S02 36C24824Q1332.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

36C24824Q1332 07-25-2024

Robert R. Edwards 407-646-4012 08-09-2024

15:00 EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

X 100

X

334310

750 Employees

N/A

X

Department of Veterans Affairs Orlando VA Healthcare System 13800 Veterans Way

Orlando Fl 32827

36C248

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

Solicitation for Commercial Grade HD LED Video Wall for the Orlando VA Healthcare System, Lake Nona Campus. Orlando FL.

See section B.2 to quote.

See section C.10 for delivery information.

See Section D. attachments for further details.

See section E.3 for Site Visit information.

Construction Wage Rate Requirement WD # FL20240218 applies.

Prior to submitting questions and quotes, refer to section E.3 52.212-1 and E.4 52.212-2. It is the contractor's responsibility to read the solicitation in its entirety.

X X

X 1

36C24824Q1332

Table of Contents

SECTION A

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

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

C.3 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

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

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.7 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.11 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer: Stephen D. Mancuso, stephen.mancuso@va.gov Contract Specialist: Robert R. Edwards, robert.edwards2@va.gov

Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Orlando VA Healthcare System 13800 Veterans Way Orlando FL 32827

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] Inspected, and Received by the VA.

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 P.O. Box 149971 Austin TX 78714-9971 http://www.tungsten-network.com/US/en/veterans-affairs/

5. FSC MANDATORY ELECTRONIC INVOICE SUBMISSION INSTRUCTIONS: Contractors are required to submit payment requests in electronic form in accordance with the submission instructions below.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

a. Vendor Electronic Invoice Submission Methods:

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) mailto:stephen.mancuso@va.gov mailto:robert.edwards2@va.gov http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/

b. Vendor e-invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below.

1. Tungsten e-Invoice Setup Information: 1-877-489-6135

2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

3. FSC e-Invoice Contact Information: 1-877-353-9791

4. FSC e-invoice email: vafsccshd@va.gov

See https://www.fsc.va.gov/einvoice.asp for more information.

6. CONTRACT MODIFICATIONS: The Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and after advice and consultation with the point of contact has the authority to make changes that will affect. contract prices, quantity, quality, delivery terms and conditions, or the term of the contract. In no event shall any understanding or agreement, modification, change order, or other matters in deviation from the terms of this contract between Contractor and a person other than the Contracting Officer be effective or binding upon the Government. All such actions shall be formalized by the proper contractual document executed by the Contracting Office.

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

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Commercial Grade HD LED Video Wall for the Orlando VA Medical Center (OVAMC)

Main Campus, building 1, Clinic Lobby 1E101. As per the guidelines set forth in the Statement of Work (SOW).

PRINCIPAL NAICS CODE: 334310 - Audio and Video Equipment Manufacturing PRODUCT/SERVICE CODE: 9905 - Signs, Advertising Displays, and Identification Plates

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM NUMBER SHIPPING INFORMATION QUANTITY DELIVERY DATE

0001 SHIP TO: Department of Veterans Affairs Orlando VA Healthcare System 13800 Veterans Way Orlando, FL 32827

USA

As Shown in Section B.2.

180 Days ARO

B.4 STATEMENT OF WORK

Orlando VA Healthcare System (OVAHCS)

Commercial Grade HD LED Video Wall

1. Background:

1.1 The Department of Veterans Affairs at Orlando VA Medical Center (OVAMC) Main Campus, building 1, Clinic Lobby 1E101 requires a commercial-grade high-definition (HD) LED video wall connected to the current digital signage platform. The video wall shall be installed at the far end of the main lobby to display information relevant to the medical facility.

1.2 This video wall will improve the overall aesthetics of the main entrance and provide a welcoming environment for veterans, patients, and facility visitors to OVAMC, 13800 Veterans Way Orlando, FL 32827.

1.3 See attachments D.2 to D8 in section D for specifications.

2. Scope of Work:

2.1 The contractor shall provide any and all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to install an HD LED video wall display as defined in this Statement of Work, except for those items specified as government-furnished property and services.

2.2 The contractor must be an authorized installer and complete the installation on-site.

2.3 The contractor shall provide warranty and service elements described in the LED video manufacture registration and warranty for the new HD LED video wall system display. A formal on-site survey is recommended to finalize system requirements before beginning any installation activities.

2.4 The items shall be new and shall not be used, refurbished, or in any other form. The contractor shall provide Brand-Name or Equal products and items.

2.5 No major modification shall be made to the existing wall. Any backing board and frames the video wall manufacturer requires to secure the wall will be allowed, but they shall be aesthetically pleasing. The wall is built with metal studs; see the attached picture of the internal wall construction. (See Attachments D.2 – D.8)

2.6 The contractor shall ensure that the HD LED video wall is able to connect to the OVAMC Appspace Content Management System (CMS) already in place. It shall also be connected to the OVAMC digital signage platform, and OVAMC shall provide the required digital signage media player (Brightsign player).

2.7 The contractor shall perform to the following standards:

2.7.1 The contractor shall install the LED display, cabinets, and Q-SYS control components brand name or equal necessary to complete this procurement.

