R499--LENEL SYSTEM MULTI-YEAR CONTRACT

PERFORMANCE WORK STATEMENT The Louis Stokes Cleveland VA Medical Center (LSCVAMC) requires a Contractor to provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Lenel Security System Maintenance agreement. The period of performance will be for five (5) years. General: This is a non-personnel services contract to provide a LENEL / Milestone Maintenance Agreement . The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the LENEL/Milestone Maintenance agreement as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. Background: The contractor must be a dealer for the LENEL equipment / software. The contractor shall have technicians that hold LENEL Certified Expert Certificates in Intrusion, Video, Database and Access. The contractor shall have technicians that hold Milestone Certificates for Integration Technician and Integration Engineer. Objectives: The contractor will maintain the operation of the security system stated herein functioning 24/7. The Contractor will maintain the quality and functionality of the existing system that exist at the time contract is awarded. Scope: Contractor must be able to completely repair/replace the following equipment within two business days, (Refer to the list of spare equipment in stock by the Owner) - Dell R610** - Dell R620 Server* - Dell R630 Server** - Dell R730xd Server** - Dell MD1000**/1200*/1400** series RAID Arrays - Dell T7XXX Series Dispatch Workstation**, - Cisco 48 Port 10/100/1000 switch w/Gbic s - Police Dispatch Station KVM switch - Bosch D9412GV2 Controller, - Bosch D8125 POPEX, - Bosch DX4020 NIC, - Bosch D1255W Keypad, - Altronix Rack Mount 32 CCTV Power Supply, - Altronix AL600ULACM 8-Door Lock Power Supply, - LNL-2220, LNL 1320 - QTY (10) - SAS 1TB & 2TB Hard Drive Contractor shall indicate what equipment will be purchased to maintain the required response time. Equipment specifications shall be submitted to COR prior to purchase. * If cold spare equipment is utilized for failed equipment, and a cold spare replacement and is no longer available, the equipment shall be replaced with a Dell R750xd server/storage or most current model. See build minimum standards in section 1.7. ** Cold spare equipment is not available for these units. The equipment shall be replaced with a Dell R750xd server/storage or most current model. See build minimum standards in section 1.7. VA does have the following equipment in stock for use by the Contractor: - (1) Dell R620 Servers - (2) Dell MD1200 RAID Arrays - (1) Dell T7910 Workstation (Used) - (1) Samsung 24 Monitor - (1) Cisco 3650 - 48 Port 10/100/1000 switch w/Gbic s - (1) Cisco 4500E Complete Core Switch - (1) Bosch D9412GV2 Controller - (2) Bosch D8125 POPEX - (1) Bosch D1255W Keypad - (5) Altronix AL600ULB Power Supply - (1) Sony 47 BRAVIA LED TV (Police Dispatch Video TV) - (1) Sony 48 BRAVIA LED TV (Police Dispatch Video TV) - (1) Samsung 32 LED TV (Police Dispatch Video TV) - (1) Axis Q1765-LE - (5) Axis P3354 12mm Fixed Camera - (6) Axis Q6045-E PTZ Camera w/ POE Extender 60W - (1) Axis Q1765-LE Network Camera - (10) Hubbell 24 Port Patch Panels P6E24U - (3) LENEL LNL-AL400ULX (No Pwr Supply) - (4) LENEL LNL-CTX The Contractor shall include all annual LENEL & Milestone Software Support Agreement fees to maintain current licenses at Wade Park Main facility, Main Campus Annex, CBOC s, CRRC s, Dialysis and the Remote Surgery Center, see listed addresses below. For renewal of licenses, maintain the current established license renewal schedule. Upon a Service Request: 1Hr Voice Response is to be followed, if necessary, by On-Site service within 3hrs.  Service Office within 60 Miles to assure a fast response to emergency service issues. Provide 24 Hour Emergency Contact list. The Contractor shall perform an audit from a LENEL/Milestone computer station verifying each of the cameras at Wade Park Main Campus are operational on a bi-weekly basis, email report of status to the Electronic Shop and Police Service contact about what corrective actions are to be taken. Contact information to be provided to the contractor upon contract award. The Contractor shall perform a semi-annual physical inspection of every camera located at the Wade Park Main Campus and Main Campus Annex. This inspection is to include cleaning the lenses; fixing broken cameras as they are discovered; verifying the camera view with police service and adjusting as needed; verifying each camera is in focus; verifying and correcting any description discrepancies in the LENEL / Milestone system; verifying and replacing, as needed, camera labels (example C-001); and updating the record drawing deliverable. The camera labels are to be font size 24. Deficiencies found are to be reported to the electronics shop and police service. All deficiencies that can be corrected immediately should be and items that are discovered that cannot be immediately corrected are to be completed within 3 business days. The Contractor shall start, in the beginning of option year 2 of the contract, the replacement on all of the LENEL/Altronix power supply batteries associated with the Security System, approximately (qty 300+/-) 12V, 7.5Ah and (qty 20+/-) 12V, 12Ah. The batteries are to be replaced and labeled indicating the date of replacement. Next battery