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FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 15, 2017 FBO #5622
DOCUMENT

J -- IRIS Analyzing Equipment Service Agreement to include two 1 year Option Periods Seeking sources capable of providing services as stated in the attached Statement of Work. - Attachment

Notice Date

4/13/2017
 

Notice Type

Attachment
 

NAICS

325413 — In-Vitro Diagnostic Substance Manufacturing
 

Contracting Office

Department of Veterans Affairs;VA Healthcare System;Network Contracting Office (NCO) 10;3140 Governor ™s Place Blvd. Suite 210;Kettering OH 45409-1337
 

ZIP Code

45409-1337
 

Solicitation Number

VA25017Q0485
 

Response Due

4/18/2017
 

Archive Date

6/2/2017
 

Point of Contact

Adoniss Gibson
 

E-Mail Address

Contracting Point of Contact
(Adoniss.Gibson@va.gov)
 

Small Business Set-Aside

N/A
 

Description

Department of Veterans Affairs Chillicothe, OH VISN 10 17273 State Route 104 Chillicothe, OH 45601 Annual Service Agreement for BECKMAN COULTER, INC. IRIS Laboratory Equipment Statement of Work 1.0 GENERAL Annual Service Agreement for BECKMAN COULTER, INC. IRIS Laboratory Equipment, to include Preventative Maintenance, Annual Certification, and emergency maintenance. The contractor shall provide personnel to complete all tasks associated with this agreement as outlined in the scope of work and service agreement at the Chillicothe Veterans Affairs Medical Center. Items Included in this Service agreement: Model Serial Number IQ200 SPRINT 2008 6410 2.5 ICHEM VELOCITY V01449 IQ200 2G-60 3065 Type of Contract: Firm-Fixed-Price. 2.0 CONTRACTING OFFICER S REPRESENTATIVE (COR) The Contracting Officer s Representative (COR) will be the principal liaison for the Contractor during the duration of the contract. 3.0 SPECIFIC TASKS Provide planned/preventative maintenance, emergency service, and annual certification. Provide all repairs and calibrations to the instruments as needed. Provide all parts and labor (and return shipping costs if needed) associated with the repair and/or calibration of these instruments as incurred during this contract. 4.0 SUPPORTING INFORMATION Service Employee Qualifications: Service Employees shall be competent to perform the specific repairs. Hours of Work: Contractor employees will work during normal business hours, 8:00a- 5:00p M-F. Location of Work: All work will be performed in the Chillicothe VA Medical Center Laboratory Department, 17273 St. Rt. 104, Chillicothe, Ohio 45601 System Requirements: Access to the IRIS equipment and its components/accessories will be made available by V.A. personnel. 5.0 CHANGES TO STATEMENT OF WORK Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor. 6.0 REPORTING REQUIREMENTS Biomedical Equipment Repair vendors/contractors are required to sign in with Facilities Management Service (FMS) to obtain proper temporary identification prior to reporting to their respective work site. If removable media (i.e. USB or DVD/CD Device) is required, it is scanned with an anti-virus program by a Biomedical Equipment Support Specialist (BESS) at the Biomedical Equipment Repair Shop prior to any use. Vendors/contractors must comply with the temporary identification process and removable media requirements prior to performing work. The vendor/contractor reports to FMS, located in Building 21, between the hours of 7:30 a.m. 4:00 p.m. to obtain a temporary identification badge. Each vendor/contractor is issued a temporary identification badge that is worn at all times above the waist, in front, with the face of the card visible. The responsible BESS is notified of the vendor/contractor s arrival and the vendor/contractor is directed to report to the Biomedical Equipment Repair Shop located in Building 27, Room 27, to check in with the appropriate BESS. The vendor/contractor identifies if removable media is required to perform their duties.   The BESS ensures the removable media is scanned with anti-virus software running current virus definitions prior to connection to any medical device or facilities system.   The BESS completes the scanning using approved anti-virus software provided by the Chief Information Office.   If a laptop computer is used by the vendor/contractor, the BESS verifies that the laptop computer has up to date anti-virus software installed.   Any vendor/contractor with patient sensitive information that is imported into the removable media device for any reason purges patient sensitive information prior to departure from the facility. Upon completion of the scheduled work, the vendor/contractor returns to FMS to sign out, return the temporary identification badge, and leave a field service report with the Supervisory Biomedical Engineer or assigned BESS or designee. Any services performed after normal business hours are coordinated with the Biomedical Equipment Repair Shop (Supervisory Biomedical Engineer, BESS, or designee). Service reports will show all parts, labor, and travel charges that would have been incurred by the customer if a service contract was not in place to cover these charges. This is to insure proper equipment records and value of service provided. 