Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 05, 2017 FBO #5795
DOCUMENT

J -- 620-18-1-131-0004|Biomedical Contract Renewal: - Attachment

Notice Date

10/3/2017
 

Notice Type

Attachment
 

NAICS

811219 — Other Electronic and Precision Equipment Repair and Maintenance
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office 2;James J. Peters VA Medical Center;130 West Kingsbridge Road;Bronx NY 10468-3904
 

ZIP Code

10468-3904
 

Solicitation Number

36C24218Q0005
 

Archive Date

12/2/2017
 

Point of Contact

Marshand Boone
 

E-Mail Address

marshand.boone@va.gov
(marshand.boone@va.gov)
 

Small Business Set-Aside

N/A
 

Description

Contracting Office Information: Department Of Veterans Affairs Network Contracting Office 3 130 W. Kingsbridge Road Bronx NY 10468 Synopsis: Please note that this is not a request for quotes or proposals, the Government is seeking information for market research purposes only. The Department of Veterans Affairs, Bronx VA Medical Center, Bronx, NY, is conducting a market research to find qualified vendors to provide the following service: The Hudson Valley VA Medical Center (Castle Point Campus) seeks a contractor to furnish all necessary labor, equipment, tools, materials, parts, repair services, maintenance, telephone technical/applications assistance, remote VPN monitoring/maintenance support, software updates and software upgrades and cover any zone charges on a Full Service Basis as specified below in accordance with the terms, conditions and schedule of this agreement for Toshiba Magnetic Resonance Imager, model Titan/X.000 (please see draft statement of work for full description). The North American Industry Classification Systems (NAICS) is 811219; the size standard is $20.5 million. The purpose of this notice is to gain knowledge of potential qualified sources for this procurement. Responses to this notice will be used by the Government to make appropriate acquisition decisions. Responses to this notice should be provided in a capabilities statement which includes: 1) Offerors name, address, point of contact, phone number, and e-mail address; 2) Offerors interest in bidding on the solicitation when it is issued; 3) Offerors capability to perform a contract of this magnitude and complexity and three examples of comparable work performed within the past five years with a brief description of the project, customer name, and dollar value of the project) ; and 4) Offerors Business Size (Large Business, HUBZone, Service Disabled Veteran Owned and/or Small Business, 8(a)) and DUNS number. If your firm is a Service-Disabled Veteran Owned or Veteran Owned Small Business, you must be CERTIFIED in VetBiz (see internet site: http://vip.vetbiz.gov). Contractor must be registered in System for Award Management (SAM) (see internet site: http://www.sam.gov). Responses to this notice must be submitted in writing (email) and received no later than October 6, 2016 at 4:00 PM EST. A solicitation is not currently available. If a solicitation is issued, it will be announced on Federal Business Opportunities website http://www.fbo.gov at a later date, and all interested parties must respond to that solicitation announcement separately from the responses to this announcement. Please email questions and responses to this notice to Marshand Boone at Marshand.boone@va.gov. Draft STATEMENT OF WORK SERVICE/MAINTENANCE OF EQUIPMENT SECTION A - SERVICE CONTRACT PERIOD BASE PERIOD: Date of Award (DOA) through and including September 30, 2018 SECTION B - SUPPLIES OR SERVICES AND PRICES Request for Quote (RFQ) for full service maintenance program in accordance with Section C for the as described in Section C located at the: VA Hudson Valley HCS Rt. 9D Castle Point NY 12511, Magnetic Resonance Imaging Suite, Room 001-16-CP REQUIREMENTS: A. Furnish all necessary labor, equipment, tools, materials, parts, repair services, maintenance, telephone technical/applications assistance, remote VPN monitoring/maintenance support, software updates and software upgrades and cover any zone charges on a Full Service Basis as specified below in accordance with the terms, conditions and schedule of this agreement. B. Contract Extension: The Government will have the option to extend the term of the contract for four (4) additional years at the prices you bid. This is in accordance with the provision of FAR 52.217-9 in Section - I "Contract Clauses" of this Solicitation. Contract Term BASE Period Date of Award through and including September 30, 2018 1. Service/maintenance during Normal Coverage Hours (Monday-Friday 8am-9pm, excluding federal holidays): 1. VA ID# Quantity Unit Unit Cost Total Cost 55486 [12] [MO ] __________ __________ Labor Rates and Travel Charges to apply toward Non-Normal Coverage Hour (ie; evenings, nights, Saturdays, Sundays and Federal Holidays: a. During the contract coverage period, VA