THIS IS A SOURCES SOUGHT NOTICE ONLY. This is not a solicitation for bids, proposals, proposal abstracts, or quotations. The purpose of this Sources Sought Notice is to obtain information regarding the availability and capability of all qualified sources to perform a potential requirement. The responses received from interested contractors will assist the Government in determining the appropriate acquisition method. The Department of Veterans Affairs (VA), Network Contracting Office (NCO) 20, is conducting market research to identify potential sources which can provide the following in support of the Veterans Integrated Service Network (VISN) 20 which is responsible for providing health care to Veterans in the states of Alaska, Washington, Oregon, and most of the state of Idaho: VISN 20 has a need for software support for the Radimetrics systems implemented in VISN 20. Support includes software support and upgrades and professional support (e.g., troubleshooting and problem resolution) as detailed below. PERFORMANCE WORK STATEMENT RADIMETRICS SUPPORT VISN 20 Contract Title. VISN 20 Radimetrics Support Background. The VA Northwest Health Network, Veterans Integrated Service Network (VISN) 20, is responsible for providing health care to Veterans in the states of Alaska, Washington, Oregon, most of the state of Idaho, and one county each in Montana and California. VISN 20 encompasses 135 counties which cover approximately 23% of the United States land mass; 17% of which are classified as health professional shortage areas. 67% of these same counties had a 2001 per capita income below $25,000. There are approximately 1.2 million Veterans living in the Pacific Northwest and Alaska, 18% of whom received VA services. A basic tenet of x-ray-based medical imaging is to use radiation in an as low as reasonably achievable (ALARA) amount while maintaining high quality images. In order to manage patient radiation doses, VISN 20 procured the Bayer Radimetrics system. Radimetrics monitors and manages radiation dose and contrast media dose allowing radiologists the ability to track x-ray dose across patients, for individual exams and cumulative dose; and track radiation dose from x-ray-based imaging modalities (e.g., CT scanners, fluoroscopy systems); and within and across various imaging protocols. Radiation-based imaging is an effective tool that can save lives. However, the higher the dose of radiation delivered at any one time, the higher the risk for long-term problems such as cancer. If a patient receives repeated doses, harm can also occur due to the cumulative effect of those multiple doses over time. Conversely, using insufficient radiation may increase the risk of misdiagnosis, delayed treatment, or, if the initial test is inadequate, repeat testing with the attendant exposure to even more radiation. One study (reference 1) estimated that of the 74 million CT scans performed in the US in 2017, 29,000 future cancers and 14,500 future deaths could develop due to radiation. This and similar studies highlight the need to maintain radiation doses as low as reasonably achievable while still obtaining the needed diagnostic information and therapeutic results. Patients most prone to harm from diagnostic radiation are children and young adults; pregnant women; individuals with medical conditions sensitive to radiation, such as diabetes mellitus and hyperthyroidism; and individuals receiving multiple doses over time. The imaging procedures most commonly associated with the potential for reducing radiation doses are CT, nuclear medicine and fluoroscopy. Radimetrics is a tool to help healthcare delivery organizations assure radiation doses are as low as possible while achieving the purposes of the imaging study. It provides several features including: Reducing repetitive, manual documentation, and dictation of dose information for more efficient radiology workflows; Faster reporting of radiation dose information via automatic outbound interfaces to PACS, RIS, and Speech Reporting systems; Establishing institutional, enterprise-wide dose ranges for studies; and Evaluating dose outcomes and linking them to technical factors, protocols, technologists, and equipment. These features improve patient safety and imaging department efficiency while helping to maintain high image quality. This procurement is to provide software support for the Radimetrics systems implemented in VISN 20. Support includes software support and upgrades and professional support (e.g., troubleshooting and problem resolution) as detailed below. Reference 1: https://www.jointcommission.org/resources/sentinel-event/sentinel-event-alert-newsletters/sentinel-event-alert-issue-47-radiation-risks-of-diagnostic-imaging-and-fluoroscopy/ Scope. VA intends to procure and renew annual support for the Radimetrics systems at the following seven (7) sites within VISN 20: Portland, Puget Sound, Roseburg, Spokane, Boise, Walla Walla, and White City. Radimetrics is currently implemented at Portland, Spokane, Seattle, Boise, and White City and expected to be implemented at the remaining sites (Walla Walla and Roseburg) during the first year of this procurement. Support includes software updates, troubleshooting, problem resolution, remote training and other remote support services. Requirements. The following support services are to be provided by the contractor: Contractor shall provide VA with telephone access, as outlined herein, to technical experts for technical assistance and error correction. Contractor shall provide services of a qualified Bayer Radimetrics representative to complete corrective actions which may consist of providing problem correction(s) and/or workaround solution(s). For purposes of this Agreement, Update shall mean a new update, modification, enhancement, or correction to the Licensed Software