Solicitation 36C26325Q0550.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

636-25-4-1963-0053

36C26325Q0550 04-02-2025

John Milroy 605-336-3230 04-11-2025

04:00 PM CDT

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

541519

$34 Million

N/A

X

Nebraska-Western Iowa VA Health Care Sys

4101 Woolworth Avenue

Omaha NE 68105

Electronic Invoicing System

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062

Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Vocera Expansion service for the Nebraska-Western Iowa VA

Health Care System.

Period of Performance of 07/01/2025 to 12/31/2025

This procurement is a total Service-Disabled Veteran Owned

Small Business (SDVOSB) Set-aside.

At the time of submission of offer, the offeror shall be registered in the Small Business Administration Veteran

Small Business Certification as a Service-Disabled Veteran

Owned Small Business (SDVOSB) and have an active registration in the System for Award Management (SAM).

See CONTINUATION Page

636-3650160-1963-820100-3133 010034175

636-25-4-1963-0053

X X

X One

John Milroy

VA-VHA-RPOC-2023-0067

36C26325Q0550

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 Statement of Work

B.4 RECORDS MANAGEMENT OBLIGATIONS

B.5 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS

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 (JAN 2025)

C.3 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB

2023) ALTERNATE I (FEB 2023)

C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

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

C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION, , AND

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (SEP 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS— COMMERCIAL ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) 48

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (MAY 2024)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.8 52.216-1 TYPE OF CONTRACT (APR 1984)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY

NOTICE (FEB 2023)

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 36C263

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] After work is completed and accepted

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.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA __________________ __________________

Vocera Messaging, 150 user add-on

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services PRODUCT/SERVICE CODE: DA10 - IT and Telecom - Business Application/Application Development Software As A Service

Vocera Messaging, 50 user add-on

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Vocera Messaging, 25 user add-on

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

33.00 EA __________________ __________________

Engage, Enterprise License, Per Bed (Includes Platform License)

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Vocera Analytics License

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

225.00 EA __________________ __________________

V5000, Smartbadge, inc. 1 yr warranty

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

V5000,FIPS 140-2 Device License Ver 1.0

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

450.00 EA __________________ __________________

V5000 Battery

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

V5000, Charger, 8-Bay, Universal

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

12.00 EA __________________ __________________

V5000/C1000, Adapter, 10W Charger, Universal

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

9.00 EA __________________ __________________

V5000, Lanyard, Holster, 25 Pack

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

9.00 EA __________________ __________________

V5000, Clip, Grip, 25 Pack

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

150.00 EA __________________ __________________

C1000, Minibadge, inc. 1 yr warranty

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

C1000, FIPS 140-2 Device License Ver 1.0

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

300.00 EA __________________ __________________

C1000 Battery

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

37.00 EA __________________ __________________

C1000, Charger, 8-Bay, Universal

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

C1000, Clip, 25 Pack

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

C1000, Lanyard, 25 Pack

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Engage, Premier Support, Enterprise License, Per Bed(Includes Platform License)

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

2.00 EA __________________ __________________

Engage, Premier Support, Enterprise License, Per Bed(Includes Platform License)

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Vocera Premier Support, Messaging, 150 user add-on

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Vocera Premier Support, Messaging, 50 user add-on

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Vocera Premier Support, Messaging, 25 user add-on

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Warranty, V5000, 2-Year extension

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Warranty, V5000, 8-Bay Charger, 2-Year extension

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

Warranty, C1000, Minibadge, 2-Year extension

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

37.00 EA __________________ __________________

Warranty, C1000, 8-Bay, 2-Year extension

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

272.00 HR __________________ __________________

Clinical Solutions Consultant ($285/hr, up to 272 hrs)

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

1.00 JB __________________ __________________

Service, reimbusable expenses

Contract Period: Base POP Begin: 07-01-2025 POP End: 12-31-2025 PRINCIPAL NAICS CODE: 541519 - Other Computer Related Services

GRAND TOTAL __________________

B.3 Statement of Work

Vocera Expansion - NWI

1. Introduction

1.1. This Vocera Badge expansion is a brand name addition to the existing Vocera system located at

4101 Woolworth Ave, Omaha NE 68105. The addition is for badge expansion for VANWIHCS

Papillin Community Living Center and to replace and expand current badges. All material shall be shipped to 4101 Woolworth Ave, Omaha NE 68105 and will be dispersed to the correct locations VA personnel.