replacement is to take place beginning of option year 5. A log of the battery locations and replacement dates are to be turned over to the COR upon completion in excel format. The contractor shall furnish a full campus as-built drawing showing the current camera locations with indicators showing the view direction and coverage extent indicators for the camera two weeks after the semi-annual inspection. VA is to provide .DWG/.PDF drawings indicating current known camera locations with numbers. The Contractor is to use these files as the basis for this as-built, but all information contained in these drawings shall be verified. These drawings will be delivered to the Contractor on contract award. Contractor can maintain these in PDF or in a program of their choosing, however a .DWG is required to be submitted to the COR & VA Engineering. The Contractor shall conduct an annual inspection and full function test of the VA Panic Alarm System documenting the function of each initiating device, i.e., potter button, documenting the description displayed in LENEL, and work with police service to verify that is the actual location of the panic alarm. Any discrepancies are to be corrected. The Contactor is to turn over a full report to Engineering Electronics Shop and Police Service indicating what worked, what failed, when the failures were corrected and retested, and the current status of each device. The Contractor shall assist in the commissioning/review of new work in the VAMC prior to the new work being turned over to VA for use. The Contractor shall work with the COR to list any deficiencies discovered that need to be corrected prior to turn over. The Contractor is to provide services to destroy the Hard Drives that fail and that are currently stock piled from previous failures. The mandated physical destruction methods are Disintegration, Shredding, Pulverizing, or Incinerating by burning in a licensed incinerator. A manifest indicating the serial numbers of the hard drives destroyed is to be turned over to the COR after destruction is completed. All destruction must be completed by a licensed/certified company. As items are added to the VA LENEL and Milestone systems including, but not limited to, Cameras, Readers, Switches, etc., modifications will be made to this maintenance agreement to include such items for maintenance under this agreement. If items are added to the system and are not covered under this agreement are discovered, they shall be brought to the Contracting Officer Representative (COR) attention for determination and inclusion to this agreement. The Contractor shall perform a site visit of each of the Outpatient Clinics listed in 1.6.5 to assess the existing system condition and state. The Contractor shall deliver a report to the COR indicating age, condition, deficiencies, and recommended upgrades needed to bring to the most current standards being deployed at the VAMC Main Campus. Coordinate with COR prior to scheduling site visit. The Contractor shall adhere to all Infection Control Requirements as indicated by the COR and the Infection Control Nurse for the specific tasks being performed. Any/all equipment purchased by Contractor under this maintenance agreement for spare purposes shall be listed at the time of bid and will become the sole property of the VA after the contract end date. Contractor will deliver said spare equipment to the VA for storage as directed by the COR. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The contractor shall deliver a quality assurance program with the bid package. The quality assurance program will contain means and methods of how the contractor will maintain the security system in the condition he would receive it if awarded the contract. After acceptance of the quality control plan the contractor shall receive the contracting officer s acceptance in writing of any proposed change to his QC system. Quality Assurance: The government shall evaluate the contractor s performance under this contract in accordance with the Quality Assurance Surveillance. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The contractor will perform 24/7 365 days a year, no exceptions. Place of Performance: The work to be performed under this contract will be performed at Louis Stokes VA Medical Center 10701 East Blvd. Cleveland, Ohio 44106-1702 (Main Campus and Main Campus Annex). Annual LENEL / Milestone License Renewal and Annual Assessment only will be at the following addresses: Akron: 55 W. Waterloo Akron, OH 44319 Akron Annex: 95 W. Waterloo Akron, OH 44319 Akron CRRC: 111 East Voris St. Akron, OH 44311 Canton: 733 Market Avenue South Canton, OH 44702-1018 Cleveland CRRC/Dialysis Center: 7000 Euclid Ave Cleveland, OH 44103 East Liverpool: 15655 St Rt. 170, Suite A - Calcutta, OH 43920 Mansfield: 1025 South Trimble Rd. - Mansfield, OH 44906 Lake County: 35000 Kaiser Court Willoughby, OH 44094 Lorain: 5275 North Abbe Road Sheffield Village, OH 44035 New Philadelphia: 1260 Monroe Ave, Suite 1A - New Philadelphia, OH 44663 Parma: 8787 Brookpark Road - Parma, OH 44129 Ravenna: 6751 N Chestnut St. - Ravenna, OH 44266 Sandusky: 1912 Hayes Ave. Sandusky, OH 44870 Superior Road Surgery Center: 8901 Superior Ave Cleveland, OH 44106 Youngstown: 1815 Belmont Avenue Youngstown, OH 44505 Warren: 1460 Tod Ave (NW) - Warren, OH 44485 Fisher House: 10521 Lee Ave. Cleveland, Ohio 44106 Security Requirements: Contractor personnel performing work under this contract must have a Valid Background investigation per VA Police after contract award and must maintain the level of security required for the life of the contract. The level of security requited has been determined by the VA to be a T4 Background Investigation. