J065--Intent to Sole Source VA Northeast Cepheid Service Agreement. VISN 1, VISN 2 , VISN 04 AND VISN 05

Page 1 of Page 3 of 3 Page 1 of Description The Department of Veterans Affairs, Northeast Consortia, intends to negotiate a sole source contract with Cepheid, for maintenance and repair services to the GeneXpert analyzer s deployed across VA Northeast Consortia (VANEC) which includes VISNs 01,02,04 and 05. The contractor will provide preventative maintenance services including, but not limited to 24-hour phone support and on-site support. Award of a firm fixed price BPA agreement is anticipated, for period of performance on or around 08/01/2023 - 07/31/2024 with a base and four options. This notice of intent is not a request for competitive quotes. No solicitation documents are available and telephone requests will not be accepted. However, any business that believes it can meet these requirements and possesses relevant past experience and expertise may give written notice. Supporting evidence must be furnished in sufficient detail to demonstrate the ability tocomply with the above requirement. Responses will be considered by the Government, however, a determination by the Government not to compete the proposed acquisition based upon responses of this notice is solely within the discretion of the Government. NAICS Code 811210 / $38.0 million. Responses received by 10:00 AM CST on July 21, 2023, will be considered by the Government. Inquiries shall be emailed to [email protected]. No telephone request will be accepted. Disclaimer: This Notice of Intent to Sole Source does not constitute a solicitation. All information received in response to this notice that is marked proprietary will be handled accordingly in accordance with (IAW) Federal Acquisition Regulation (FAR) 15.201(e). Responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Responders are solely responsible for all expenses incurred associated with responding to this Intent to Sole Source. This Special Notice of Intent to Sole Source is for planning purposes ONLY. The results of this notice will assist in the development of (1) the requirement, and (2) the acquisition strategy (e.g., small business set-aside, full and open competition, etc.). DHA assumes no responsibility for any costs incurred associated with the preparation of responses submitted as a result of this notice. VA Northeast Consortia (VANEC) Cepheid BPA Service Contract Statement of Work Objective: To obtain a contract for service, maintenance, and application support for all Cepheid equipment deployed across the VA Northeast Consortia (VANEC) which includes VISNs 01, 02, 04, and 05. The contractor shall provide 24x7 phone support to lab staff and healthcare technology management (HTM) staff, on-site service Monday-Friday 8am-6pm and guaranteed 98% uptime. The service agreement should also include all parts, labor, and travel, of the annual preventative maintenance of the equipment to be performed by a field service engineer. Any and all software upgrades, vulnerability patches and security updates shall be covered and performed by a field service engineer, including any required Microsoft patches. This will ensure the VA has a fully operational SARS-COV-2 and Influenza test system that will allow for rapid onsite testing. Scope: The scope of this requirements includes all VISN 01, VISN 02, VISN 04, and VISN 05 facilities as outlined below as well as any respective Community Based Outpatient Centers (CBOCs) associated with the main medical centers: VA Maine Healthcare System 1 VA Center Augusta, ME 04330 Bedford VA Medical Center 200 Springs Road Bedford, MA 01730 White River Junction VA Medical Center (215 North Main Street White River Junction, VT 05009) VA Boston Healthcare System Jamaica Plain Campus 150 South Huntington Ave Jamaica Plain, MA 01230 VA Boston Healthcare System West Roxbury Campus 1400 VFW Parkway West Roxbury, MA 02132 VA Boston Healthcare System Brockton Campus 940 Belmont Street Brockton, MA 02301 Manchester VA Medical Center 718 Smyth Road Manchester, NH 03104 Providence VA Medical Center 830 Chalkstone Ave Providence, RI 02908 VA Connecticut Healthcare System West Haven Campus 950 Campbell Ave West Haven, CT 06516 VA Connecticut Healthcare System Newington Campus 555 Willard Ave Newington, CT 06111 VA Central Western Massachusetts 421 North Main Street Leeds, MA 01053 VISN 01 Northport 79 Middleville Rd. Northport, NY 11768 Hudson Valley 41 Castle Point Rd. Wappingers Falls, NY 12590 Hudson Valley 2094 Albany Post Rd. Montrose, NY 10548 Bronx 130 W Kingsbridge Rd. Bronx, NY 10468 East Orange 385 Tremont Ave East Orange, NJ 07018 Manhattan 423 E 23rd St New York, NY 10010 Brooklyn 800 Poly Pl Brooklyn, NY 11209 Albany 113 Holland Ave. Albany, NY 12208 Syracuse 800 Irving Ave Syracuse, NY 13210 Buffalo 3495 Bailey Ave Buffalo, NY 14215 Rochester 260 calkins Rd Rochester, NY 14623 Lyons VA Medical Center 151 Knoll croft Rd Lyons, NJ 07939 VA Medical Center-Bath 76 Veterans Ave Bath, NY 14810 Canandaigua VA Medical Center 400 Fort Hill Ave Canandaigua, NY 14424 VISN 02 James E. Van Zandt VA Medical Center - Altoona, PA 2907 Pleasant Valley Boulevard Altoona, PA 16602 VA Butler Healthcare 353 North Duffy Road Butler, PA 16001 Coatesville VA Medical Center 1400 Black Horse Hill Road Coatesville, PA 19320 Erie VA Medical Center 135 East 38th Street Erie, PA 16504 Lebanon VA Medical Center 1700 South Lincoln Avenue Lebanon, PA 17042 VA Pittsburgh Healthcare System- University Drive University Drive C Pittsburgh, PA 15240 H. John Heinz III Department of Veterans Affairs Medical Center 1010 Delafield Road Pittsburgh, PA 15240 Corporal Michael J. Crescenz VA Medical Center - Philadelphia, PA 3900 Woodland Avenue Philadelphia, PA 19104 Wilkes-Barre VA Medical Center 1111 East End Blvd. Wilkes-Barre, PA 