638REVO GE HEALTHCARE REVOLUTION HD CT SCANNER SCANNING SYSTEMS: CT 2134-2 Salisbury

74527 500931 SIRONA ORTHOPHOS XG 3D READY PANARAMIC X-RAY UNIT SCANNING SYSTEMS: CT: CONE-BEAM: HEAD/NECK 1145-2 Salisbury

75427 630W22745 GE HEALTHCARE DISCOVERY NM 630 NUCLEAR CAMERA SCANNING SYSTEMS: GAMMA CAMERA 2107-2 Salisbury

86521 400-596315 SIEMENS MEDICAL SYSTEMS SYMBIA EVO nuclear camera SCANNING SYSTEMS: GAMMA CAMERA 2108-2 Salisbury

54955 62072011 PHILIPS MEDICAL SYS INGENIA 1.5T MRI MACHINE SCANNING SYSTEMS: MRI G028-2 Salisbury

35670 400-560269 SIEMENS MEDICAL SYSTEMS MAGNETOM AVANTO 1.5T MRI MACHINE SCANNING SYSTEMS: MRI G020J-2 Salisbury

69184 210692GA GE MEDICAL SYSTEMS LUNAR IDXA BONE DENSITOMETER DENSITOMETERS: BONE: X-RAY 1A27-301 Charlotte

84558 2693 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A28-301 Charlotte

84559 2709 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A34-301 Charlotte

84560 2705 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A35-301 Charlotte

84561 2695 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A36-301 Charlotte

84562 2701 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A37-301 Charlotte

84563 2703 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A29-301 Charlotte

84564 2707 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A27-301 Charlotte

84565 2710 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A24-301 Charlotte

84566 2696 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A11-301 Charlotte

84567 2708 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A09-301 Charlotte

84568 2677 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A08-301 Charlotte

84569 2706 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A26-301 Charlotte

84570 2697 SIRONA XIOS PLUS DENTAL XRAY WALL MODULE DETECTORS: X-RAY: DIGITAL RADIOGRAPHY 4A25-301 Charlotte

64232 62660507 PHILIPS MEDICAL SYS EASYDIAGNOST ELEVA X-RAY APPARATUS R/F SYSTEMS: GENERAL-PURPOSE 1A41-301 Charlotte

64233 62669337 PHILIPS MEDICAL SYS EASYDIAGNOST ELEVA X-RAY APPARATUS R/F SYSTEMS: GENERAL-PURPOSE 1A42-301 Charlotte

71069 266 PHILIPS MEDICAL SYS VERADIUS C-ARM R/F UNITS: MOBILE 5B20-301 Charlotte

71039 5J0751 ORTHOSCAN, INC. ORTHOSCAN 1000 FD FD PULSE MINI C-ARM R/F UNITS: MOBILE 5B02-301 Charlotte

67822 E2-5356 GE HEALTHCARE OEC 9900 ELITE C-ARM VASMTS R/F UNITS: MOBILE 5B01-301 Charlotte

64229 7043291A36 GE HEALTHCARE DISCOVERY XR650 X-RAY APPARATUS RADIOGRAPHIC SYSTEMS: DIGITAL 1A36-301 Charlotte

64230 7043291A33 GE MEDICAL SYSTEMS DISCOVERY XR650 X-RAY APPARATUS RADIOGRAPHIC SYSTEMS: DIGITAL 1A33-301 Charlotte

64231 7043291A32 GE MEDICAL SYSTEMS DISCOVERY XR650 X-RAY APPARATUS RADIOGRAPHIC SYSTEMS: DIGITAL 1A32-301 Charlotte

80094 SDM131500676 HOLOGIC SELENIA DIMENSIONS 3D MAMMOGRAPHY MACHINE RADIOGRAPHIC SYSTEMS: DIGITAL: MAMMO 1A17-301 Charlotte

71769 20514 ARIBEX NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

71770 20510 ARIBEX NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A34-301 Charlotte

71771 11128 ARIBEX NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

71772 20513 ARIBEX NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107417 1018551 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107418 1018557 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107419 1018537 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107420 1018514 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107421 1018515 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107422 1018600 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEMS RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107423 1018560 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEMS RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

107424 1018545 KAVO AMERICA NOMAD PRO 2 HANDHELD X-RAY SYSTEMS RADIOGRAPHIC UNITS: DENTAL 4A22-301 Charlotte

56294 1146 CARESTREAM HEALTH INC DRX-REVOLUTION MOBILE DIAGNOSTIC XRAY SYSTEM RADIOGRAPHIC UNITS: MOBILE 1A41-301 Charlotte