or Documentation that improves the performance of the Licensed Software and that is generally made available by Bayer from time to time as an entitlement of this Agreement. Updates may also include more current versions of existing third-party software, or new third-party software each provided by Bayer ( Bayer Provided Third Party Software ) that are required to enable the Licensed Software to perform as intended. Bayer Provided Third Party Software will be provided on an as is basis and Bayer does not warrant that Bayer Provided Third Party Software will be error free or operate without interruption. The parties agree that Updates will not include any new commercially available product, which will possess a discernible and significant difference in intended use and functionality when compared to the Licensed Software, and that Bayer licenses and prices separately from the Licensed Software or for which Bayer generally charges additional fees to its customers receiving Maintenance and Support Services. Bayer may, in its sole and absolute discretion, include in Updates or other products certain features or functionality suggested or requested by or on behalf of VA at any time, including any customizations or modifications that may be required during the installation of the Licensed Software pursuant to this Agreement that Bayer agrees to perform, and Bayer will exclusively own all such features and functionality and may provide them to other customers with or without charge, without any compensation due to VA, unless otherwise specifically agreed in writing between the Parties. Updates may include additional remote training or new self-help tools on the myRadiologySolutions portal. Unless indicated otherwise by Bayer all training services for an Update project will be provided from a remote location and any on-site training requested by VA will be a Billable Professional Service. Maintenance and Support Services Response Times Table 1: Maintenance and Support Services Response Times Priority Hours Available Response Times Critical Error * 24 x 7 Within 2-4 hours Technical Assistance and Non-Critical Errors 8-5, M-F, Local time Within 1 2 business days Critical Error means an Error which results in the Licensed Software being entirely inoperable due to a fault in the Licensed Software. Contractor will provide VA with telephone, email, and access to the myRadiologySolutions portal to request Technical Assistance and Error Correction as follows: US Support staff: Only US-based Tier 1, Tier 2, and Tier 3 Contractor Support staff ( US Support Staff ) will be able to initiate a remote connection to the Licensed Software. US Support Staff will undergo pre-employment background checks, annual training, and will be certified to provide Services to the VA. Although Tier 3 US Support Staff will be used whenever possible, Tier 3 Support may be required from Contractor staff based outside of the US ( Non-US Support Staff ). In this scenario, Contractor will advise the VA of the participation of Non-US Support Staff and the VA may accept or decline their participation.  Contractor Support staff may encounter VA data transmitted by the Licensed Software as streamed images in the process of providing Maintenance and Support Services. VA data may include images of diagnostic data, error messages, and service status ( Support Data ). VA data may also include images of log files, DICOM files, or images from the application user interface depicting patient data containing protected health information ( VA PHI ).  Only US Support Staff will access VA systems via the VA-approved VPN to provide remote support. For the purposes of providing Professional Services hereunder the Contractor standard used for remote support will be VA-approved VPN. Contractor will follow a defined process to initiate Error Correction with the VA, to establish remote access with the Licensed Software, to complete diagnostic and FboNotice cause analysis, to make changes to the Licensed Software or configuration settings, to test and validate Error Correction, and to confirm completion of Error Correction with VA at the conclusion of a support session (collectively Change Control Process ). VA is responsible for the following in support of this agreement: VA will make available a suitably qualified contact person who is knowledgeable of each error/problem reported to Bayer and who is available for discussion, and able to coordinate remote access to the server hosting the licensed software. VA will use reasonable efforts to submit and track all support requests. VA shall permit Contractor to gain remote access to the Licensed Software, to install software and make changes to the Licensed Software that are required to provide Error Correction. Contractor shall continue efforts to provide Error Correction only when these requirements have been met. VA will promptly install, or at a mutually agreed upon time agree to install, or permit Contractor to install, each Update provided by Bayer. Period of Performance. The base period of performance per site is indicated in Table 2. Then period of performance is four (4) additional twelve (12) month option periods for all sites. Table 2: Period of Performance Contract Period and Site Period of Performance Base Year: Puget Sound 13 June 2025 5 December 2025 Base Year: Spokane 6 December 2024 5 December 2025 Base Year: Portland 6 December 2024 5 December 2025 Base Year: White City 18 July 2024 2025 5 December 2025 Base Year: Boise 1 September 2025 - 5 December 2025 Base Year: Walla Walla 1 September 2025 - 5 December 2025 Base Year: Roseburg 1 September 2025 - 5 December 2025 Base Year: Portland 6 December 2024 5 December 2025 Option Year One (1) all sites 6 December 2025 5 December 2026 Option Year Two (2) all sites 6 December 2026 5 December 2027 Option Year