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FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 20, 2017 FBO #5627
DOCUMENT

J -- ScriptPro Maintenance Service - Attachment

Notice Date: 4/18/2017
Notice Type: Attachment
NAICS: 811219 — Other Electronic and Precision Equipment Repair and Maintenance
Contracting Office: Department of Veterans Affairs;VISN 7 Network Contracting Office;LaVista Business Park - Bldg A;2008 Weems Road;Tucker GA 30084
ZIP Code: 30084
Solicitation Number: VA24717Q0408
Response Due: 4/21/2017
Archive Date: 5/21/2017
Point of Contact: Evonne A Huggins
E-Mail Address: 1-6111<br
Small Business Set-Aside: N/A
Description: (i) This is a combined synopsis/solicitation for Comprehensive Preventative & Corrective Maintenance Service Plan the ScriptPro Robotic Prescription Dispensing System with Collating Control Center. This notice is prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A firm-fixed price is anticipated. (ii) The solicitation number is VA247-16-Q-0408 and is issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 (iv) This solicitation is unrestricted and the associated NAICS code 811219 has a small business size standard of $20.5M (v) Contract Line Items (CLIN): Base Period: 1 year 0001: Comprehensive Preventative & Corrective Maintenance Service | Quantity: 12 months Optional Period 1: 1 year 1001: Comprehensive Preventative & Corrective Maintenance Service | Quantity: 12 months Optional Period 2: 1 year 2001: Comprehensive Preventative & Corrective Maintenance Service | Quantity: 12 months Optional Period 3: 1 year 3001: Comprehensive Preventative & Corrective Maintenance Service | Quantity: 12 months Optional Period 4: 1 year 4001: Comprehensive Preventative & Corrective Maintenance Service | Quantity: 12 months - Location of Equipment Department of Veterans Affairs Medical Center 700 19th Street South Birmingham, AL 35233 - Equipment included under this solicitation and resultant contract Robotic Prescription Dispensing System with Collating Control Center STK#: 3023-0000-001 QTY PREV RCVD: 1 SP Central Expanded Platform with Datapoint STK#: 3111-0000-001 QTY PREV RCVD: 1 Pharmacy Data Terminals (qty 9) STK#: 3044-0010-311 QTY PREV RCVD: 9 Pharmacy Printers (qty 5) STK#: 3132-0000-001 QTY PREV RCVD: 5 Pharmacy Patient Kiosk STK# 3123-0000-001 QTY PREV RCVD: 2 Pharmacy Services Portal STK#: 3122-0000-001 QTY PREV RCVD: 1 Pharmacy Patient Kiosk Stand STK#: 3084-0000-002 QTY PREV RCVD: 2 Wireless Barcode Scanner STK#: 3135-0000-001 QTY PREV RCVD: 2 Electronic Signature Device STK#: 3109-0000-001 QTY PREV RCVD: 2 Electronic Signature Device, locking stand STK#: 3134-0000-001 QTY PREV RCVD: 2 Prescription Notification Board XL STK#: 3143-0000-001 QTY PREV RCVD: 1 Ticket Window Display STK#: 3921-0000-001 QTY PREV RCVD: 4 Virus Protection Interface Upgrade STK#: 3909-0908-000 QTY PREV RCVD: 1 Pharmacy Management Interface STK#: 3138-0000-001 QTY PREV RCVD: 1 Audio Package Speaker STK#: 3919-0000-001 QTY PREV RCVD: 2 Audio Package Speaker Setup Notice Board STK#: 3920-0000-001 QTY PREV RCVD: 1 When the service is completed, the COR will sign a confirmation of service completion and the contractor shall furnish the COR with a legible document of services rendered with signatures. Conformance Standards: Contract service shall ensure that the equipment functions in conformance with the latest published edition of NFPA-99, OSHA, CDRH, JCAHO, FDA and manufacturer specifications. Hours of Coverage: A. Normal hours of coverage shall be Monday through Friday from 8:00 a.m. to 5p.m., excluding weekends and federal holidays. All service/repairs will be performed during normal hours of coverage unless requested or approved by COR. B. Preventive maintenance inspections are to be scheduled at least one week in advance with Contracting Officer Representative (COR). Coordination may be done by telephone. C. Preventive maintenance inspections will be performed at a frequency in accordance with manufacturer recommendations. D. Federal Holidays observed by the DVAMC are: New Year s Day, Labor Day, Martin Luther King Day, Columbus Day, President's Day, Veterans Day, Memorial Day, Thanksgiving Day, Independence Day, Christmas Day. Reporting Required Services Beyond the Contract Scope: The Contractor shall immediately, but not later than 24 consecutive hours after discovery notify the CO and COR, in writing, of the existence or the development of any defects in, or repairs required for the equipment which the Contractor considers he/she is not responsible for under the terms of the contract. The contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs. Unscheduled Maintenance: A. The contractor shall maintain the software in accordance with Section III, Conformance Standards. The contractor shall provide repair service which may consist of application bug fixes, phone support, updates, or security patches, including all intervening calls necessary between regular services and updates. All required updates shall be furnished. B. The CO, COR or designated alternate has the authority to approve/request a service call from the contractor. C. Response Time: Contractor's FSE must respond with a telephone call to the COR and his/her designee within 30 minutes after receipt of telephoned notification 24 hours per day. If the problem cannot be corrected by phone, 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 a.m. to 5:00 p.m., a 4 hours response means, if a call is placed at 3:45 p.m. Monday, August 10, the FSE must start on-site service before 10:45 a.m. Tuesday, August 11, except when outside hours of coverage is authorized by the COR. Scheduled Maintenance: A. The contractor shall perform regular maintenance services (PM) to ensure that software listed in the schedule performs in accordance with Section III, Conformance Standards. The contractor shall provide reports indicating work performed to the COR at the completion of the PM. PM services shall include, but may not be limited to, the following: Reviewing operating system software diagnostics to ensure that the system is operating to the