2.7.2 The contractor shall NOT provide switches, routers, plan for wireless access locations, purchase wireless access points, install access points, certify access points, nor guarantee FIPS compliance with anything being installed.

2.7.3 The contractor shall provide product management, project management, and onsite.

engineer support.

2.7.4 The contractor is responsible for a turn-key solution with no materials, equipment, to be provided by the Department of Veterans’ Affairs.

2.7.5 The contractor shall comply with National Electric Code (NEC), This includes, but is not limited to NFPA 70, 2017 edition, NFPA 72, 2016 edition, and NFPA 101, 2018 edition.

2.7.6 The contractor shall ensure all Conduit and components are terminated according to NEC guidance.

2.7.7 The contractor shall install any power or data runs needed for the LED video wall.

2.7.8 The Contractor shall meet the OVAMC construction specs for all power and data run. Power spec is no less ¾ inch conduit and Data is no less than one (1) inch conduit or use provided cable trays as needed. For data runs if cable trays are not available then no less than one (1) inch conduit must be run.

2.7.9 The contractor shall ensure the power and date is installed from the provided originating locations Rm 1D811 from Panel C1A2LN11 for power and the Data shall be from Rm 1C-801/C (see attached).

2.7.10 The wall is approximately 172” by 80” and the Video Wall shall be controlled by hospital staff in the medical center.

3. Specific Task/Requirements:

3.1 Tasks:

3.1.1.1 The contractor shall procure an LED Video Wall display and all components needed for installation at OVAMC bldg. 1.

3.1.1.2 The contractor shall install the procured LED Video display on the East wall of the OVAMC

Bldg. 1 clinic lobby 1E101 which is on the first-floor lobby, across from the entrance doors in the clinic bldg.

3.1.1.3 The contractor shall procure and install an audio-video cabinet designed to hold and contain the

Brightsign player and video wall processor.

3.1.2 The contractor shall ensure the LED Video wall shall use Brightsign Media Players to transfer the content to the display, ensuring compatibility with similar units throughout the facility.

3.1.3 The contractor shall coordinate with OVAMC Personnel, to ensure the correct content for the display to convey important information and emergency content.

3.1.4 The contractor is responsible for all system design, installation, setup, programming, and training

OVAMC personnel to include instructions on maintenance and operations.

3.1.5 The contractor shall turn over all paperwork, instructions, maintenance requirements, and any other drawings with instructions to turn over a completed, fully functional system prior to completion of the contract and final payment.

3.1.6 Any data cabling installed shall be plenum rated cable and capable with LED video wall and

Brightsign Player.

3.1.7 Copper cabling shall be plenum-rated CAT6A terminated to IEEE 568-A guidelines IAW local cabling standards section 2.1.B.3. Further, cabling shall be U/FTP (unshielded foiled twisted-pair) with no cross-divider or partition within the cable.

3.1.8 Copper cabling shall be terminated to CAT6A modular jacks capable of accepting and functioning with other modular (e.g., RJ11) plugs without damaging the jack.

3.1.9 Data jacks and data face plates shall match the rest of the OVAMC.

3.1.10 Each face plate shall be labeled to match the other data jack throughout OVAMC. The contractor can view those upon award and prior to installation.

3.1.11 All data run, boxes, and data plates installed shall have space for at least two (2) additional circuits.

3.1.12 Any data cabling shall be tested and certified, with the certification documentation provided to the contracting officer’s representative to be kept on record.

3.1.13 The contractor shall install all the power required for installing the LED Video Wall and all the components needed to provide a fully functional product.

3.1.14 The power shall be installed and run through the interstitial space (maintenance deck) between the floors from the originating location Rm 1D811 from Panel C1A2LN11 to the required locations in order to provide a functioning LED Video wall.

3.1.15 The contractor shall provide the Contract Officer (CO) at least two (2) weeks’ notice to shut down power for installation.

3.1.16 The contractor is required to have a lockout/tagout available for their installation and other testing or construction needs.

3.1.17 If specific areas need access, the contractor shall give the VA POC at least two (2) weeks' notice for access.

3.1.18 OVAMC staff shall undergo a minimum of two (2) hours of on-site training at the time of installation; the VA may record training if needed.