may request that service be performed during non-normal working hours. This must be authorized in advance by the COR. VA shall only be responsible for paying the difference between Normal Hours and Non-Normal hours rates as specified below in paragraph b. In some instances, minimum charges shall apply and are also specified in paragraph b below. Any associated costs shall require a separate Purchase Order # or credit card transaction in advance of work being performed. Non-Normal Hours Rates 1) Customer Support Representative: Quantity Unit Normal Hours Non-Normal Hours Minimum Charge Cost Cost/Hour Cost/Hour if applicable(time) [1] [ Hour ] __________ __________ __________ 2) Product Support Engineer: Quantity Unit Normal Hours Non-Normal Hours Minimum Charge Cost Cost/Hour Cost/Hour if applicable (time) [1] [ Hour ] __________ __________ __________ 3) Product Specialist: Quantity Unit Normal Hours Non-Normal Hours Minimum Charge Cost Cost/Hour Cost/Hour if applicable (time) [1] [ Hour ] __________ __________ __________ 4) Remote VPN Diagnostic Support: Quantity Unit Normal Hours Non-Normal Hours Minimum Charge Cost Cost/Hour Cost/Hour if applicable (time) [1] [ Hour ] __________ __________ __________ 5) Help Desk Support: Quantity Unit Normal Hours Non-Normal Hours Minimum Charge Cost Cost/Hour Cost/Hour if applicable (time) [1] [ Hour ] __________ __________ __________ 6) Applications Support: Quantity Unit Normal Hours Non-Normal Hours Minimum Charge Cost Cost/Day Cost/Day if applicable (time) [1] [ Hour ] __________ __________ __________ 3. Labor and Parts Discount 3a. Includes an applicable VA/Government discount from list price. Discount: ________% SECTION C - DESCRIPTION/SPECIFICATIONS I. EQUIPMENT: Equipment to be serviced/maintained includes: A. Toshiba Magnetic Resonance Imager, model Titan/X.000 (Titan x HIGH FIELD MRI SYSTEM), Manufacturers Site ID # 306985 which includes the following primary sub-assemblies: COIL MJAB-167A/P1 (TITAN BODY COIL) QTY 2 MJAH-137A/E2 (ATLAS/TITAN HEAD/CERVICAL COIL) QTY 1 MJAJ-197A/J1.010 (COIL,4-CH FLEXIBLE SPEEDER) QTY 1 MJAS-147A/E1.002 (COIL SPEEDER SPINE) QTY 1 MJAS-147A/E1 (ATLAS SPINE COIL) QTY 1 MJLC-107G/S1.010 (COIL,FLEX,100MM) QTY 1 MJLC-157G/S1.010 (COIL,FLEX,150MM) QTY 1 MJQH-127A/S2 (QD HEAD COIL) QTY 1 MJQJ-167A/S1.010 (COIL,QD KNEE/FOOT/ANKLE) QTY 1 MJAJ-107A/S1 (SHOULDER ARRAY COIL) QTY 1 MJLC-077F/S2 (CIRCULAR FLEX COIL 70 MM) QTY 1 MJLC-107F/S2 (CIRCULAR FLEX COIL 100 MM) QTY 1 MJLC-157F/S2 (CIRCULAR FLEX COIL 150 MM) QTY 1 MJLC-207F/S2 (CIRCULAR FLEX COIL 200 MM) QTY 1 MJLR-107F/S2 (RECTANGULAR FLEX COIL) QTY 1 MJQJ-147A/S1 (QD KNEE/FOOT/ANKLE COIL) QTY 1 QED000005.010 (COIL, WRIST SPEEDED (QED) QTY 1 INCLUDED OPTIONS MKSU-ECGU04/S1 (CARDIAC GATING UNIT) MKSU-PPGK02/S1 (PERIPHERAL PULSE GATING) MKSU-RSPK03/S1 (RESPIRATORY GATING) WS-AD21STE (VIRTUAL EXPLORER SOFTWARE - STANDARD EDITION) MJAB-167A/P1 (TITAN BODY COIL) MJAH-137A/E2 (ATLAS/TITAN HEAD/CERVICAL COIL) B. Additional Equipment not included: (1) Drake model PACT 7852-T3-ZT Dedicated MRI Equipment Chiller, (VAMC Inventory Entry # 58599) (2) Mitsubishi Power Conditioner (3) Medrad Angiographic Injector II. DEFINITIONS/ACRONYMS: A. Biomedical Engineering - Chief or designee, Building 21, Room 114a, phone # (845) 831-2000 extension 5642. B. CO - Contracting Officer. C. COR - Contracting Officer Technical Representative (Biomedical Engineering) D. PMI - Preventive Maintenance Inspection. Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions. E. ESI Electrical Safety Inspection. F. FSE - Field Service Engineer. A person who is authorized by the contractor to perform maintenance (corrective and/or preventive) services on the VAMC premises. G. ESR - Vendor Engineering Service Report. A documentation of the services rendered for each incidence of work performance under the terms and condition of the contract. H. Acceptance Signature - VA employee who indicates FSE demonstrated service conclusion/status and User has accepted work as complete/pending as stated in ESR. I. Authorization Signature - COR's signature; indicates COR accepts work status as stated in ESR. J. NFPA - National Fire Protection Association. K. CDRH - Center for Devices and Radiological Health. L. VAMC - Department of Veterans Affairs Medical Center OSHA - Occupational Safety and Health Agency. OEM - Original Equipment Manufacturer. AQL Acceptable Quality Level III. CONFORMANCE STANDARDS: Contract service shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, OSHA, TJC, CDRH, and include performance standards and specifications used when the equipment was procured by VA and any upgrades/updates. IV. HOURS OF COVERAGE: A. Normal Coverage Hours are [Monday through Friday] from [8:00 am to 9:00 pm], local time, excluding federal holidays. All service/repairs will be performed during normal coverage hours unless requested and approved