1.2. Vocera will not have independent access to any VA system. All remote server work will be monitored by VA employees.

2. Technical Requirements

2.1. The VA is converting its EHR to Cerner hence the product shall be compatible with Cerner. In anticipation of this conversion, the VA does not wish to invest in development and maintenance of additional interfaces to VistA/CPRS. Therefore, all VistA/CPRS and Nurse Call interfaces to accommodate initial workflows already exist within the VA. Vocera and the VA currently have an approved National Business Associate Agreement (BAA). Badges must be FIPS 140-2 compliant.

3. Project Summary

3.1. The following services are anticipated to be needed to complete this project: Project

Management and Technical Services (Premium Support)

4. Vocera Expansion - Project Details

4.1. Vocera Badge Installation, Configuration and Testing Services

4.2. Deliverable: Implementation Report

4.3. Vocera shall complete the following tasks:

4.4. Install and configure the most current Vocera software badge licenses to support the expanison.

4.5. Verify connectivity and data collection for all configured data sources.

4.6. Provide integration services for the Papillion CLC to allow for the Rauland Responder 5 nurse call system to send alarms to Vocera badges.

The following is a full list of equipment and services that need to be provided:

Qty Product SKU Product Description

Vocera Software

1 910-02007 Vocera Messaging, 150 user add-on

1 910-02006 Vocera Messaging, 50 user add-on

1 910-02005 Vocera Messaging, 25 user add-on

33 910-01676 Engage, Enterprise License, Per Bed (Includes Platform License)

1 900-01862 Vocera Analytics License

Vocera Hardware

225 220-02100 V5000, Smartbadge, inc. 1 yr warranty

225 261-01950 V5000,FIPS 140-2 Device License Ver 1.0

450 230-02150 V5000 Battery

33 230-02158 V5000, Charger, 8-Bay, Universal

12 230-01930 V5000/C1000, Adapter, 10W Charger, Universal

9 230-02152 V5000, Lanyard, Holster, 25 Pack

9 230-02155 V5000, Clip, Grip, 25 Pack

150 220-06200 C1000, Minibadge, inc. 1 yr warranty

150 261-01965 C1000, FIPS 140-2 Device License Ver 1.0

300 230-06300 C1000 Battery

37 230-06358 C1000, Charger, 8-Bay, Universal

12 230-06365 C1000, Clip, 25 Pack

12 230-06369 C1000, Lanyard, 25 Pack

Software Maintenance & Support Services

33 920-00435 Engage, Premier Support, Enterprise License, Per Bed(Includes Platform

License)

2 920-00438 Engage, Premier Support, Virtual Appliance

1 920-02079 Vocera Premier Support, Messaging, 150 user add-on

1 920-02078 Vocera Premier Support, Messaging, 50 user add-on

1 920-02077 Vocera Premier Support, Messaging, 25 user add-on

Professional Services and Extended Warranty

225 920-05002 Warranty, V5000, 2-Year extension

272 240-01361 Service, Workflow, Implementation and Training Services (per hour)

7,450 240-01239 Service, Reimbursable Expenses

33 920-05082 Warranty, V5000, 8-Bay Charger, 2-Year extension

150 920-02846 Warranty, C1000, Minibadge, 2-Year extension

37 920-02848 Warranty, C1000, 8-Bay, 2-Year extension

B.4 RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

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

Government or because of the informational value of data in them.

The term Federal record:

1. Includes Department of Veteran Affairs records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Department of Veteran

Affairs contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National

Archives and Records Administration (NARA) records policies, including but not limited to the Federal

Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C.

552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the

Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. [Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of

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

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the

Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veteran Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Department of Veteran Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veteran Affairs policy.

8. The Contractor shall not create or maintain any records containing any non-public Department of Veteran

Affairs information that are not specifically tied to or authorized by the contract.

9. The 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 from public disclosure by an exemption to the Freedom of Information Act.

10. The Department of Veteran Affairs owns the rights to all data and records produced as part of this contract.

All deliverables under the contract are the property of the U.S. Government for which Department of

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

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

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

D. Flowdown of requirements to subcontractors

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

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

B.5 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

LANGUAGE FOR INCLUSION INTO CONTRACTS

1.1. GENERAL

1.1.1. This entire section applies to all acquisitions requiring any Information Security and

Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

1.2. VA INFORMATION CUSTODIAL LANGUAGE

1.2.1. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

1.2.2. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data –

General.

1.2.3. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and

VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

1.2.4. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or

Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigation

1.2.5. The contractor may only use VA information within the terms of the contract and applicable

Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

1.2.6. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with

VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge

Service.

1.2.7. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business

Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

1.2.8. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information

Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge

Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS)

Implementations.

1.2.9. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

1.2.10. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

1.2.11. Notwithstanding the provision above, the contractor 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 medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human

Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

1.2.12. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA

Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

1.2.13. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in

VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records

Management Procedures, and applicable VA Records Control Schedules.

