J065--New Base Quantum Heating Cooling Units Base Plus One

24 Page 1 of Page 1 of Page 1 of Page 1 of This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in the Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued. This solicitation is issued as a Request for Quote (RFQ). The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01, Effective March 13, 2026. This solicitation is unrestricted by business size. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519, and the PSC is Q702. The Government anticipates awarding a firm-fixed price service order from this solicitation. The Department of Veterans Affairs, Veterans Healthcare Administration, Regional Procurement Office West, Network Contracting Office 20, on behalf of the Puget Sound VA Health Care System, requires an automation on-site administrator for all Omnicell pharmacy automation equipment in accordance with the below Statement of Work. All interested companies shall provide the following: Price/Cost Schedule: Prism part are provided for reference:  Line Item    Quantity Total 1 Quantum Heating Cooling service in accordance with the Statement of Work Base Year YR 1 2 Quantum Heating Cooling service in accordance with the Statement of Work Option Year One YR 1 TOTAL Base Year Period of Performance to commence as soon after award as practicable, but not to exceed 14 days. Subsequent Option Years will have Periods of Performance that follow the Base Year. Statement of Work: Background: Spectrum Medical s Quantum Heating/Cooling units are used to provide a consistent safe body temperature for patients during perfusion procedures. Each of the components covered in this contract have a specific and vital function in the operation and optimization of the Quantum heating/cooling unit to provide efficient and effective patient care. Scope of Work: The contractor shall provide all resources necessary to provide service coverage for the heating/cooling unit and any ancillary equipment needed to accomplish emergency (unscheduled) and preventative maintenance inspections and/or repairs for equipment. The contractor ensures the proper functioning and safety of the equipment at the completion of inspection/repairs. The contractor is expected to have the system functioning at an uptime of 97% and higher for the coverage of the equipment. Performance Period: The period of performance of the contract is for 12 months from the date of the award plus one (1) additional option year. Work at the government site shall not take place on Federal holidays or weekends unless preapproved in writing by the Contracting Officer. Type of Contract: Firm Fixed Price single-year full-service maintenance and repair Place of Performance: VA Portland Healthcare System Portland, Oregon; Vancouver, Washington Operative Care Performance Tasks: General Requirements: Contractor shall provide all parts, labor, transportation, and supervision to perform emergency (unscheduled) and preventative maintenance inspections and repairs of the equipment and software. A Field Service Report (FSR) shall be generated, and a copy given to the VA Portland s Point of Contact (POC) or designee after completion of any maintenance events. It is preferred that this FSR be provided electronically if possible. The contractor s representative shall coordinate all on-site work with the medical center POC prior to performing service at the VA Portland Hospital. Specific Mandatory Tasks and Associated Deliverables: Preventative Maintenance (PM): Preventative maintenance (PM) shall be performed by factory-trained and authorized service representatives or service technicians. All PM services shall be performed during normal business hours (8:00am to 5:00pm) and any deviations must be requested with the POC and approved by the Contracting Officer. If non-standard hours are necessary for PM, the Government will provide access during non-standard hours to the clinical area. Contractor shall include non-standard hours for PM at no additional cost to the Government. PM inspections frequency will depend upon system configuration and will be determined following an initial inspection. During the PM visit, the Contractor shall perform preventative maintenance to correct any equipment malfunctions and assure that the equipment meets manufacturer s factory specifications. Any calibration procedures or adjustments necessary to assure accurate and reliable equipment operation shall be performed at this time. Preventative maintenance shall be performed in accordance with the original equipment manufacturer s published procedural guidelines. The Contractor shall contact the POC no later than ten (10) workdays prior to a scheduled service visit to confirm availability of the equipment. The Contractor shall provide telephone support services with unlimited telephone support. Priority scheduling of on-site service requirements with minimized delay of patient services will be required. Emergency Service Calls: Contractor shall provide on-site emergency field service support for the covered equipment for issues that cannot be resolved by telephone or through remote support. Emergency field service support includes non-standard business hours coverage. To qualify as an emergency service event, Customer must declare the equipment down, cease treatment and make the equipment available to contractor service personnel immediately. For each emergency service visit initiated at the request of the POC or designee, the Contractor shall furnish all labor, material, repair parts, equipment (not to include operating supplies) and travel necessary to correct any equipment malfunctions and return equipment to operational condition. The Contractor shall guarantee that, at the conclusion of any emergency maintenance performed, the equipment will meet manufacturer s factory specifications. Unlimited emergency service calls are provided during the annual contract period. After each service call, the Contractor shall submit a list containing each part installed to the POC or designee. The Contractor shall provide the POC or the designee with any service representative names, address, and phone number, so that the VA Medical Center may obtain emergency maintenance service after normal VA working hours. The Contractor is responsible for notifying POC or the designee within twenty-four (24) hours of any changes in the emergency response information. Emergency service coverage shall be provided 24 hours per day, 7 days per week. Any service not covered under this contract must have prior approval of the Contracting Officer or designee before any work is performed. A two (2) hour response time is required. Response time is defined as time vendor is first notified until time vendor arrives on