by [COR]. B. Work performed and travel outside the normal hours of coverage at the request of [COR] will be billed at the hourly rates and zone charges listed in Section B. Billing will include travel zone charge and service labor time. Work performed outside the normal hours of coverage at the request of FSE will be considered service during normal hours of coverage. C. Federal Holidays observed by the VAMC are: New Years Day Labor Day Martin Luther King Day Columbus Day President's Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day And any other day specifically declared by the President of the United States to be a national holiday. D. Technical Telephone Support shall be covered [24 hours per day/ 7 days per week]. E. Remote Access/Diagnosis shall be covered during Normal Business Hours [Monday through Friday] from [8:00 am to 9:00 pm local time], V. UNSCHEDULED MAINTENANCE: A. Severity Levels: (definitions) 1. Severity Level 1 - a problem/issue which prevents the performance of any mission critical program functions and which cannot be circumvented or avoided on a temporary basis by Customer. 2. Severity Level 2 - a problem/issue which significantly impairs the performance of any mission critical program functions and which cannot be circumvented or avoided on a temporary basis by the Customer. 3. Severity Level 3 - a problem/issue which does not prevent or significantly impair the performance of any mission critical program functions or where such prevention or impairment can be circumvented or avoided on a temporary basis by the Customer. 4. Severity Level 4 - a low impact or documentation problem/issue. B. The contractor shall maintain the equipment in accordance with the Conformance Standards Section by furnishing all necessary labor, equipment, tools, materials, repair service, software updates, software upgrades and parts for service (excluding consumables) in accordance with the terms, conditions and schedule of this agreement. The contractor will provide requested services which may consist of calibration, cleaning, oiling, adjusting, parts replacement, repairs, preventative maintenance, telephone technical/applications support and/or remote VPN dial-in support. C. The CO, COR and Equipment Users have the authority to approve/request a service call from the contractor. D. Telephone Technical Support: The Contractor shall provide telephone technical support on a 24 hours x 7 days per week basis. Calls after normal coverage hours and calls which require remote or onsite support or additional technical telephone support will be forwarded to service dispatch. E. Response Time: If the problem/issue cannot be corrected by phone support, the Contractor's FSE must respond with a phone call to the COR and his/her designee within [0.5 hours] after receipt of telephoned notification [10 hours per day] for Severity Level 1 or 2 problems/issues. Service Level 3 and 4 problems/issues shall be address on the next business day. The FSE will commence work (on-site physical response) within [four (4) hours] after receipt of notification and will proceed progressively to completion without undue delay. For example, if hours of coverage are [8:00 am to 9:00 pm], a [4] hour response means, if a call is placed at [7:00] pm [Monday], [September 9th], the FSE must start on-site service before [10:00 am Tuesday], [September 10th], except when outside hours of coverage is authorized by the COR. VI. PARTS: All parts (including shipping costs) necessary for Scheduled and Unscheduled Maintenance are included/covered. Parts are to be New, Original Equipment Manufacturer (OEM) or certified refurbished only. Parts shall be most recent version, be readily available and shall be delivered/replaced in an expedited manner to meet/exceed uptime requirements. Parts are only to be replaced by Qualified Contractor Field Service Engineers. Software/Parts necessary to correct a safety risk/hazard (mandatory safety release) or which minimally improve original Equipment performance/etc. will be included/installed at no additional charge. Disposables, accessories, cosmetically damaged parts and optional upgrades are excluded. B. The contractor shall have ready access to unique and/or high mortality replacement parts. All parts supplied shall be compatible with existing equipment. New parts shall be furnished by the contractor and guaranteed against defects and/or failure for a period of 1 year from the date of completed installation of the component. Used parts, those removed from another similar system, shall not be installed without approval by the COR. SCHEDULED MAINTENANCE: Contractor shall perform Quarterly PMI [one inspection for every three months of contract coverage] in accordance with Equipment Service Manual(s) on mutually agreeable dates/times coordinated with COR and Radiology Service Users during Normal Coverage Hours. PMI shall