4 Requirements

4.1 Salient Characteristics of HD LED VIDEO WALL:

1. Pixel Pitch (mm) 1.56 LED video wall.

2. Pixel Quantity (W x H) 96 x108.

3. Module Size (Inches) 5.91 x 6.64.

4. Square Feet Per Cabinet - 2.2.

5. Resin encapsulated LED modules.

6. Magnetic LED module.

7. LED Displays must offer a five (5) year warranty.

8. Display Size (feet) 13.8(W) x 5.5(H).

9. Display Size Diagonal (feet) = 14.9.

10. Display Size (pixels) 2688(W) x 1080(H) – High Definition.

11. Cabinet Configuration (cabinets) 7(W) x 5(H).

12. Cabinet size (W x H x D) 23.62 x 13.28 x 3.07.

13. Brightness 600 Nits.

14. IP Rating Indoor.

15. ChipFlip common cathode SMD technology.

16. Viewing Angle (degrees) >160.

17. Video Input DVI, HDMI.

18. Communication Cable – Cat 6.

19. Refresh Rate (Hz) 3840Hz.

20. Color Processing Gray Scale PWM (bits) 14-18.

21. Hot Swapable LED panels.

22. No internal ribbon cables.

23. Service Access must be only Front service accessible.

24. No external jumpers on the rear.

25. True HDR technology.

26. Must be Hot Swappable.

27. Aluminum Modules.

28. IC Drivers.

29. Redundant power and data capable.

30. Cable-less PCB connection for data and power.

31. Seam brightness compensation.

32. Must have aspect ratio of 16:9.

33. Contrast Ratio 3000:1.

34. Cabinet Material Die Cast Aluminum.

35. VA staff must undergo a minimum of 2 hours of on-site training at installation; training may be recorded by the VA if needed.

4.2 Power and Data Requirements

4.2.1 The contractor shall comply with NEC, this includes, but is not limited to NFPA 70, 2017 edition, NFPA 72, 2016 edition, and NFPA 101, 2018 edition.

4.2.2 All Conduit and components shall be terminated according to NEC guidance.

4.2.3 Installation of video wall manufactures power requirements, power to originate from panel C1A2LN11 located in room 1D811.

4.2.4 All electrical cabling shall be installed and run through the existing conduit. If no conduit is available, the contractor shall provide and install ¾” EMT conduit, American-made. Steel compression fittings for connections shall be used.

4.2.5 The contractor shall be responsible for installing and terminating of any Fiber and/or CAT6 cabling required for video wall manufacture coming from room 1C-801/C.

4.2.6 All communication cabling shall be installed and run through existing conduit and cable tray designated for communications wiring. If no cable tray or conduit is available, the contractor shall provide and install a 1-inch EMT conduit. Steel compression fittings for connections shall be used.

4.2.7 Any and all penetrations through fire/smoke barriers/compartments shall be properly fire-caulked and sealed appropriately.

4.2.8 Continuity cable test results for every run shall be completed.

4.2.9 Continuity test results for hard and soft copies shall be provided before the final walkthrough.

4.2.10 All power and data runs shall be installed from the provided originating locations through the interstitial space (maintenance deck) between the 1st and 2nd floors of the building and terminate at the location of the video wall installation.

4.2.11 All installed hardware shall be inspected for functionality by the contractor before acceptance by

VA POC.

4.2.12 The contractor shall provide VA staff with a minimum of two (2) hours of on-site training at the time of installation; the VA may record the training if needed.

4.2.13 The contractor shall provide active means to prevent airborne dust from dispersing into the atmosphere by containing all work areas with dust barriers and wiping and/or water-misting ceiling or wall surfaces where installations will occur. HEPA vacuums must be used.

4.2.14 The contractor shall use a HEPA cart provided by OVAMC as needed for all access above the ceiling.

5 Government-furnished equipment

5.1 Rack space shall be available within the AV (IT) closet for any display controller system.

5.2 The VA POC shall handle all permits required by the OVAMC. If anything arises during the installation, the contractor will notify the VA POC and CO immediately if any issue arises that is not in the scope of the SOW.

5.3 OVAMC shall provide the required digital signage media player (Brightsign player) to the contractor before the completion of the project.

6 Installation Requirements

6.1 The contractor must notify the VA at least 14 working days before equipment installation to allow the VA time to clear the schedule and prepare the area in Clinic Lobby 1E101 for installation work.

7 Period of Performance:

7.1 This contract performance shall start after the date of award.

7.2 The contract performance shall be completed no longer than 120 days after the award date.

7.2.1 Installation shall be performed Monday - Friday 04:00 p.m.- 12:00 a.m. Eastern Standard Time

(EST)

7.2.2 Commissioning and training shall be done Monday - Friday 08:00 a.m. – 04:00 p.m. EST

7.2.3 Weekend Hours: TBD as needed (8:00 AM to 4:30 PM). Must Notify VA POC two (2) weeks prior.

7.3 The government-recognized US holidays are listed below. If a holiday falls on Sunday, it is observed on Monday.

Holiday Date Month

New Year’s Day 1st January

Martin Luther King Jr.’s Birthday 3rd Monday January

President’s Day 3rd Monday February

Memorial Day Last Monday May

Juneteenth 19th June

Independence Day 4th July

Labor Day 1st Monday September

Columbus Day 2nd Monday October

Veterans Day 11th November

Thanksgiving Day 4th Thursday November

Christmas Day 25th December

A. VA Handbook 6500.6 Appendix C

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with

VA information 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.

c. Contract personnel who require access to national security programs must have a valid security clearance.

National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS).

Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R.

Part 164, Subpart C, information, and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration.

Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

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

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in 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 __0__ 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 0 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g., for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COTR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

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

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security 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 COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

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

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

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

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

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

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

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

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

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

The ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

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

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

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

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

7. LIQUIDATED DAMAGES FOR DATA BREACH

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

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

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

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

(8) Known misuses of data…