1.2.14. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

1.2.15. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA.The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing

VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and

NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

1.2.16. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

1.3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS.

1.3.1. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

1.3.2. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior

(ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

1.3.3. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office of Human

Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance.

Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National

Industrial Security Program Operating Manual (NISPOM).

1.3.4. All contractors and subcontractors shall comply with conditions specified in VAAR

852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

1.3.5. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

1.3.5.1. Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

1.3.5.2. Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

1.3.5.3. Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property.

This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

1.3.5.4. Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

1.3.5.5. Contractor/subcontractor personnel have their authorization to work in the United

States revoked.

1.3.5.6. Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

1.3.6. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing

Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

1.3.7. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

1.4. SECURITY INCIDENT INVESTIGATION.

1.4.1. The contractor, subcontractor, their employees, or business associates shall immediately

(within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise

Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the

COR/CO the incident number received from the ESD.

1.4.2. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following:

1.4.2.1. (1) The date and time (or approximation of) the Security Incident occurred.

1.4.2.2. (2) The names of individuals involved (when applicable).

1.4.2.3. (3) The physical and logical (if applicable) location of the incident.

1.4.2.4. (4) Why the Security Incident took place (i.e., catalyst for the failure).

1.4.2.5. (5) The amount of data belonging to VA believed to have been compromised.

1.4.2.6. (6) The remediation measures the contractor is taking to ensure no future incidents of a similar nature.

1.4.3. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination.

1.4.4. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA

Information Systems VA Information Security Program, and VA Information Security

Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.

1.4.5. 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 the VA Office of 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.

1.4.6. The contractor shall comply with VA Handbook 6500.2, Management of Breaches

Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.

1.4.7. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.

1.4.8. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract;

the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—Reimbursement for Data Breach Costs.

1.5. INFORMATION SYSTEM DESIGN AND DEVELOPMENT.

1.5.1. Information systems designed or developed on behalf of VA at non-VA facilities shall comply with all applicable Federal law, regulations, and VA policies. This includes standards for the protection of electronic Protected Health Information (PHI), outlined in 45

C.F.R. Part 164, Subpart C and information and system security categorization level designations in accordance with FIPS 199, Standards for Security Categorization of Federal

Information and Information Systems and FIPS 200, Minimum Security Requirements for

Federal Information Systems. Baseline security controls shall be implemented https://www.va.gov/oal/library/vaar/vaar852.asp#85221176 https://www.va.gov/oal/library/vaar/vaar852.asp#85221176 commensurate with the FIPS 199 system security categorization (reference VA Handbook

6500 and VA Trusted Internet Connections (TIC) Architecture).

1.5.2. Contracted new developments require creation, testing, evaluation, and authorization in compliance with VA Assessment and Authorization (A&A) processes in VA Handbook

6500 and VA Information Security Knowledge Service to obtain an Authority to Operate

(ATO). VA Directive 6517, Risk Management Framework for Cloud Computing Services, provides the security and privacy requirements for cloud environments.

1.5.3. VA IT contractors, subcontractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500, VA Handbook 6517, Risk Management

Framework for Cloud Computing Services and Information Security Knowledge Service specifications in delivered IT systems/solutions, products and/or services. If systems/solutions, products and/or services do not directly match VA security requirements, the contractor shall work though the COR/CO to identify the VA organization responsible for governance or resolution. Contractors shall comply with FAR 39.1, specifically the prohibitions referenced.

1.5.4. The contractor (including producers and resellers) shall comply with Office of Management and Budget (OMB) M-22-18 and M-23-16 when using third-party software on VA information systems or otherwise affecting the VA information. This includes new software purchases and software renewals for software developed or modified by major version change after the issuance date of M-22-18 (September 14, 2022). The term “software” includes firmware, operating systems, applications and application services (e.g., cloud-based software), as well as products containing software. The contractor shall provide a self-attestation that secure software development practices are utilized as outlined by

Executive Order (EO)14028 and NIST Guidance. A third-party assessment provided by either a certified Federal Risk and Authorization Management Program (FedRAMP) Third

Party Assessor Organization (3PAO) or one approved by the agency will be acceptable in lieu of a software producer's self-attestation.

1.5.5. The contractor shall ensure all delivered applications, systems and information systems are compliant with Homeland Security Presidential Directive (HSPD) 12 and VA Identity and

Access management (IAM) enterprise identity management requirements as set forth in

OMB M-19-17, M-05-24, FIPS 201-3, Personal Identity Verification (PIV) of Federal

Employees and Contractors (or its successor), M-21-31 and supporting NIST guidance. This applies to Commercial Off-The-Shelf (COTS) product(s) that the contractor did not develop, all software configurations and all customizations.