be generally scheduled in the afternoon beginning no later than 4:00PM to enable the work to be completed during Normal Coverage Hours. PMI is necessary to maximize image quality, maintain equipment performance and verify operation/calibration to Equipment Specifications which overall minimizes equipment downtime. VIII. SOFTWARE UPDATES/UPGRADES: The contractor has ready access to all software updates and upgrades from the equipment manufacturer. All manufacturer s software revisions designated as updates (or maintenance releases) which are designed to correct identified performance problems or software errors shall be covered and shall be performed at the next service visit that follows the release of the software, or updates (maintenance releases) may be optionally installed remotely, if applicable. All manufacturers major software revisions designated as upgrades which are designed to enhance the system s capabilities, as well as related installation and training, shall be made available at a cost to VA (cost of upgrade plus labor) and installed upon COR s request. IX. SERVICE MANUALS AND DIAGNOSTIC SOFTWARE: The VAMC shall not provide service manuals or service diagnostic software to the contractor. The contractor shall obtain, have on file, and make available to its FSE's all operational and technical documentation, (such as; operational and service manuals, schematics, and parts list), as well as diagnostic software, which shall be necessary to meet the performance requirements of this contract. The location and listing of the service data manuals, by name, and/or the manuals themselves shall be provided to the CO upon request. X. SERVICE DOCUMENTATION/REPORTS: Service documentation shall include legible detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts and prices required to maintain the equipment in accordance with conformance standards. Such documentation shall meet the guidelines as set forth in the Conformance Standards Section. In addition, each ESR must at a minimum document the following data legibly and in complete detail: A. Name of Contractor. B. Name of FSE who performed services. C. Contractor Service ESR Number/Log Number. D. Date, time (starting and ending), and Hours-On-Site for service call. E. VA Purchase Order (PO) #(s) covering the service call. F. Description of Problem reported by COR/User. G. Identification of Equipment to be serviced: VA Inventory Entry # (if available), manufacturer, model#, serial#, and any other manufacturer's ID# s. H. Itemized Description of Service Performed, including: Travel zone charge, labor hours, parts replaced (with part#s), location of problem (equipment assembly, circuit, etc) and corrective action taken. I. Total Cost to be billed J. Signatures: 1. FSE performing services described. 2. VA Employee who is notified and accepts that repair /service has been completed. XI. REPORTING REQUIREMENTS: A. The contractor shall be required to report to Engineering Office, Building 9, Room 108 to log in during Normal Business Hours. Outside of Normal Business hours, FSE may report directly to area Supervisor at equipment site. When the service is completed, the FSE shall document services rendered on a legible ESR(s). All ESRs require an acceptance signature from the Area Supervisor. The FSE shall be required to log out either by contacting/meeting the COR to provide him with the ESR(s) or at Engineering Office. Outside of Normal Business Hours, FSR(s) may be left in the MRI suite, when detailed FSR(s) are generated by the company, they must be received within five (5) business days after completion of work either electronically (e-mailed to COR [jeremy.redisch@va.gov]), by fax to (845) 838-5259, or by mail (VA Hudson Valley HCS Rt. 9D Castle Point NY 12511 Attention Biomedical Engineering (138BME). XII. PAYMENTS: Purchase Order Payment Procedures: Payments will be made in arrears of receipt of properly prepared, certified invoices which must show reference to the purchase order number issued upon the award of this contract. Invoices shall be mailed to: Financial Services Center 1615 E. Woodward Street Austin, Texas 78772 XIII. ADDITIONAL CHARGES: There will be no additional charge to the Government for time spent at the site during, or after the normal hours of coverage awaiting the arrival of additional FSE and/or delivery of parts. XIV. QUALIFICATIONS: Offers will be considered only from offerors who are established in the business called for and whom in the judgment of the Contracting Officer (CO) are financially responsible and able to show evidence of their reliability, ability, experience, equipment, facilities and personnel directly employed or supervised by them to render prompt and satisfactory service. XV. COMPETENCY OF PERSONNEL SERVICING EQUIPMENT: A. Each respondent must have an established business, with an office and full time staff. The staff