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. If performing work in a government facility at the close of each work period, government facilities, equipment, and materials shall be secured. VA CRISP training is required through TMS annually. The COR will provide the information for creating a log-in to the VA TMS system. It is the responsibility of the contractor to provide the COR with CRISP Course certificates for each technician working under this contract. Key Control, if needed, will be controlled by the VA Police. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer or COR. Lock Combinations : The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor s Quality Control Plan. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order. Key Personnel: The follow personnel are considered key personnel by the government: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8am to 4:30pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All employees that are on the VA property will have to wear above the waist and in plain view identification with current photograph. Contractor Travel if needed for any reason to support the contract needs in any way will be at no additional cost to the government. Other Direct Costs: The contractor will supply 24 hours of training at the government s convenience. The training will consist of (six) 4 hour sessions on VA site in Police dispatch for police and engineering for video retrieval and access control. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. Full performance of services starts on the contract starts date. Minimum Standards: This standard is dedicated to listing the build quality and camera quality of the equipment to be utilized for replacement and cold spare, etc. Listed below is to show a minimum build quality or a minimum quality standard. Dell Server/Storage R750, Dual Intel Xeon Gold 5317, 16GB Each 3200MT/s RDIMMs Dual Rank, Raid 5, PERC H745, 4TB 7.2K RPM NLSAS 12Gbps x 12, Powe Saving Dell Active Power Controller, UEFI BIOS, High Performance Fan, Dual Hot-Plug Fully Redundancy, NEMA 5-15P to C13 Plug, Riser Config 1 6x8, 2x16 slots, iDRAC9, Express 15G, Dual Port 10/25GbE SFP28, Standard Bezel, Windows Server 2019 - 16Core, OS Media Kit Win Server 19, WS2019 Additional 2 Virtual Machines, 2 Processor with 12CORES each, Windows Server 2019 Add License (qty 2), Ready Rails with CMA, USB 3.0 Card, Fan Foam HDD2U, Pro Support and 4HR Mission Critical 36 Months, Replacements shall be the most recent model in this series at this minimum build quality / selections Dell Workstation 7920, Dual Intel Xeon Silver 4215R, Dual Nvidia T1000 8GB, 8GB, 4mDP to DP adapter, 32 GB, 2 x 16 GB, DDR4, 2933 MHz ECC, M.2 256GB PCIe NVMe Class 40 Solid State Drive, Precision 7920 Tower Chassis (BC_PCIe), Windows 10 Pro for Workstations (6 cores plus, Windows 11 Pro License to be included), Dual Processor Air Heatpipe, Integrated Intel Controller (RST-e) with 1-2 Front FlexBay NVMe Drives, 2nd Drive M.2 1TB PCIe MVMe Class 40 Solid State Drive, Cisco 48 Port Switch C9200L-48P-4G-E Axis Indoor Dome Camera P Series P3245-V 2MP Resolution Vari-Focal 90 degree Horizontal Field of View,  TP3201 Recessed Adaptor extra.  Infrared Optional. Axis Outdoor Dome Camera P Series P3248-LVE 4K (8.3MP) Resolution Vari-Focal 100 degree HFV, Includes Infrared Option. Axis In/Out 360 Degree Camera, P Series P3719-PLE 15MP Resolution Vari-Focal 96 degree HFV, Includes Infrared Option. Axis In/Out 180 Degree Camera, Q Series Q3819-PVE 14.2 MP Resolution Fixed FOV, No Infrared Option Available. Axis Outdoor PTZ Camera, Q Series Q6075-E 2MP Resolution 40x Optical Zoom, Auto-Tracking, No Infrared Option. Axis Outdoor PTZ Camera, Q Series Q6128-E 4K (8.3MP) Resolution 12x Optical Zoom, No Infrared Option. QUALITY ASSURANCE SURVEILLANCE PLAN For: LENEL / Milestone Maintenance Agreement Cleveland VAMC Contract Number: Time period: Oct 1, 2022-September 30, 2027 Contract Description: LENEL / Milestone Maintenance Contractor s name: ______________________________________ 1. PURPOSE This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following: What will be monitored. How monitoring will take place. Who will conduct the monitoring. How monitoring efforts and results will be documented. This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government s responsibility to be objective, fair, and consistent in evaluating performance. This QASP is a living document and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities. 