station. Telephone response is 15 minutes. Other included service: Contractor will perform all mandatory safety and reliability modifications for the covered equipment during standard business hours at mutually agreed upon dates and times. Contractor will provide all parts necessary to keep the covered equipment functioning normally. Contractor help desk specialists will provide technical support and clinical product support for the covered equipment over telephone and e-mail during standard business hours. Contractor will provide on-site field service support for the covered equipment during standard business hours and non-standard business hours for issues that cannot be resolved by telephone or through remote support. Contractor will undertake every business effort to transport the parts to customer site as fast as reasonably possible. Contractor will provide a discount from the published standard labor rate for any service performed that is not covered under the Service Level Agreement. Security: Contractor shall report to Biomedical Engineering Office to obtain vendor identification badging and to check in before being escorted to the clinical area for service. Schedule of Deliverables: Document of necessary repairs accomplished (service report) will be forwarded when the service is completed, and equipment is returned to use. This shall be completed within 14 days from completion of service. If the contractor requires a longer period to complete the service report, written justification shall be sent to the end user and Contracting Officer for approval. Changes to Statement of Work: Any changes to this SOW shall be authorized and approved only through written approval from the Contracting Officer (CO). A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor. Contractor Experience Requirements Key Personnel: Contractor personnel shall be authorized by the Original Equipment Manufacturer to service the equipment. All tasks shall be accomplished in accordance with the manufacturer s standards. Travel for Installation, Implementation and Training. The Government anticipates Contractor travel under this contract. No travel costs will be reimbursed by VA. Government Furnished Equipment/Information. The Contractor shall be allowed access to Government equipment to perform the necessary upgrades. No Government-owned property will be transferred into the Contractor s control. Invoicing. Invoices shall be submitted electronically via the Financial Services Center Mandatory Electronic Invoice System, upon VA acceptance. Invoices must include, at a minimum, the following information: Contractor name Purchase order number Period of service the billing covers a list of equipment items covered during the stated period of performance. This requirement is in accordance with VAAR 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 & Federal Holidays. Service will be provided during regular coverage hours of 8:00am to 5:00pm, Monday through Friday, excluding federal holidays. The contractor shall contact the POC or his/her designee prior to commencing any work on the premises. Federal Holidays are: New Years' Day Martin Luther King Day Presidents' Day Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day VA Information and Information System Security/Privacy Language 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. 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 voiceprint, or a photograph. 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 10 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 10 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. Information System Hosting, Operation, Maintenance, or Use For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor s security control procedures must be equivalent to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA s network involving VA information must be reviewed and approved by VA prior to implementation. 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. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. 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. 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. 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. 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: 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 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. 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 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 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. 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. The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 http://www.va.gov/oal/library/vaar/index.asp The following solicitation provisions apply to this acquisition: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM. FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)(DEVIATION OCT 2025) ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION AUG 2025) Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The version of FAR 52.212-1 in the addendum is tailored for Simplified Acquisition Procedures and supersedes the current version of FAR 52.212-1 contained in the FAR. The following provision is incorporated into 52.212-1 as an addendum to this solicitation: 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (DEVIATION AUG 2025) (a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include (1) The solicitation number; (2) The name, address, telephone number of the Offeror; (3) The Offeror s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator; (4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation; (5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and (6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments. (b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (c) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation. (2) Any offer, modification, or revision received after the time specified for receipt of offers is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. (3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (4) Offerors may withdraw their offers by written notice to the Government received at any time before award. (d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror s initial offer should contain the Offeror s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received. The following provisions are included: 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2024) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representations (JAN 2017) 52.204-7 System for Award Management (OCT 2018)(DEVIATION NOV 2025) 52.217-5 Evaluation of Options (JULY 1990)(DEVIATION NOV 2025) 52.222-48 Exemption from Application of the Service Contract Labor Standards (MAY 2014)(DEVIATION NOV 2025) 52.229-11 Tax on