includes at minimum a "fully qualified" FSE as well as an additional "fully qualified" FSE who will serve as the backup. B. "Fully Qualified" is based upon training and on experience in the field. For training, the FSE(s) has successfully completed a formalized training program for the equipment comparable to that identified in the Section B schedule. For field experience, the FSE(s) has a minimum of one year of experience with respect to scheduled and unscheduled preventive and remedial maintenance on the specific equipment being covered. C. The FSEs shall be authorized by the contractor to perform the maintenance services. All work shall be performed by "Fully Qualified" competent FSEs. The contractor shall be able to furnish upon request written assurance of the competency of their personnel and a list of credentials of approved FSEs for each make and model of equipment the contractor services at the VAMC. The CO may authenticate the training requirements, request training certificates or credentials from the contractor at any time for any personnel who are servicing or installing any VAMC equipment. The CO and/or the COR specifically reserve the right to reject any of the contractor's personnel and refuse them permission to work on the VAMC equipment. D. If subcontractor(s) are used, they must be approved by the CO; the contractor shall submit any proposed change in subcontractor(s) to the CO for approval/disapproval. XVI. TEST EQUIPMENT: Contractor is required to utilize testing equipment employed for the purposes of system alignment and calibration which has been certified to be accurate, with accuracy traceable to a national standard. Current certification certificates shall be made available to COR upon demand. XVII. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The contractor's FSE's shall wear visible company identification at all times while on the premises of the VAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Smoking is prohibited inside any buildings at the VAMC or near entranceways. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to police search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court. REMOTE DIAGNOSTICS ACCESS: Contractor may be granted permission by VA Hudson Valley HCS Information Security Officer (ISO ) to install/connect/utilize remote diagnostic equipment to improve service/enhance support capability for the Equipment provided that designated Contractor Employee(s) have (1) obtained VAMC Network Security Clearance and (2) completed all required VAMC Cyber Security Training Courses. Remote access would be established through a secure VPN type Port Connection with Network Address/Configuration provided by VA Hudson Valley HCS Office of Information Technology (O&IT). Request for Remote Access to be submitted in writing to CO and COR. NETWORK CONNECTIVITY AND PACS IMAGES: Contractor shall insure Equipment is properly interfaced/communicates with existing VAMC PACS Network. Contractor is responsible to maintain/test/configure the Equipment as necessary to insure proper exporting of images /data including the modality work list information to VAMC PACS. SITE CONDITION: Contractor is encouraged to visit/inspect the site in advance to evaluate equipment condition. XXI. CIRCUMSTANCES BEYOND REASONABLE CONTROL: Contractor is not liable for non-performance or delay in performance as a result of occurrences/circumstances beyond Contractors reasonable control including Acts of God, War, Fire, Floods, Catastrophic Events, Misuse, Abuse, Theft, etc. XXII. UPTIME GUARANTEE: Contractor shall guarantee/maintain a minimum 98% Equipment Uptime Efficiency Rating. XXIII. UPTIME PERCENTAGE CALCULATION: Uptime Percentage shall be determined by Contractor on a Semi-Annual basis and be calculated utilizing the following Formula: Uptime = (Total Normal VAMC Business Hours of Coverage) Downtime ----------------------------------------------------------------------------------- X 100% (Total Normal VAMC Business Hours of Coverage) Normal VAMC Business Hours defined as Monday Friday, 8:00am 4:30pm, excluding Federal Holidays. Downtime defined as the period of time in which the Equipment is inoperable or the operation is significantly impaired to the extent that it cannot be utilized for Clinical Purposes (Severity Levels 1 and 2). Down time clock starts when Contractor is first notified by telephone that the system is inoperable/significantly impaired. Downtime clock stops when Equipment is restored to normal operation. Contractor shall meet with the COR and Equipment Users in the last month of the contract period to review Equipment performance and provide an official detailed written report of Uptime Percentage Results/Statistics. XXIV. UPTIME PERCENTAGE CALCULATION EXCEPTIONS: Down time associated with the following circumstances will be excluded from the calculation: (1) Time allocated