Three (3) all sites 6 December 2027 5 December 2028 Option Year Four (4) all sites 6 December 2028 5 December 2029 Place of Performance. Contract performance shall take place at the contractor s location(s). Contractor travel or on-site support is NOT included in this agreement and, if needed, will require a separate agreement and will be billed separately. Table 3: VISN 20 Facility Locations Facility (VAMC/HCS) Address Boise VA Medical Center 500 Fort Street Boise, ID 83702 Roseburg Healthcare System Roseburg VA Medical Center 913 NW Garden Valley Blvd Roseburg, OR 97471 Portland Healthcare System Portland Campus 3710 SW US Veterans Hospital Road Portland, OR 97239-2999 VA Puget Sound Health Care System 1660 South Columbian Way Seattle, WA 98108-1597 Walla Walla Jonathan M. Wainwright Memorial VA Medical Center 77 Wainwright Drive Walla Walla, WA 99362 VA Spokane Medical Center N. 4815 Assembly Street Spokane, WA 99205 VA Southern Oregon Rehabilitation Center and Clinics 8495 Crater Lake Highway White City, OR 97503 Invoicing. Invoices shall be submitted electronically via the Financial Services Center Mandatory Electronic Invoice System, on a monthly basis for implementation tasks and an annual basis for license and maintenance tasks. Invoices must include, at a minimum, the following information: Contractor name, purchase order number, period of service the billing covers, and a list of equipment items covered during the stated period of performance. This requirement is in accordance with VARR Clause 852.232-72 Electronic Submission of Payment Requests: http://www.fsc.va.gov/einvoice.asp. Electronic payments are net 30 days. Hours of Coverage. Critical problem support will be provided 24 x 7. Non-Critical Services will be provided during Standard Hours, Monday through Friday, 8:00AM - 5:00PM, Local Time. Security Requirements. All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information or access to VA facilities. The background investigation includes the following requirements: 1) Completed documentation 2) Fingerprints 3) Completion of OPM s e-QIP Questionnaire. The Contractor is required to fulfill all of the security requirements. The Contractor, upon completion of fingerprinting, and an initial suitability determination, may be authorized tentative access to start the performance period of the contract, but only on condition of completion of all security requirements. This requirement is applicable to all subcontractor personnel requiring the same access. Access to VA Information and VA Information Systems. 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. 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. 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. 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. 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. VA Information Custodial Language Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. Information System Design and Development. 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. 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. 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. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. 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. 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. The contractor/subcontractor agrees to: 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: The Systems of Records (SOR); and The design, development, or operation work that the contractor/ subcontractor is to perform; 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 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. 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. "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. "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 "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. 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. 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 3 days. 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 3 days. 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. 13. Information System Hosting, Operation, Maintenance, or Use 13.1 For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the 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. 13.2 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. 13.3 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, 13.4 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. 13.5 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. 13.6 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. 13.7 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. 13.8 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. 13.9 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: 13.9.1 Vendor must accept the system without the drive; 13.9.2 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 13.9.3 VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. 13.9.4 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; 13.9.4.1 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 13.9.4.2 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. 13.9.4.3 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. 14. Security Incident Investigation 14.1 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. 14.2 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. 14.3 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. 14.4 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. 15. Liquidated Damages for Data Breach 15.1 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. 15.2 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. 