6515--(C2)patient monitoring (VA-22-00061851)

Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

Page 11 of 11

Combined Synopsis/Solicitation Notice

*= Required Field

Combined Synopsis/Solicitation Notice

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Request for Quote (RFQ) #: 36C25923Q0550

Patient Monitoring System

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

* The deadline for all questions is 4:00pm ET, 6/19/23

All questions must be submitted in writing no later than the question cut-off date marked above. All questions will be answered officially through an amendment to the solicitation.

** Quotes are to be provided to chris.hollingsworth@va.gov no later than 4:00pm ET, 6/23/23.

Quotes shall not be hand carried. Faxed quotes shall not be accepted. Emailed quotes are the only method of submitted quotes (4MB email limit). The Government reserves the right to make award solely on initial Quotes received. Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation. This RFQ shall be completed in its entirety, and signed and dated, failure shall not be considered for award.

This is a Request for Quote (RFQ) and the solicitation number is 36C25923Q0550. The government anticipates awarding a firm-fixed price contract resulting from this solicitation.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 effective June 2, 2023.

The North American Industrial Classification System (NAICS) code for this procurement is 811210 with a small business size standard of $34.0 Million. This solicitation is an unrestricted acquisition.

List of Line Items;

Line Item

Description

Quantity

Unit of Measure

Unit Price

Total Price

0001

Patient Monitoring System

1

ea

$

$

0002

Support

5

YR

$

Grand Total

$

Description of Requirements for the items to be acquired;

The device needs to have the following characteristics:

45 Each patient beacons

1000 bands and clasps

Tamper Resistant Patient Wristbands

100% waterproof

Antimicrobial beacon & band

Disposable band/clasp

Universal band sizing

Battery Life > 12 months

Wireless staff devices

4 Each iPad with wifi and case

10 Each iPod Touch with wifi and case

Armband with battery backup pack

Text Alert Service (minimum 10,000 mgs/annual)

7x24hr x 365-day support, maintenance, upgrades and HIPAA

Corporate, Divisional, Regional, Facility, Unit, and Staff level performance view

Various comparatives, cohorts, filtrations, and drilldowns

Patient observation data and sleep reports

Staff compliance views

Escalation: Primary, Secondary, Tertiary alerting

Request Assistance feature for a coordinated response

Observation timing reminders: Nurse, Vitals, Environmental rounds

5 years of support

Delivery and acceptance is to be F.O.B Destination (FAR 52.247-34) at the Veterans Affairs Medical Center, located at

Department of Veterans Affairs

Jack C. Montgomery VAMC

1011 Honor Heights Dr

Muskogee, OK

74401-1318

52.212-1, Instructions to Offerors--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL

Gray market items are Original Equipment Manufacturer s (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. This procurement is for new OEM medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts) for VA Medical Centers. No remanufactures or gray market items will be acceptable.

Offeror shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed medical supplies, medical equipment and/or services contracts for maintenance of medical equipment (i.e. replacement parts), verified by an authorization letter or other documents from the OEM, such that the OEM s warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the medical supplies, medical equipment and/or services contracts for maintenance of medical equipment shall be in accordance with the OEM terms and conditions.

The delivery of gray market items to the VA in the fulfillment of an order/award constitutes a breach of contract. Accordingly, the VA reserves the right enforce any of its contractual remedies. This includes termination of the contract or, solely at the VA s election, allowing the Vendor to replace, at no cost to the Government, any remanufactured or gray market item(s) delivered to a VA medical facility upon discovery of such items.

Offerors providing an or equal product(s) must adhere to the terms in FAR 52.211-6. If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet or exceed are specified in the solicitation. To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must

Meet the salient physical, functional, or performance characteristic specified in this solicitation;

Clearly identify the item by-

Brand name, if any and

Make or model number,

Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

The contracting officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the contracting officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation

Any award made as a result of this solicitation will be made on an All or Nothing Basis.

State if quoted items are available and priced through offerors existing Government-wide Acquisition Contract (GWAC), GSA Multiple Award Schedule (MAS) contract, or VA-wide Acquisition Contract.

If the acquisition is set-aside for SDVOSBs/VOSBs, their socioeconomic status must be VIP verified and visible in the VA Vendor Information Pages (VIP): https://www.vip.vetbiz.gov/ at the time of quote submission AND award, or will be considered non-responsive, and will NOT be considered for award.