for Scheduled PMI and other Pre-Arraigned Maintenance. (2) User Operator Error. (3) Circumstances Beyond Reasonable Control. (4) Power and Environmental Failures. (5) Issues which have low impact or minimally impair the overall operation of the Equipment (Severity Levels 3 and 4). XXV. LIQUIDATED DAMAGES: A predetermined percentage of monies will be deducted from the last monthly payment if the Minimum 98% Uptime Guarantee requirement is not met for each Annual Time Period. UPTIME PENALTY 98% - 100% None 94.5% - 96.9% 3% Reduction of Total Contract Cost 94.4% - less 6% Reduction of Total Contract Cost For example, assuming the cost of a 10 month contract is $10k per month, then Total Contract Cost is $100k. If the Equipment Uptime was 95% during the 10 month period, then 3% of $100k ($3000) will be subtracted from payment number 10. XXVI. CONTRACT CANCELLATION: VA Hudson Valley HCS reserves the right to cancel this Contract at any time with no penalty to the government if the Contractor is in breach of the provisions of this agreement or because of the following situations: (1) Exceptional Overall Poor performance of the Contractor including repeated failure to meet uptime requirements. (2) VAMC sells trades-in, discards or discontinues use of the Equipment. XXVII. CANCELLATION NOTIFICATION: Contractor shall be provided with Thirty (30) days advanced written notification of contract cancellation. CONTRACT TERMINATION: This contract will automatically terminate at the end of the contract period. XXIX. INSURANCE: A. Worker compensation and employer's liability. Contractors are required to comply with applicable Federal and State Worker Compensation and occupational disease statutes. B. General Liability. Contractors are required to have Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. C. Property Damage Liability. Contractors are required to have Property Damage Liability insurance coverage of at least $500,000. VA HUDSON VALLEY HCS RESPONSIBILITY: A. Qualified Staff: VAMC shall ensure the equipment is operated properly at all times by only qualified clinical/technical staff in accordance with the Equipment Operator Manual(s). B. Environment of Care: VAMC shall maintain power quality, temperature and humidity control at the site in accordance with Equipment Specifications. C. Equipment Access: VAMC shall provide the Contractor with well illuminated/safe access to the Equipment. PACS Connectivity: VAMC OI&T Service and PACS Administrator shall provide necessary computer IP address/etc to enable interface/connectivity of Equipment to the Facility LAN Backbone/PACS Computer Network including maintaining operation of the designated/jack/port. Monthly Payments: Payment shall be made to the Contractor each month (no more than 30 days in arrears). In the event this Contract is prematurely cancelled, Payment due for last remaining month (that contract is in effect) would be prorated/adjusted accordingly based on actual cancellation date. Information Security Office/Privacy Office information: 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 subcontractormust notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 6. SECURITY INCIDENT INVESTIGATION 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 COR 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. 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. 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. 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 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. 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. Each risk analysis shall address all relevant information concerning the data breach, including the following: NATURE OF THE EVENT (LOSS, THEFT, UNAUTHORIZED ACCESS); 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. 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 $ 37.50 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. 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: Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems; Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training. Successfully complete the VA Privacy and HIPAA training ; and annually complete required privacy training; and 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 COR 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. The training is accessible on: https://www.tms.va.gov/plateau/user/login.jsp
 

Web Link

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Document(s)

Attachment
 

File Name: 36C24218Q0005 36C24218Q0005.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3831959&FileName=36C24218Q0005-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3831959&FileName=36C24218Q0005-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN04704086-W 20171005/171003231246-839f49609c73896b462ba14fb0fa0336 (fbodaily.com)
 

Source

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