manufacturer's specifications. Quality assessment. Application bug fixes, updates, security patches Returning software to the operating condition defined in Section III, Conformance Standards. Providing documentation (worksheet) of services performed. PM services shall be performed in accordance with, and during the hours defined in, the preventive maintenance schedule established herein. All exceptions to the PM schedule shall be arranged and approved in advance with the COR. Any charges for parts, services, manuals, tools, or software required to successfully complete scheduled PM are included within this contract, and it s agreed upon price, unless specifically stated in writing otherwise. B. The contractor shall furnish all documentation upon request. C. The contractor shall furnish all backup documentation upon request to ensure that the system is performing in accordance with III, Conformance Standards. Service Manuals: The DVAMC shall not provide services 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), which are 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 or COR upon request. Documentation/Reports: The documentation will include detailed descriptions of the scheduled and unscheduled maintenance procedures performed, including replaced parts required to maintain the software application in accordance with conformance standards. Such documentation shall meet the guidelines as set forth in Section III, Conformance Standards. In addition, each ESR shall, 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. Description of Problem Reported by COR/User. F. Total Cost to be billed. G. Signatures: 1. FSE performing services described. 2. VA Employee who witnessed service described may initial said ESR, but only the COR has the authority to sign the ESR H. Software application downtime. I. VA Purchase Order Number. NOTE: ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE CO, IN WRITING, BEFORE SERVICE IS INITIATED. Additional Charges: There will be no additional charge 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. Reporting Requirements: The Contractor shall immediately, but not later than 24 consecutive hours after discovery notify the CO and COR, in writing, of the existence or the development of any deficiencies in functionality, updates, or repairs required to the software application which the Contractor considers he/she is not responsible for under the terms of the contract. The contractor shall furnish the CO and COR with a written estimate of the cost to make necessary repairs. Performance Requirements: Factor No. Performance Indicator Performance Standard Method - Type of Surveillance INCENTIVE / DISINCENTIVE B.1.3 Repairs Performed To Software Developer s Specifications. Device(S) Performs To Manufacturer s Specification. 99% BMET & COR Observations. 1% For Software Application Down-Time 5 Days At A Time. (Max Of 10%) Deduction Amount On Each Defective/Repaired Device Billing. B.1.5.C Response Time. Contractor s FSE Responses With A Telephone Call Within 30 Minutes And On-Site Within 4 Hours. 90% BMET & COR Observations & Documentation. 1% For Each Late Response 36 Hours Late. (Max Of 10%) Deduction Amount On Each Quarterly Billing. B.1.9 Provide Required Documentation. Detailed Repair Documentation Submitted With Repaired Device(S). Within Two (2) Working Days After Repaired Device(S). 99% BMET & COR Verifies Each Service Call. 1% For Each Late Service Documentation 10 Days Late. (Max Of 10%) Deduction Amount On Each Quarterly Device Billing. Performance requirements summary method of applications: The Contractor is required to perform all the work specified in the performance work statement. If the contractor fails to perform a specific element of the work, payments for the task in question will be subject to reductions as specified. Any amount deducted for deviation from the required performance will be reflected in an amount commensurate with the task. (vi) Requirements of Service Provider: Field Technicians a minimum of two years of experience, with respect to scheduled and unscheduled preventive and remedial maintenance, on software application listed. Field Technicians must have successfully completed a formalized software developer training programs within the last two years (vii) Period of Performance is 1 base year from date of award plus 4 (1 year) priced optional periods (viii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition and the following clauses AND instructions are added as addenda: INSTRUCTIONS TO QUOTERS: Quote shall include at least (1) comprehensive maintenance service plans that addresses in detail inclusions, exclusions, technical support Quote shall include labor categories and rates applicable to this solicitation. Quote shall include proof of certification or authorization by Carestream Health to perform the services required in this solicitation. Quote may include up to 3 references that include point of contact name, phone number, email address and contract number associated with the service. References shall only be of similar scope and size to this solicitation. CLAUSES: 852.233-70 Protest Content/Alternative Dispute Resolution (JAN 2008) 852.233-71 Alternate Protest Procedure (JAN 1998) (ix) In accordance with FAR 13.106-1(a)(2), award will be made to the offeror whose offer the best overall value to the government, considering price and past performance. Offerors may submit up to 3 references showing performance that is similar in size and scope to those of this solicitation. Included in the reference must be the name (x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer if has not been completed on SAM.gov. (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and the following clauses are added as addenda: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil https://acquisition.gov/far (End of Clause) SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: per occurrences. (c) Automobile per person; per occurrence and property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (End of Clause) 852.273-75 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (Interim - OCT 2008) (a) The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include, but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A-130, and guidance and standards, available from the Department of Commerce s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST s Web site at: http://checklists.nist.gov/. (b) To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in VA Information and Information System Security/Privacy Requirements for IT Contracts located at the following Web site: http://www.iprm.oit.va.gov/. (End of Clause) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 852.203-70 Commercial Advertising (JAN 2008) 852.237-70 Contractor Responsibilities (APR 1984) For the state of ALABAMA (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to the acquisition: 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.204-10 Reporting Executive Compensation & First-Tier Subcontract Awards (OCT 2015) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.219-8 Utilization of Small Business Concerns (OCT 2014) 52.219-28 Post Award Small Business Program Representation (JUL 2013) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2015) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-37 Employment Reports on Veterans (OCT 2015) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008) 52.232-34 Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) 52.222-41 Service Contract Labor Standards (MAY 2014) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015) (xiii) Additional contract requirements, terms or conditions. On-Site Identification & Badging Requirements: All outside sources are required to register with Logistics Service, and be provided with a visible day pass prior to making site contact with any Department of Veterans Affairs (VA) staff. Outside sources will comply with registration procedures and instructions as informed by Logistics Service. All outside sources will be required to show photo identification (ID) in order to obtain a VA issued badge or day pass. Outside source representatives are required to display proper medical center vender badge when visiting the medical center. Patient care areas are off limits to unescorted or unsupervised vendor representatives at all times. The contractor shall be required to report to the COR upon arrival at the VA Medical Center and will be escorted to designated work area(s). Parking, Smoking, and VA Regulations: The Contractor shall wear visible identification at all times while on the premises of the DVAMC. It is the responsibility of the contractor to park in the appropriate designated parking areas. Information on parking is available from the DVAMC Police Service. The DVAMC will not invalidate or make reimbursement for parking violations of the contractor under any conditions. Smoking is prohibited inside any buildings at the DVAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. Payment: Invoices will be paid in arrears on a monthly basis. Additional Information Security Terms & Conditions: MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX C VA INFORMATION AND INFORMATION SYSTEMS SECURITY/PRIVACY LANGUAGE 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct 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 COR. 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 COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required. c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default program files directory and silently install and uninstall. d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle. f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. g. The contractor/subcontractor agrees to: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies: (a) The Systems of Records (SOR); and (b) The design, development, or operation work that the contractor/subcontractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and (3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR. h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency. (1) Operation of a System of Records means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records. (2) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph. (3) System of Records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as Systems ), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hot-fixes, 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 twenty (20) 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 than twenty (20) days. l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology. 5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA s network involving VA information must be reviewed and approved by VA prior to implementation. b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d. The contractor/subcontractor s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA s POA&M management process. The contractor/subcontractor must use VA s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f. VA prohibits the installation and use of personally-owned or contractor/subcontractor-owned equipment or software on VA s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract. (c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 6. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the CO R 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 $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. 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 D 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 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. Medical Center Memo 90-01: VA Medical Center Medical Center Memo 90-01 Birmingham, Alabama January 4, 2016 OUTSIDE SOURCES ON GOVERNMENT PROPERTY (VENDORS/SALES REPRESENTATIVES, CONTRACTORS, AND/OR REPAIRMAN) PURPOSE: To provide security, outline the procedures and controls for outside sources that have a need to visit the Birmingham VA Medical Center (BVAMC) and its associated off-site locations. 