Offerors are warned against contacting any VA personnel other than the Contracting Officer and Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contactors, the offeror making such contact may be excluded from award considerations.

All proprietary information shall be clearly and properly marked. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror s page limitations unless otherwise indicated in the specific volume instructions below.

All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the quote and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quote.

Submission of quote shall include the following volumes: (I) Technical capability or quality of the item offered to meet the Government requirement; and (II) Price

Volume I - Technical capability or quality of the item offered to meet the Government requirement

The offeror shall submit specifications, cut sheets, or brochures confirming the equal products, including equal products of the brand name manufacturer submitted, meets or exceeds the salient physical, functional, or performance characteristic specified in this solicitation. The product(s) quoted must be identified by brand name, if any, and make or model number.

Volume II Price

Price - The offeror shall complete the pricing schedule provided in Section (v) above: Price/Cost Schedule.

(End of Addendum to 52.212-1)

52.212-2, Evaluation--Commercial Items applies to this acquisition

ADDENDUM to FAR 52.212-2 EVALUATION COMMERCIAL ITEMS:

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government considering price and other factors.

The following factors shall be used to evaluate quotations:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement

Factor 2. Price

Evaluation Approach. The Government will evaluate quotations using the comparative evaluation process outlined in FAR 13.106-2(b)(3), where quotations will be compared to one another to determine which provides the best benefit to the Government. The Government reserves the right to consider a quotation other than the lowest price that provides additional benefit(s). Quotations may exceed minimum requirements of the solicitation. The Government reserves the right to select a quotation that provides benefit to the Government that exceeds the minimum requirements of the solicitation, but is not required to do so. Each response must meet the minimum requirements of the solicitation. The Government is not requesting or accepting alternate quotations. The evaluation will consider the following:

Factor 1. Technical capability or quality of the item offered to meet the Government requirement: The quotation will be evaluated to the extent to which it can meet and/or exceed the Government s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Factor 2. Price: The Government will evaluate the price by adding the total of all line item prices, including all options. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

Options. The Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by adding six months of the quoter's price for the last potential period of performance under this contract to the quoter's total price. For example, if the contract includes option periods that are exercisable under FAR 52.217-9, the quoter's total price for the purpose of evaluation will include the base period, all option periods, and an additional six months of the last option period. Quoters must price only the base and option periods specified in the contract line item numbers (CLINs),and shall not submit a price for the potential six-month extension of services under FAR 52.217-8. The Government reserves the right to exercise the option under FAR 52.217-8 before the end of any of the contractor's performance periods and will be exercised at the price and/or rates in effect at the time the clause is exercised. Evaluation of options shall not obligate the Government to exercise the option(s).

(End of Addendum to 52.212-2)

52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, Offerors Representations and Certifications Commercial Items. If paragraph (j) of the provision is applicable, a written submission is required. Offerors must be registered in SAM at time of offer submission.

52.212-4, Contract Terms and Conditions--Commercial Items applies to this acquisition

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (JUL 2020) applies to this acquisition

FAR 52.212-5 applies to this acquisition with the following FAR clauses incorporated by reference;

FAR 52.204-10

Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020)

FAR 52.204-16

Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

FAR 52.209-6

Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

FAR 52.219-28

Post Award Small Business Program Representation (NOV 2020)

FAR 52.219-33

Nonmanufacturer Rule (MAR 2020)

FAR 52.222-3

Convict Labor (JUN 2003)

FAR 52.222-19

Child Labor Cooperation with Authorities and Remedies (JUL 2020)

FAR 52.222-21

Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-26

Equal Opportunity (SEP 2016)

FAR 52.222-35

Equal Opportunity for Veterans (JUN 2020)

FAR 52.222-36

Equal Opportunity for Workers with Disabilities (JUN 2020)

FAR 52.222-37

Employment Reports on Veterans (JUN 2020)

FAR 52.222-40

Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

FAR 52.222-50

Combating Trafficking in Persons (OCT 2020)

FAR 52.223-18

Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

FAR 52.225-3

Buy American--Free Trade Agreements--Israeli Trade Act (JUL 2020)

FAR 52.225 5

Trade Agreements (JUL 2020) (DEVIATION)

