VETERANS AFFAIRS, DEPARTMENT OF USA Tender

Sources Sought Notice this Is A Sources Sought Notice (ssn) Only. The U.s. Government Is Conducting Market Research Only To Determine The Availability Of Qualified Sources Capable Of Providing Stryker Neptune Full-service Maintenance And Repair Services For Stryker Neptune 3 And Stryker Neptune Docker Devices. Potential Contractors Are Invited To Provide A Response Via E-mail To Contract Specialist At Tracy.heath@va.gov By January 03, 2025, 15:00 (pt). Responses Will Be Used To Determine The Appropriate Strategy For A Potential Acquisition. Please Clearly Identify Any Information Your Company Considers Sensitive Or Proprietary. This Notice Is Issued Solely For Information And Planning Purposes - It Does Not Constitute A Request For Quotation (rfq), Or A Promise To Issue An Rfq In The Future. This Notice Does Not Commit The U.s. Government To Contract For Any Supply Or Service. Further, The U.s. Government Is Not Seeking Quotes, Or Proposals At This Time And Will Not Accept Unsolicited Quotes In Response To This Sources Sought Synopsis. The U.s. Government Will Not Pay For Any Information Or Administrative Costs Incurred In Response To This Notice. Submittals Will Not Be Returned To The Responder. Not Responding To This Notice Does Not Preclude Participation In Any Future Rfq, If Any Is Issued. background: The Contractor Shall Provide All Preventative Maintenance And On-site Repairs. Contractor Shall Ensure That All Units Are Fully Operational According To Manufacturer Specifications Prior To Departure. Contractor Shall Provide All Necessary Travel, Labor, Materials, Tools, Documentation, And Parts Required For The Inspection, Support, And Repair Of The Equipment Listed In The Schedule Of Equipment Below. naics: 811210, Electronic And Precision Equipment Repair And Maintenance interested Potential Contractors Please Provide The Following. 1) Company Name, Address, Point Of Contact, Phone Number, Email Address, And Duns please Indicate Business Size: small Disadvantage Business (sdb)____ 8(a)____ historically Underutilized Business Zone (hubzone)____ service-disabled Veteran-owned Small Business (sdvosb)____ veteran-owned Small Business (vosb)_____ economically Disadvantaged Women-owned Small Business (edwosb)_____ women-owned Small Business Concerns (wosb)_____ small Business_____ large Business_____ please State If You Possess A Federal Supply Schedule (fss)______. 2) Please Submit A Brief Capability Statement (maximum Three Pages) With Enough Information To Demonstrate To The Veterans Affairs That You Have The Enough Resources, Personnel, And Experience To Perform Full Preventative Maintenance And On-site Repairs Per The Manufacturer Specifications As Required In The Attached Draft Statement Of Work. **draft Statement Of Work statement Of Work 1. Contract Title stryker Neptune Service Contract For The Va Puget Sound Health Care System Seattle Campus 2. Background the Puget Sound Health Care System, Seattle Campus Requires On-site, Full-service Maintenance And Repair Services To Ensure The Stryker Neptune 3 And Stryker Neptune 2 Docker Devices Are Operating Suitably For Clinical Use. 3. Scope this Contract Includes All Parts And Services To Properly Provide Preventative Maintenance And On-site Repairs. Contractor Shall Ensure That All Units Are Fully Operational According To Manufacturer Specifications Prior To Departure. Contractor Shall Provide All Necessary Travel, Labor, Materials, Tools, Documentation, And Parts Required For The Inspection, Support, And Repair Of The Equipment Listed In The Schedule Of Equipment (section 4). 4. Specific Tasks schedule Of Equipment: item # system Name qty serial # 1 stryker Neptune 3 11 2421904073 2 stryker Neptune 2 Docker 2 2417328353 3 stryker Neptune S 3 tbd 4 stryker Neptune Sem Docker 1 tbd the Contractor Shall Perform The Following Tasks: 1. Procare Protect Corrective Maintenance stryker Shall Provide The Services For Equipment Set Forth In The Applicable Service Plan, Subject To The Limitations And Exclusions Contained Herein: an Unlimited Number Of Repairs Or Replacements Of The Equipment, Due To Damage Associated With Normal Use, And Wear, Including All Parts And Labor Associated With Mail-in Services repair Or Replacement Of Equipment At Stryker S Sole Discretion if Applicable, Loaner Equipment During The Period That Equipment Is In Stryker S Possession For Repair, Except That All Such Loaner Equipment Is Subject To Availability And Stryker S Loaner Policy all Freight Costs Associated With Shipments Of Repairs And Loaner Equipment To The Vapshcs prioritized Repairs Over Non-contracted Customers, With No Additional Administration Or Approval Process training To Participant Personnel And Surgeons In The Safe And Effective Use Of The Equipment other Assistance Reasonably Requested By Participant In Connection With The Equipment on Each Scheduled On-site Service Call, Stryker Personnel Will Inspect And Adjust Each Available Item Of Equipment As Required In Accordance With Stryker S Then-current Maintenance Procedures For The Equipment any Maintenance Service Call Scheduled Outside Of Stryker S Normal Working Hours, (monday Through Friday, 7:00 Am To 5:00 Pm Local Time, Excluding Federal Holidays) May Carry An Additional Charge. 