18711 Wilmington VA Medical Center 1601 Kirkwood Highway Wilmington, DE 19805 VISN 04 VA Maryland Healthcare System 10 N Greene St. Baltimore, MD 21201 Perry Point VA Medical Center 515 Broad St Perry Point, MD 21902 Loch Raven Medical Center 3901 The Alameda Baltimore, MD 21218 Beckley VA Medical Center 200 Veterans Ave Beckley, WV 25801 Louis A. Johnson Medical Center 1 Medical Center Drive Clarksburg, WV 26301 Hershel Woody Williams VAMC 1540 Spring Valley Drive Huntington, WV 25704 Martinsburg VA Medical Center 510 Butler Avenue Martinsburg, WV 25405 Washington DC VA Medical Ctr 50 Irving Street NW Washington, DC 20422 VISN 05 Systems to be Covered The systems to be covered and supported by this requirement includes all VISN 01, VISN 02, VISN 04, and VISN 05 facilities current Cepheid inventory which includes various models of the GenExpert, Infinity, and Clia Waved devices as well as any future procured devices from Cepheid as detailed on the price list. Period of Performance The intent of the Government is to establish a Blanket Purchase Agreement (BPA) with a period of performance of 12 months from the date of award with additional four 12-month option periods for a total of five years from the date of award. This BPA is to have firm fixed pricing per the price schedule in this solicitation. Services The contractor shall provide 24x7 phone support to lab staff and clinical engineering staff, on-site service Monday-Friday 8am-6pm and guaranteed 98% uptime. The service agreement should also include all parts, labor and travel, the annual preventative maintenance to be performed by a field service engineer. Any and all software upgrades, vulnerability patches and security updates shall be covered a performed by field service engineer, including any required Microsoft patches. Before arriving on station both the lab supervisor and clinical engineering staff shall be notified. All documentation of service shall be reported to both the lab supervisor and clinical engineering staff within 48 working hours of service. Support and Maintenance Annual Technical Support provides the VA with the ability to call the contractor s support desk or email to report problems, receive technical support, and answer any questions about the optometry equipment. The Contractor will provide the HTM Service at the VA with a report of all work completed on the equipment listed above within a reasonable timeframe. The Contractor will supply any mobile media used to support the equipment listed above to the HTM Service at the VA prior to connecting it to the equipment for servicing in order to be scanned for malware, spyware, or viruses. Software Updates The Contractor will provide software updates related to safety and quality, as well as new versions and fixes/enhancements as needed. Hard Drive Restrictions The Contractor will not remove the hard drive, used to store patient information, from the location listed above. The hard drive will remain the property of the VA. This includes both the initial hard drive and any subsequently installed hard drives. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE 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. 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. The A&A requirements do not apply, and a Security Accreditation Package is not required. 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 COTR. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE 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. 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. Biomedical 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: Vendor must accept the system without the drive. 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 VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. 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. 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 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. 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. SECURITY INCIDENT INVESTIGATION 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. 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. 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. 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 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. 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. Each risk analysis shall address all relevant information concerning the data breach, including the following: Nature of the event (loss, theft, unauthorized access). Description of the event, including: date of occurrence. data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code. Number of individuals affected or potentially affected. Names of individuals or groups affected or potentially affected. 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. Amount of time the data has been out of VA control. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons). Known misuses of data containing sensitive personal information, if any. Assessment of the potential harm to the affected individuals. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate: and 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. 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: Notification. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports. Data breach analysis. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and 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-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. TRAINING 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: 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. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and 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.] 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. 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.