2. GOVERNMENT ROLES AND RESPONSIBILITIES The following personnel shall oversee and coordinate surveillance activities. a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor s performance. Assigned CS: Roman Savino, Contract Specialist Organization or Agency: VA HEALTHCARE SYSTEMS OF OHIO b. Contracting Officer s Technical Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government s behalf. Assigned COR: Robert Davis___________________________________ c. Other Key Government Personnel N/A 3. CONTRACTOR REPRESENTATIVES The following employees of the contractor serve as the contractor s program manager for this contract. Name/Title: ______________________ 4. PERFORMANCE STANDARDS Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these standards. The Performance Requirements Summary Matrix, paragraph N/A (there is no PRS Matrix in the PWS) in the Performance Work Statement (PWS), includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). Note: The subject contract does not contain a Performance Requirements section in the SOW. As such, the below listed Tasks, Indicators, and Standards have been extracted from SOW: Task ID Indicator Standard Acceptable Quality Level Method of Surveillance Incentive VAMC Requires Security System Maintenance Costs 1 Accessibility Contractor will perform 24/7-365 days a year, no exceptions 100% Contractor will sign in/out with VAPD Exercise of Option Period 2 Professional Oversight VAPD is responsible for all security equipment 100% PM Process to be performed by VAPD Exercise of Option Period 3 All deficiencies to be completed in three working days Work Order Process 100% Electronics Shop Review all Security Work orders Exercise of Option Period 4 Costs The contractor will bill the VA correctly based on the terms of the contact 95% Review contractor work orders and invoice statements as they are submitted in IPPS. Exercise of Option Period HIPPA Compliance 5 Adherence to HIPPA The contractor must adhere to the provisions of HIPPA and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI) 100% Direct Observation and Validated User/Customer Complaints Exercise of Option Period Comments:__________________________________________________________________________________________________________________________________________________________________________________________________________________ B.2 IT CONTRACT SECURITY 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 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 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 following 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 during 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; (1) 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 (2) 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 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 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 assigned to the individual. i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than three (3) business 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 three (2) business 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 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 the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: (1) Vendor must accept the system without the drive; (2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then; (a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and (b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract. (c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation. 6. SECURITY INCIDENT INVESTIGATION a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the 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. 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 considering the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 8. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all 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 [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 the training and documents are complete. (End of Clause) E.2 52.212-2 EVALUATION COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) Authority for this solicitation is FAR Part 13 (Simplified Acquisition Procedures). The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation requirements. The following factors shall be used to evaluate conforming quotes: (1) Lowest Price Technically Acceptable Contents of the written quotes will be evaluated to determine the degree and extent to which the requirements set forth in the Request for Quote (RFQ) and PWS are satisfied. The Government reserves the right to award without discussions. Quotes will be evaluated and ranked per price, from lowest to highest. Other quotes may not be evaluated unless the Government determines the lowest price quote to be unacceptable: In the event the Government determines the lowest price quote to be unacceptable, the technical quote of the next lowest price quote will be evaluated. This process will continue until a technical quote that meets or exceeds the acceptability standards for non-price factors is determined to be acceptable. To be technically acceptable the quote must show: Proof of being a Lenel Dealer and all technicians that work on or with the equipment/software must be Lenel Certified. All programming efforts are to be performed by the Company Master Lenel certified technician that hold LENEL Certified Expert Certificates in Intrusion, Video, Database and Access. The contractor shall have technicians that hold Milestone Certificates for Integration Technician and Integration Engineer. The contractor must have 24/7 ability to respond is critical (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)