2. POLICY: All outside sources are required to register with Logistics Service, and be provided with a visible day pass prior to making site contact with any Department of Veterans Affairs (VA) staff. Outside sources will comply with registration procedures and instructions as informed by Logistics Service. a. Exceptions: Construction contractors and service/repair personnel are governed by contract requirements and they are required to report to the location designated by the Contracting Officer or Contracting Officer Representative (COR) to report their arrival and obtain proper identification, a photo VA badge through Human Resources (HR), and they must wear that badge while visiting or working within BVAMC premises. b. Vendor representatives may have controlled access to medical center facilities and staff. Vendor representatives are afforded opportunity to furnish interested medical center staff with appropriate information regarding products and services only to the extent that such activity does not interfere with patient care or the mission of the medical center. (1) All outside sources that require recurring access to patient care areas (e.g. sales representatives), may be sponsored by the service for a photo VA badge issued by HR, at the request of the sponsoring Service. Proof of completed tuberculosis (TB) screening is required for a sponsored badge. The badge expiration date will be based upon the individual's TB screening anniversary date. No badge will be issued with an expiration date that exceeds 1 from the TB testing anniversary date. Record of testing will be provided by the contractor, and maintained by the sponsoring Service. c. All outside sources will be required to show photo identification (ID) in order to obtain a VA issued badge or day pass. Outside source representatives are required to display proper medical center vender badge when visiting the medical center. d. Patient care areas are off limits to unescorted or unsupervised vendor representatives at all times. e. Failure to comply: Any outside source who fails to comply with this policy may lose visitation privileges to this BVAMC. 3. ACTION: a. Responsibilities: (1) Logistics Service will manage registration of all outside source visitors to the Medical Center who do not have a Medical Center badge issued by Human Resources. Logistics Service will determine the method for registration of visitors. As a minimum, Logistics Service will maintain a daily sign in sheet (Attachment A) and provide a fact sheet (Attachment B) to all outside sources accessing the facility. Logistics Service will provide the day pass for those outside sources that do not have badges provided through Human Resources. (2) Service Chiefs are responsible for: (a) Ensuring staff members are familiar with and comply with this policy; (b) Ensuring that service staff members control visits from outside sources to the service areas within the needs of the service. (3) All Medical Center staff is responsible to ensure that all outside sources have a proper visible day pass or VA badge, thus indicating proper authorization for site access has been obtained prior to any visit or work performance. Any outside source visitors without appropriate Medical Center pass or badge should be immediately referred to Logistics Service. (4) Engineering Sen/ice will ensure that a professional posting of the requirement for outside sources to register will be at each public entry door to the facility. b. Procedures: (1) All visits should be accomplished during normal business between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, excluding federal holidays to the greatest extent possible. Any outside sources requiring access after-hours must sign in through the Police and Security Dispatch office located on ground floor, room G404, unless they have a VA issued photo badge (2) This policy recognizes that outside sources provide an important contribution to this BVAMC's treatment of patients by making information available on new items, demonstrating products, answering complaints, and providing instructions to users. All of the aforementioned actions must be scheduled and/or requested. (3) Any equipment that will be left for loan/review will be processed in accordance, with VA Handbook 7002, Logistics Management Procedures and BVAMC MCM 90-2 Responsibility for Non-Expendable Property. No product or device will be used on a patient without appropriate review and approvals. Responsibility for obtaining proper documentation and approvals will be that of the supervisor for the area taking custody of the product/device. (4) All pharmaceutical outside sources will be seen only by appointment, made in advance either via telephone or email. No pharmaceutical outside sources will be seen without a previously scheduled appointment. When a source is present for a scheduled appointment no additional impromptu meetings with other VA staff will be permitted. VA has the right to refuse to see any outside source. No samples from pharmaceutical representatives may be accepted by any person within the Medical Center. Visiting pharmaceutical representatives must comply with MCM (5) Due to patient privacy, no presentations will be made in patient care areas, (e.g. nurse's station, examination room, intensive care unit, emergency department, etc.). 4. REFERENCES: VA Directive 0730, Security and Law Enforcement. The Joint Commission Standard EP7 VA Handbook 7002 Logistics Management Procedures. 5. RESPONSIBLE SERVICE: Logistics will be responsible for the content, update and recertification of this MCM. 6. RESCISSION: MCM 90-01, Outside Source on Government Property (Vendor/ Sales Representatives, Contractors, and/or Repairmen), dated September 4, 7. REISSUE: This policy will be reissued on or before August William F. Harper, M.D., FACP Acting Medical Center Director Record Management Clause: The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. (xiv) The Defense Priorities and Allocations System (DPAS) ratings are NOT APPLICABLE. (xv) Quotes must be emailed to Evonne.Huggins@va.gov and received no later than 8am ET on Monday, April �24ST, �2017. (xvi) For information regarding the solicitation, please contact Evonne Huggins at Evonne.Huggins@va.gov
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