1.5.6. The contractor shall ensure all contractor delivered applications and systems provide user authentication services compliant with VA Handbook 6500, VA Information Security

Knowledge Service, IAM enterprise requirements and NIST 800-63, Digital Identity

Guidelines, for direct, assertion-based authentication and/or trust-based authentication, as determined by the design and integration patterns. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV and/or

Common Access Card (CAC), as determined by the business need and compliance with VA

Information Security Knowledge Service specifications.

1.5.7. The contractor shall use VA authorized technical security baseline configurations and certify to the COR that applications are fully functional and operate correctly as intended on systems in compliance with VA baselines prior to acceptance or connection into an authorized VA computing environment. If the Defense Information Systems Agency

(DISA) has created a Security Technical Implementation Guide (STIG) for the technology, the contractor may configure to comply with that STIG. If VA determines a new or updated

VA configuration baseline needs to be created, the contractor shall provide required technical support to develop the configuration settings. FAR 39.1 requires the population of operating systems and applications includes all listed on the NIST National Checklist

Program Checklist Repository.

1.5.8. The standard installation, operation, maintenance, updating and patching of software shall not alter the configuration settings from VA approved baseline configuration. Software developed for VA must be compatible with VA enterprise installer services and install to the default “program files” directory with silently install and uninstall. The contractor shall perform testing of all updates and patching prior to implementation on VA systems.

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

1.5.10. The contractor-delivered solutions shall reside on VA approved operating systems.

Exceptions to this will only be granted with the written approval of the COR/CO.

1.5.11. The contractor shall design, develop, and implement security and privacy controls in accordance with the provisions of VA security system development life cycle outlined in

NIST 800-37, Risk Management Framework for Information Systems and Organizations: A

System Life Cycle Approach for Security and Privacy, VA Directive and Handbook 6500, and VA Handbook 6517.

1.5.12. The Contractor shall comply with the Privacy Act of1974 (the Act), FAR 52.224-2

Privacy Act, and VA rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish a VA function.

1.5.13. The contractor shall ensure the security of all procured or developed information systems, systems, major applications, minor applications, enclaves and platform information technologies, including their subcomponents (hereinafter referred to as “Information

Systems”) throughout the life of this contract and any extension, warranty, or maintenance periods. This includes security configurations, workarounds, patches, hotfixes, upgrades, replacements and any physical components which may be necessary to remediate all security vulnerabilities published or known to the contractor anywhere in the information systems (including systems, operating systems, products, hardware, software, applications and firmware). The contractor shall ensure security fixes do not negatively impact the

Information Systems.

1.5.14. When the contractor is responsible for operations or maintenance of the systems, the contractor shall apply the security fixes within the timeframe specified by the associated controls on the VA Information Security Knowledge Service. When security fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the contractor shall provide written notice to the VA COR/CO that the patch has been validated as to not affecting the Systems within 10 business days.

1.6. SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING, ASSESSMENT

AND AUDITING.

1.6.1. Should VA request it, the contractor shall provide a copy of their (corporation’s, sole proprietorship’s, partnership’s, limited liability company (LLC), or other business structure entity’s) policies, procedures, evidence and independent report summaries related to specified cybersecurity frameworks (International Organization for Standardization (ISO), NIST Cybersecurity Framework (CSF), etc.). VA or its third-party/partner designee (if applicable) are further entitled to perform their own audits and security/penetration tests of the contractor’s IT or systems and controls, to ascertain whether the contractor is complying with the information security, network or system requirements mandated in the agreement between VA and the contractor.

1.6.2. Any audits or tests of the contractor or third-party designees/partner VA elects to carry out will commence within 30 business days of VA notification. Such audits, tests and assessments may include the following: (a): security/penetration tests which both sides agree will not unduly impact contractor operations; (b): interviews with pertinent stakeholders and practitioners; (c): document review; and (d): technical inspections of networks and systems the contractor uses to destroy, maintain, receive, retain, or use VA information.

1.6.3. As part of these audits, tests and assessments, the contractor shall provide all information requested by VA. This information includes, but is not limited to, the following: equipment lists, network or infrastructure diagrams, relevant policy documents, system logs or details on information systems accessing, transporting, or processing VA data.

1.6.4. The contractor and at its own expense, shall comply with any recommendations resulting from VA audits, inspections and tests. VA further retains the right to view any related security reports the contractor has generated as part of its own security assessment. The contractor shall also notify VA of the existence of any such security reports or other related assessments, upon completion and validation.

1.6.5. VA appointed auditors or other government agency partners may be granted access to such documentation on a need-to-know basis and coordinated through the COR/CO.