15.3 Each risk analysis shall address all relevant information concerning the data breach, including the following: 15.3 1 Nature of the event (loss, theft, unauthorized access); 15.3.2 Description of the event, including: 15.3.2.1 date of occurrence; 15.3.2.2 data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; 15.4 Number of individuals affected or potentially affected; 15.5 Names of individuals or groups affected or potentially affected; 15.6 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; 15.7 Amount of time the data has been out of VA control; 15.8 The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); 15.9 Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; 15.10 Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and 15.11 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. 15.12 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: 15.12.1 Notification; 15.12 2 One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports; 15.12.3 Data breach analysis; 15.12.4 Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; 15.12.5 One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and 15.12.6 Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 16. Security Controls Compliance Testing 16.1 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. 17. TRAINING 17.1 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: 17.1 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; 17.1.2 Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; 17.1.3 Successfully complete the appropriate VA privacy training and annually complete required privacy training; and 17.1.4 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.] 17.2 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. 17.3 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. 18. Option to Extend Services: In accordance with FAR Clause 52.217-8, Option to Extend Services, the contract may be extended, at the Government s sole discretion, for a period of up to six (6) months, exercisable in increments of not less than one (1) month. If the contract contains an unexercised option period, the Government may elect to exercise the option pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract, during any short-term extension. The short-term extension(s) shall be subtracted from the total duration of the immediately succeeding option period that may follow as a result of the exercise of the option pursuant to FAR Clause 52.217-9 so that the combination of the short-term extension(s) and the option will not exceed 12 months duration. If the Government exercises one or more short term extensions in accordance with FAR Clause 52.217-8 and this instruction or an option period pursuant to FAR Clause 52.217-9, or any combination thereof, the contract as extended shall be deemed to include this extension instruction and FAR Clause 52.217-8; thus, the authority to extend services pursuant to FAR Clause 52.217-8 and this instruction may be exercised at the end of the base period and at the end of each option period. The prices applicable during the short-term extension(s) shall be the price(s) applicable during the immediately succeeding option period if there is one (for example, CLIN 1001 subject only to any adjustment required by the Service Contract Act). If there is no immediately succeeding option period, the price(s) shall be the price(s) applicable during the immediately preceding contract period, subject only to any adjustment required by the Service Contract Act. The extension(s) may be exercised by the Government IAW FAR Clause 52.217-8, provided that the CO has given notice of the Government s intent to exercise the extension at least 7 calendar days before this contract is to expire. A notice will be provided for each separate extension. For requirements items, the prices applicable during the short-term extension(s) shall be the prices applicable during the immediately succeeding option period, if there is one. If there is no succeeding option period, the prices shall be the prices applicable during the immediately preceding contract period. The cost ceiling(s), base fee(s), and award fee(s) during the short term option(s) shall be the pro rata portion of the costs and fees applicable to the immediately succeeding option period, if there is one. If there is no succeeding option period, the cost ceiling(s) and fee(s) shall be the pro rata portion of the costs and fees for the immediately preceding contract period. Potential candidates having the capabilities necessary to provide the above stated supplies at a fair and reasonable price are invited to respond to this Sources Sought Notice via e-mail to Nazanin Kreiner at nazanin.kreiner@va.gov no later than September 26, 20244, 4:00 PM Mountain Time. No telephone inquiries will be accepted. RESPONSES SHOULD INCLUDE THE FOLLOWING INFORMATION: Company name, address, SAM UEI and business size; point of contact name, phone number, and e-mail address; whether services are presently offered on a current GSA Federal Supply Schedule contract. NAICS Code 541512 Size Standard: $34 Million is applicable to determine business size standard. Any questions or concerns may also be directed via email to Nazanin Kreiner at nazanin.kreiner@va.gov. Disclaimer and Important Notes: This Sources Sought Notice does not obligate the Government to award a contract or otherwise pay for the information provided in response. The Government reserves the right to use information provided by respondents for any purpose deemed necessary and legally appropriate. The Government will treat any information received as proprietary and will not share such information with other companies. Any organization responding to this Sources Sought Notice should ensure that its response is complete and sufficiently detailed to allow the Government to determine the organization's qualifications to perform the work. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. The Government may or may not issue a solicitation as a result of this announcement. There is no solicitation available at this time.
