Inactive Total Small Business Set-Aside (FAR 19.5)

The purpose of this modification is to make clear: 52.211-6 Brand Name or Equal. As prescribed in 11.107(a), insert the following provision: Brand Name or Equal (Aug 1999) (a) If an item in this solic... The purpose of this modification is to make clear: 52.211-6 Brand Name or Equal. As prescribed in 11.107(a), insert the following provision: Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government s needs. The salient physical, functional, or performance characteristics that equal products must meet are specified in the solicitation. (b) To be considered for award, offers of equal products, including equal products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an equal product, the offeror shall provide the brand name product referenced in the solicitation. ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 3.00 EA $00.00 $00.00 AvaSys Monitoring Station Client - Concurrent License LOCAL STOCK NUMBER: AVA-E-SM-6A 0002 3.00 EA $00.00 $00.00 Monitoring Station PC/Video Card/40" Monitor + 1Gbps Ethernet Encryptor LOCAL STOCK NUMBER: AVA-PC-0101-FIPS 1000 0003 30.00 EA $00.00 $00.00 AvaSys Wired Mobile Unit - FIPS Compliant LOCAL STOCK NUMBER: AVA-M-0101-D-FIPS-3 0004 4.00 EA $00.00 $00.00 Spare Parts Kit with 10ft power cord LOCAL STOCK NUMBER: AVA-SK-0101-2 0005 30.00 EA $0.0000 $0.00 US Power Cord - 10' Medical LOCAL STOCK NUMBER: A-000285 0006 30.00 EA $00.00 $00.00 Shipping and Handling LOCAL STOCK NUMBER: AVA-SHIPHAND 0007 1.00 EA $00.00 $00.00 AVA-SERV-0109 AvaSys TeleSitter System Install Services The AvaSys TeleSitter Program Install Services Include: - Project Planning & Engineering - Travel Cost & Time - Server Setup - Unit Assembly/Assembly Prep - Unit Initialization & Test Verification - Unit Wireless Connectivity Testing/Validation- Observer Station Setup - BioMed/IT Training LOCAL STOCK NUMBER: AVA-SERV-0109 GRAND TOTAL $00.00 Background The intent of a telesitter monitoring system is to prevent patient harm (prevent falls and elopement) and reduce 1:1 sitter utilization and cost associated with nursing resources. This requirement is an expansion of an existing telesitting system to the Audie L Murphy (ALM) Community Living Center (CLC) and Kerrville Medical Center (KMC) CLC. Telesitting is currently used in the Med/Surg units at ALM Hospital. The system will allow video monitoring and two way voice commincation through a secure service on the VA network to patients requiring close observation. The intent of this contract is for the South Texas Veterans Health Care System (STVHCS) to procure the compatible system to the existing system. This monitoring system is discretely placed in patient rooms and accessed from a central observation and communications station through built-in two-way audio channels. The procurement of this system is intended to offer a more cost effective and safer observation and communication solution to the sitter needs throughout the Health Care System. A teleSitter solution can solve the sitter demand and return Nursing Assistant s to the floor for patient care needs. Period of Performance June 1, 2020 May 31, 2021 Estimated go-live date 6-months after full and complete equipment installation at each location Place(s) of Performance. Audie L. Murphy VA Hospital located at 7400 Merton Minter Blvd, San Antonio, TX, 78229 Kerrville VA Medical Center (KDMC) located at 3600 Memorial Blvd Kerrville, Texas 78028. Scope The procurement of this equipment is intended to offer a more cost effective and safer observation and communication solution to the sitter needs throughout the Health Care System. A teleSitter solution can solve the sitter demand and return Nursing Assistant s to the floor for patient care needs. System to be contracted must be TRM approved (i.e. equipment, software, and services) Video and voice interactions are not recorded. Digital two-way audio communication with patient and monitoring station through mobile video monitoring device. 1 way video stream from mobile device to monitoring station (staff to view patient) Portable video monitoring device to allow to device to be moved anywhere in the ALM and KMC facilities including patient rooms. Camera must be able to pan and move to view room. Camera must be able to be movement and pan must be able to be controlled remotely Privacy mode to ensure compliance with HIPPA regulations. Audible alert capable allowing the monitor to sound an alarm in the patient room to alert staff of an urgent situation. Service and cost will include installation, project planning, engineering and management, travel cost and time, server setup, cart and video device assembly and prep, cart initialization and test verification, observer station setup and BioMed/IT training. Service and cost will include the clinical training services which include the project planning and management, travel cost and time, observer station training, department manager training, global manager training, department floor awareness training, Go-Live support and two follow-up training days within 180 days. All equipment and materials must be new, not refurbished, not rebuilt, nor 3rd party subsitutes are acceptable. Provide all materials, tools, and labor for total project scope. Provide project management, planning, task coordination, resources, timelines oversight, technical support, and clinical policies and procedures, training, and go-live implementation through out the expansion process. Contracotr will ensure that all security and privacy regulations