62340 704597OPT660 GE MEDICAL SYSTEMS OPTIMA CT 660 CT SCANNER SCANNING SYSTEMS: CT 1A24-301 Charlotte

62341 704597OPT6601 GE MEDICAL SYSTEMS OPTIMA CT 660 CT SCANNER SCANNING SYSTEMS: CT 1A24-301 Charlotte

72988 60004 SIEMENS MEDICAL SYS/NUCLEAR ULTRASOUND BIOGRAPH MCT-S 64 CT/PET SCANNING SYSTEMS: CT/PET 1B13-301 Charlotte

72214 CLTVA640 GE HEALTHCARE OPTIMA NM/CT 640 LOW DOSE SPECT/CT SYSTEM SCANNING SYSTEMS: CT/SPECT 1B37-301 Charlotte

64698 329657 SIRONA ORTHOPHOS XG 5 ORTHOPHOS XG SCANNING SYSTEMS: CT: CONE-BEAM: HEAD/NECK 4A30-301 Charlotte

62336 61237756 PHILIPS MEDICAL SYS INGENIA 1.5T MRI UNIT SCANNING SYSTEMS: MRI 1A67-301 Charlotte

62337 61237755 PHILIPS MEDICAL SYS INGENIA 1.5T MRI MACHINE SCANNING SYSTEMS: MRI 1A67-301 Charlotte

64847 ME+210670 GE MEDICAL SYSTEMS LUNAR IDXA LUNAR IDXA ADVANCE DENSITOMETERS: BONE: X-RAY 1909-202 Kernersville

71054 68870481 PHILIPS MEDICAL SYS ALLURACLARITY FD20 EP Lab R/F Systems: Angio/Interventional 3606-202 Kernersville

63303 65131842 PHILIPS MEDICAL SYS ALLURACLARITY FD20 XR CATH LAB R/F Systems: Angio/Interventional 3721-202 Kernersville

63381 62657257 PHILIPS MEDICAL SYS EASYDIAGNOST ELEVA X-RAY APPARATUS R/F SYSTEMS: GENERAL-PURPOSE 1945-202 Kernersville

63382 62670026 PHILIPS MEDICAL SYS EASYDIAGNOST ELEVA X-RAY APPARATUS R/F SYSTEMS: GENERAL-PURPOSE 1947-202 Kernersville

71178 5J0677 ORTHOSCAN, INC. ORTHOSCAN 1000 FD ORTHOSCAN FD PULSE C-ARM R/F UNITS: MOBILE 3410-202 Kernersville

70801 E205524 GE HEALTHCARE OEC 9900 ELITE C-ARM PTO MODEL R/F UNITS: MOBILE 3264-202 Kernersville

70219 11359 SIEMENS MEDICAL SYS CIOS ALPHA C-ARM R/F UNITS: MOBILE 3264-202 Kernersville

75187 E2XOOOX05524 GE HEALTHCARE OEC 9900 ELITE C-ARM R/F UNITS: MOBILE 3434-202 Kernersville

70220 1634 SIEMENS MEDICAL SYS C-ARM SI COMPLETE C-ARM SI R/F UNITS: MOBILE: COMPONENT 3434-202 Kernersville

77376 1371 DENSPLY D3559 XRAY MACHINE/WORKSTATION RADIOGRAPHIC SYSTEMS: COMPONENT 2605-202 Kernersville

63383 336564XR2 GE MEDICAL SYSTEMS DISCOVERY XR650 X-RAY APPARATUS RADIOGRAPHIC SYSTEMS: DIGITAL 1934-202 Kernersville

63384 336564XR1 GE MEDICAL SYSTEMS DISCOVERY XR650 X-RAY APPARATUS RADIOGRAPHIC SYSTEMS: DIGITAL 1937-202 Kernersville

80116 51965 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 2615-202 Kernersville

80117 51966 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 2618-202 Kernersville

80118 51973 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 2613-202 Kernersville

80119 51974 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 2609-202 Kernersville