7.0 CONFIDENTIALITY AND NONDISCLOSURE It is agreed that: 1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. 2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response. 3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO. 8.0 PRIVACY/RELEASE OF INFORMATION Personnel Clearances and Privacy Act Considerations. Contractor employee shall be required to observe the requirements imposed on sensitive data by law, Federal regulations, VA statutes and policy, and associated requirements to ensure appropriate screening of all personnel. Because of the inherent sensitivity of the data at the clinic facilities and data to be maintained at the facilities, the level of security clearance required of the Contractor s employee will reflect the same level of security clearance carried by the VA personnel for the function under contract. The Contractor shall ensure that its personnel meet the above restrictions and that confidential and proprietary information shall be divulged only to those officers and officials of the VA who are authorized to receive such information. All contractor employees who require access to the Department of Veterans Affairs computer systems shall be subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to work for VA. 1. Position Sensitivity - The position sensitivity has been designated as Low Risk 2. Background Investigation The level of background investigation commensurate with the required level of access in National Agency Check with Written Inquiries 3. Contractor Responsibilities - a. The contractor shall bear the expense of obtaining background Investigations, if the investigation is conducted by the Office of Personnel Management (OPM), the contractor shall reimburse VA within 30 days. b. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are permanent resident and are able to read, write, speak, and understand the English language. c. The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within 30 days of receipt: (i) Standard Form 85P, Questionnaire for Public Trust Positions (ii) Standard Form 85P-S, Supplemental Questionnaire for Selected Positions (iii) FS 258, U.S. Department of Justice Fingerprint Application Chart (iv) CA Form 0710, Authority for Release of Information Form (v) Optional Form 306, Declaration for Federal Employment (vi) Optional Form 612, Optional Application for Federal Employment d. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. e. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. 4. Government Responsibilities The VA office of Security and Law Enforcement will provide the necessary forms to the contractor or to the contractor s employees after receiving a list of names and address. Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward to OPM to conduct the background investigation. The VA Facility will pay for investigations conducted by the Office of Personnel Management (OPM) in advance. In these instances the contractor will reimburse the VA facility within 30 days. The VA Office of Security and Law Enforcement will notify the contacting officer and contractor after adjudicating the results of the background investigations received from OPM. c. The contracting officer will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested 9. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security and Preparedness. d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. 6. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. 7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $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-days notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 9. TRAINING a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access. b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. (End of Clause) NOTE: The duties have been classified as Low Risk and therefore will require a NACI Investigation level for those requiring access.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/DaVAMC552/DaVAMC552/VA25017Q0485/listing.html)
 

Document(s)

Attachment
 

File Name: VA250-17-Q-0485 VA250-17-Q-0485.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3414343&FileName=VA250-17-Q-0485-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3414343&FileName=VA250-17-Q-0485-000.docx

 

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

Place of Performance

Address: Department of Veterans Affairs;Chillicothe VA Medical Center;17273 State Route 104;Chillicothe, Ohio

Zip Code: 45601-9718
 

Record

SN04471882-W 20170415/170413235143-fe26beb73b6aff63e0a4c0894ad4a360 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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