Certain Foreign Procurements Notice and Representation (JUN 2020)(DEVIATION SEP 2025) 52.252-1 Provisions Incorporated by Reference (FEB 1998) 852.215-72 Notice of Intent to Re-solicit (OCT 2019) 852.233-70 Protest Content/Alternate Dispute Resolution (OCT 2018) 852.233-71 Alternate Protest Procedure (SEP 2018) 852.239-71 Information System Security Plan and Accreditation (FEB 2023) 852.239-75 Information and Communication Technology Accessibility Notice (FEB 2023) The following clauses are included: 52.203-6 ALT I. Restrictions on Subcontractor Sales to the Government (NOV 2021) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025)(DEVIATION NOV 2025) 52.209-10 Prohibition of Contracting with Inverted Domestic Corporations (NOV 2015)(DEVIATION NOV 2025) 52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)(DEVIATION NOV 2025) 52.219-8 Utilization of Small Business Concerns (JAN 2025)(DEVIATION NOV 2025) 52.222-3 Convict Labor (JUN 2003)(DEVIATION NOV 2025) 52.222-35 Equal Opportunity for Veterans (JUNE 2020)(DEVIATION NOV 2025) 52.222-36 Equal Opportunity for Workers with Disabilities (JUNE 2020)(DEVIATION NOV 2025) 52.222-37 Employment Reports on Veterans (JUN 2020)(DEVIATION NOV 2025) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)(DEVIATION NOV 2025) 52.222-50 Combatting Trafficking in Persons (NOV 2021)(DEVIATION NOV 2025) 52.222-51 Exemption from Application of Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment (MAY 2014) 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 52.228-5 Insurance Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (FEB 2013)(DEVIATION SEP 2025) 52.232-33 Payment by Electronic Funds Transfer System for Award Management (OCT 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-3 Protest After Award (AUG 1996)(DEVIATION NOV 2025) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)(DEVIATION NOV 2025) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (NOV 2025) 52.252-2 Clauses Incorporated by Reference (FEB 1998) VAAR Clauses: 852.201-70 Contracting Officer s Representative (DEC 2022) 852.203-70 Commercial Advertising (MAY 2018) 852.204-70 Personal Identity Verification of Contractor Personnel (MAR 2026)(DEVIATION) 852.204-71 Information and Information Systems Security (FEB 2023) 852.204-72 Personnel Vetting and Credentialing (MARCH 2026) 852.222-71 Compliance with Executive Order 13899 (Deviation)(APR 2025) 852.232-72 Electronic Submission of Payment Requests (NOV 2018) 852.239-70 Security Requirements for Information Technology Resources (FEB 2023) 852.239-76 Information and Communication Technology Accessibility (FEB 2023) 852.242-71 Administrative Contracting Officer (OCT 2020) SUBMISSION INSTRUCTIONS a) Submissions of Offer: Offerors are required to submit their offer in response to this solicitation specifically tailored to the unique requirements of the Statement of Work. Please submit the quote to Krystal.Weeks@va.gov and nco20supplyteam2@va.gov by the time and date indicated on the face page of the solicitation document. Include the solicitation number in the Subject line. Any attachments must be readable using Microsoft Office or Adobe PDF. The size of the email is limited to 5 megabytes (MB), but multiple emails are allowable. Quotes must be submitted electronically and will not be accepted through fax or postal mail. b) Products/service capability description: Offerors shall provide confirmation from OEM that your company is an authorized provider for OEM services in accordance with the Statement of Work. c) Certification: Offer must demonstrate that personnel have the certification necessary to provide the services in accordance with the Statement of Work. d) Pricing: Complete the Pricing Table submitting a firm-fixed-price quote to include all costs associated with providing all line items listed. This should encompass labor, materials, travel, equipment, and any applicable fees. e) Required Submissions: Offers not providing the following may not be considered for award: 1. Signed Authorization from the OEM to distribute and install OEM equipment and parts, and software, 2. Evidence of ability to provide maintenance, repair, and software services as detailed in section b above, 3. If not local to the requisite service area, evidence detailing how and by whom all services in accordance with the Statement of Work will be made, Note: It is essential that all offerors follow these instructions in order to be considered for this award. Award will be based on a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of RFO FAR 12 between only those quotes submitted with all required submissions above. Options will be evaluated at the time of award. Submit offers to Krystal.Weeks@va.gov and nco20supplyteam2@va.gov via email referencing the solicitation number in the subject line. (f) Any award made as a result of this solicitation will be made on an All or Nothing Basis. (g) Offerors are warned against contacting any VA personnel other than the Contract Specialist prior to placement of any award made resulting from this RFQ. If such contact occurs and found to be prejudicial to competing contractors, the offeror making such contact may be excluded from award considerations. (End of Addendum to 52.212-1) FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (SEP 2023)(DEVIATION OCT 2025): In accordance with RFO FAR 12.201-1 and FAR 12.201-2 when appropriate, the contracting officers may (1) insert the provision at 52.212-2, Evaluation Commercial Products and Commercial Services, in solicitations for commercial products or commercial services. The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Offeror must show capability to comply with the requirements of the Statement of Work. Offeror must submit with quote all of the required documentation listed in Submission Instructions, Section e. Offeror must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/. 1. Price: The price will be evaluated based on the total of all contract line items including options. A price will be determined reasonable if, in its nature or amount, it does not exceed what would be incurred by a reasonably prudent person. *Adherence to the requirements of, and demonstrating capabilities to comply with, the Statement of Work is more important than price. Any offer not meeting these standards will not be evaluated for price. (a) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offeror's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. FAR 52.212-4, Contract Terms and Conditions Commercial Products (OCT 2018)(DEVIATION OCT 2025) To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Quoters shall list exception(s) and rationale for the exception(s), if any. Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed above.