80120 52089 SIRONA HELIODENT PLUS DENTAL X-RAY WALL UNIT RADIOGRAPHIC UNITS: DENTAL 2608-202 Kernersville

63328 20511 ASEPTICO NOMAD PRO 2 HANDHELD X RAY SYSTEMS RADIOGRAPHIC UNITS: DENTAL 2615-202 Kernersville

63329 20512 ASEPTICO NOMAD PRO 2 HANDHELD X RAY SYSTEMS RADIOGRAPHIC UNITS: DENTAL 2628-202 Kernersville

63330 20515 ASEPTICO NOMAD PRO 2 HANDHELD XRAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 2618-202 Kernersville

63331 20736 ASEPTICO NOMAD PRO 2 HANDHELD XRAY SYSTEM RADIOGRAPHIC UNITS: DENTAL 2613-202 Kernersville

61296 400-499915 SIEMENS MEDICAL SYS MOBILETT MIRA MAX WIRELESS DIGITAL PORTABLE X-RAY MACHINE RADIOGRAPHIC UNITS: MOBILE 1980-202 Kernersville

62342 336564CT1 GE MEDICAL SYSTEMS OPTIMA CT 660 CT SCANNING MACHINE SCANNING SYSTEMS: CT 1964-202 Kernersville

85692 336515EVO GE HEALTHCARE REVOLUTION EVO CT SCANNER SCANNING SYSTEMS: CT 1966-202 Kernersville

78611 KERNVA640 GE HEALTHCARE OPTIMA NM/CT 640 NUCMED IMAGING SYSTEMS SCANNING SYSTEMS: CT/SPECT 3737-202 Kernersville

85693 400-600753 SIEMENS MEDICAL SYS SYMBIA INTEVO 2 NUCMED IMIAGINE SYSTEMS SCANNING SYSTEMS: CT/SPECT 3745-202 Kernersville

68543 329706 SIRONA ORTHOPHOS XG 5 ORTHOPHOS XG SCANNING SYSTEMS: CT: CONE-BEAM: HEAD/NECK G307-202 Kernersville

62338 61238000 PHILIPS MEDICAL SYS INGENIA 1.5T MRI MACHINE SCANNING SYSTEMS: MRI 1982-202 Kernersville

62339 61237995 PHILIPS MEDICAL SYS INGENIA 1.5T MRI MACHINE SCANNING SYSTEMS: MRI 1981-202 Kernersville

B.4 SPECIAL CONTRACT REQUIREMENTS

a. BILLING AND PAYMENT:

Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-489-

6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During

Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the

VA- FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-

FSC requires specific information in compliance with the Prompt Pay Act and Business

Requirements. For additional information, please contact:

Tungsten Support

Phone: 1-877-489-6135

Website: http://www.tungsten-network.com/uk/en/

Department of Veterans Affairs Financial Service Center

Phone: 1-877-353-9791 Email: vafscched@va.gov

Invoices shall be submitted quarterly in arrears. The following information must be included on all submitted invoices. Invoices submitted without the following information may be rejected for payment. Invoices shall include at a minimum:

Contract Number Obligation/Purchase Order Number

Invoice Number Line item number

Date of Service

b. RECORDS REQUIREMENTS:

Citations to pertinent laws, codes, and regulations such as 44 U.S.C Chapter 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and

Part 1228.

Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the

Freedom of Information Act.

http://www.tungsten-network.com/uk/en/ mailto:vafscched@va.gov

Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

The Government Agency owns the rights to all data/records produced as part of this contract.

The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974.

These policies include the preservation of all records created or received regardless of format

[paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

No disposition of documents will be allowed without the prior written consent of the Contracting

Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract.

The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

c. KEY PERSONNEL:

Key personnel will be identified in the offer and shall be considered key personnel essential for the successful completion of the work performed under the contract. The contractor agrees that such personnel shall not be removed, diverted, or replaced from the work without prior written approval of the Contracting Officer. The contractor shall submit written notice of proposed personnel changes to the Contracting Officer for approval at least thirty (30) business days in advance.

d. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY:

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.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

• 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.

• All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook

0710, Personnel Suitability and Security Program. The Office for Operations, Security, and

Preparedness is responsible for these policies and procedures.

• 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.

• 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.

• 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.

5. VA INFORMATION CUSTODIAL LANGUAGE

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).

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 follow VA directive requirements.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information, and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS

199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information

Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with

Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration

(FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

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

"program files" directory and silently install and uninstall.

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

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST

Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal

Information Systems, VA Handbook 6500, Information Security Program and VA Handbook

6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records

Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

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

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

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

(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 30 days.

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

7. 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 COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

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

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

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

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

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

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

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

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

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

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

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

Plan, 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 COR.