are adhered to during Option to include a clinical development program that will include all program planning for clinical workflows and operational workflows to all areas of expansion. This is conducted during the project implementation phase before and during Go Live and will include onsite education for monitor staff and clinical staff. The program will also include a follow up phase where the vendor will provide support after Go Live to assure program success. Clinical Program Development will offer the following: Policy & Procedure Planning Resource sharing and guidance Program development and best practices Electronic training packet for monitor staff training and clinical awareness education Electronic training packet will be retainable Interactive practice Go Live Support Remote follow up support One Follow up visit within 180 days of Go Live date Provide comprehensive documentation of system function and operation. Option to include a yearly 24x7 support for all current and new equipment, hardware, and software one year from go-live date. Go live date will be considered the date that Kerrville and ALM CLCs are operational. Option to include a Nursing Analytics subscription that includes: Utilization reporting Comparative data reports Analytic reports providing insights and recommendations for cost and improvement Must have a Contractor Mandatory Requirements Contractor and all sub-contractor employees must be able to pass a standard security check in order to receive a VA Contractor ID Badge. Contractor and all sub-contractor employees must provide a current (within past 12 months) TB test result to the VA Infection Control Nurse Contractor and all sub-contractor employees must take a short training course regarding Infection Control and Fall Prevention at the VA prior to starting work. This requirement will take approximately 2 hours. Contractor and all sub-contractor employees must comply with all safety regulations: federal and state. All contractor employees shall provide and use job appropriate PPE. Contractor shall provide a parts lists indicating make, model, serial number and item cost for all items prior to shipping. Contractor shall provide a network map indicating all components, ports used, and other network requirements. This must be provided no less than 2 weeks prior to start work. IP addresses will not be provided by VA until this step is complete. A teleconference call may be required between the Contractor and VA LAN Manager for this step. Contractor shall provide shipping. Contractor shall provide all tools, material and labor for installation of new hardware. Contractor shall deliver all items in full on delivery date. Contractor shall deliver all items in full prior to billing/invoicing. Delivery Requirements: Contractor shall notify facility Contracting Officer Representative (COR) and POC prior to delivery with date and time of delivery. All items must be delivered in full on delivery date. All items must be delivered in full prior to billing/invoicing. Items will be delivered to the appropriate warehouse for ALM and KMC equipment and services: Audie L. Murphy VA Hospital: 7400 Merton Minter Blvd, San Antonio, TX, 78229 Kerrville VA Medical Center: 3600 Memorial Blvd, Kerrville, TX 78028 Security Requirements Information Systems Officer, Information Protection: System will collect patient demographics. No other information will be retained. Server is VA property and will be maintained by Biomedical. The contractor will not have access to VA Desktop computers nor will they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. Privacy Officer: System will collect patient demographics. No other information will be retained. Server is VA property and will be maintained by Biomedical. The contractor will not have access to protected Patient Health Information (PHI) nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified. Records Manager: System will collect patient demographics. No other information will be retained. Server is VA property and will be maintained by Biomedical. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data. STVHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of STVHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to STVHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to STVHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and STVHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with STVHCS policy. The Contractor shall not create or maintain any records containing any non-public STVHCS information that are not specifically tied to or authorized by the contract. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. The STVHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which STVHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI). None provided or required. 3. VA INFORMATION CUSTODIAL LANGUAGE a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA s information is returned to the VA or destroyed in accordance with VA s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR. SECURITY INCIDENT INVESTIGATION a. The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. b. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including: (a) date of occurrence; (b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text; (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ 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. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time. 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 COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.