FAR 52.225-13

Restrictions on Certain Foreign Purchases (JUN 2008)

FAR 52.232-33

Payment by Electronic Funds Transfer System for Award Management (Oct 2018)

Additional contract requirements or terms and conditions:

52.217-8 Option to Extend Services (NOV 1999) [use when options are included]

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract (MAR 2000) [use when options are included]

(a) The Government may extend the term of this contract by written notice to the Contractor within 14 days of expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items (Apr 2020)

VAAR 852.203-70

Commercial Advertising (MAY 2018)

VAAR 852.232-72

Electronic Submission of Payment Requests (NOV 2018)

VAAR 852.233-70

Protest Content/Alternative Dispute Resolution (OCT 2018)

VAAR 852.233-71

Alternate Protest Procedure (OCT 2018)

VAAR 852.246-71

Rejected Goods (OCT 2018)

VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE

NOTE: This clause will undergo official rule making by the Office of Acquisitions and Logistics.

The below language will be submitted for public review through the Federal Register. The final

wording of the clause may be changed from what is outlined below based on public review and

comment. Once approved, the final language in the clause can be obtained from the Office of

Acquisitions and Logistics Programs and Policy.

1. SUBPART 839.2 INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either

VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008)

As prescribed in 839.201, insert the following clause:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws,

regulations, standards, and VA Directives and Handbooks regarding information

and information system security as delineated in this contract.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

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

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 on site inspections of contractor and subcontractor IT resources

to ensure data security controls, separation of data and job duties, and destruction/media

sanitization procedures are in compliance with VA directive requirements.

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 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or

Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated

as not affecting the Systems within 10 working days. When the vendor is responsible for operations

or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner

based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the

VA Assistant Secretary for Office of Information and Technology.

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 vulnerablity 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 mayaffect 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 pre- approved 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 containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy

Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the

results of identity theft based on the sensitive personal information that may have been

compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be

responsible for paying to the VA liquidated damages in the amount of $ per affected individual

to cover the cost of providing credit protection services to affected individuals consisting of the

following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3

relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and

credit freezes, to assist affected individuals to bring matters to resolution;

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

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records,

histories, or financial affairs.

8. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate

any or all of the security controls and privacy practices implemented by the contractor under the

clauses contained within the contract. With 10 working-day s notice, at the request of the

government, the contractor must fully cooperate and assist in a government-sponsored security

controls assessment at each location wherein VA information is processed or stored, or information

systems are developed, operated, maintained, or used on behalf of VA, including those initiated by

the Office of Inspector General. The government may conduct a security control assessment on

shorter notice (to include unannounced assessments) as determined by VA in the event of a security

incident or at any other time.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA

information systems shall complete the following before being granted access to VA information and

its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities

for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA

information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior

training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required

privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA

personnel with equivalent information system access [to be defined by the VA program official and

provided to the contracting officer for inclusion in the solicitation document e.g., any

role-based information security training required in accordance with NIST Special Publication

800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training

certificates and certification of signing the Contractor Rules of Behavior for each applicable

employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually,

within the timeframe required, is grounds for suspension or termination of all physical or

electronic access privileges and removal from work on the contract until such time as the

training and documents are complete.

852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)

The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer.

http://www.acquisition.gov/far/index.html

https://www.acquisition.gov/vaar

The following FAR provisions are to be incorporated by reference:

FAR 52.204-7

System for Award Management (OCT 2018)

FAR 52.204-16

Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.211-6

Brand Name or Equal (AUG 1999)

FAR 52.229-11

Tax on Certain Foreign Procurements Notice and Representation (JUN 2020)

The following VAAR provisions are to be incorporated by reference:

None

The following FAR clauses are incorporated by reference:

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

FAR 52.204-13

System for Award Management Maintenance (OCT 2018)

FAR 52.204-18

Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.232-40

Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

The following VAAR clauses are to be incorporated by reference:

VAAR 852.212-71

Gray Market Items (APR 2020)

The Defense Priorities and Allocations System (DPAS) does not apply.

Date and Time offers are due to chris.hollingsworth@va.gov by 4:00pm ET, 6/23/23.

Name and email of the individual to contact for information regarding the solicitation:

Chris Hollingsworth

Chris.hollingsworth@va.gov