2. Procare Prevent Preventative Maintenance procare Prevent Coverage. Stryker Shall Provide The Procare Protect Coverage For The Equipment Set Forth In The Applicable Service Plan, In Addition To The Services Below, Subject To The Limitations And Exclusions Contained Herein: on-site Preventative Maintenance Inspections And Associated Documentation (i.e., The Joint Commission, Cms Or Dnv Equipment Checklists), For The Equipment stryker May Perform Preventative Maintenance And Repairs At The Vapshcs Or At The Applicable Stryker Repair Facility In Stryker S Sole Discretion all Travel Expenses Associated With Scheduled Preventative Maintenance Inspections each Scheduled On-site Service Call, Stryker Personnel Will Inspect And Adjust Each Available Item Of Equipment As Required In Accordance With Stryker S Then-current Maintenance Procedures For The Equipment (the Preventative Maintenance ). The Contractor Shall Provide The Station Point Of Contact Reports For All Work Performed, As Outlined In The Delivery Schedule preventative Maintenance Inspections Will Be Scheduled By Vapshcs Or Stryker At A Mutually Agreed Upon Time With The Facility. Equipment Not Made Available At The Mutually Agreed Upon Time Will Be Serviced During The Next Scheduled Service Call Or At Another Specified Date preventative Maintenance Shall Be Performed By The Contractor At Intervals In Accordance With The Manufacturer S Recommendations, But No Less Than Annually any Maintenance Service Call Scheduled Outside Of Stryker S Normal Working Hours, (monday Through Friday, 7:00 Am To 5:00 Pm Local Time, Excluding Federal Holidays) May Carry An Additional Charge general Requirements it Shall Be Understood That, Throughout Performance Of The Contract, The Contractor S Personnel, While On Va Property, Shall Adhere To All Requirements And Regulations That Govern The Va Health Care System And Its Property. among All Other Requirements, The Va Health Care System And Its Property Are Now Entirely Smoke Free. the Contractor And Their Personnel Shall Follow All U.s. Department Of Veterans Affairs (va) Policies, Standard Operating Procedures, Applicable Laws, And Applicable Regulations While On Va Property. Violations Of This May Result In Citation And Disciplinary Measures For Persons Violating The Law. contractor And Their Personnel Shall Always Wear Visible Identification While They Are On Premises. possession Of Weapons Is Prohibited. contractor Shall Take All Reasonable Precautions Necessary To Protect Persons And Property From Injury Or Damage During The Performance Of This Contract. invoicing Submissions in Addition To Regulations Set Forth In Far 52.212-4 (contract Terms And Conditions Commercial Items) (g) Invoice And Vaar 852.232-72 (electronic Submission Of Payment Requests), Contractor Shall Submit Final Invoice On Any Services Performed No Later Than 30 Days After End Of The Period Of Performance Of Contract. This Ensures That Closeout Of Contracts Follows Far 4.804-1(b). 6. Performance Monitoring the Contractor Shall Be Monitored By The Station Point Of Contact Or Their Designee. The Station Point Of Contact Shall Submit An Annual Performance Evaluation To Network Contracting Office 20 Summarizing The Performance Viewed Over The Period Of Performance. 8. Other Pertinent Information Or Special Considerations all Contractor Personnel Must Have At Least Two Years Of Field Experience As A Field Service Engineer Or Meet Oem Standards For A Fully Qualified Field Service Engineer To Perform Maintenance On The Equipment. No Subcontracting Is Authorized For This Contract. contractor Must Provide, Upon Request, Documentation Of Factory Certified Service/maintenance Training On The Specific Equipment Under The Terms Of This Contract. All Parts Used Shall Be Oem Parts Only. Reverse Engineered And/or Refurbished Parts Shall Not Be Utilized Under The Terms Of This Contract Without Explicit Permission, In Writing, From The Contracting Officer (co) After Co Consultation With Va Technical Representative (vatr). Subcontracting Of Any Ensuing Award Of This Solicitation Will Not Be Allowed Without Written Permission Of The Co. contractor Will Provide The Necessary Manpower And Supervision To Properly Execute The Preventative And Corrective Maintenance Of The Equipment Specified On Equipment List . the Station Point Of Contact Shall Conduct Routine Inspections, Product Sampling, And Monitoring Of Work While Contractor Is On Site. In The Event Of Any Concerns, The Station Point Of Contact Shall Notify Network Contracting Office 20 And Coordinate Addressing The Concerns. equipment May Be Added Or Deleted From The Service Contract As Needed Upon Modification By The Contracting Officer (co). Deleted Equipment Shall Be Credited In The Full Amount If Deleted Before Any Scheduled Maintenance Has Been Performed On It. 7. Risk Control vendor Must Coordinate With Station Point Of Contact For Access To The Seattle Campus. Once Vendor Completes The Service, They Must Check Out With Station Point Of Contact To Ensure That All Work Has Been Completed With No Issues. If Any Issues Arise The Station Point Of Contact Must Be Contacted. 8. Place Of Performance department Of Veterans Affairs puget Sound Health Care System seattle Division 1660 S. Columbian Way seattle, Wa 98108-1597 9. Period Of Performance. this Will Be A Single Award Firm Fixed Price Contract With One (1) Base Year And Up To Four (4) Option Years For This Contract: Base: 03/01/2025 02/28/2026 option Year 1: 03/01/2026 02/28/2027 option Year 2: 03/01/2027 02/29/2028 option Year 3: 03/01/2028 02/28/2029 option Year 4: 03/01/2029 02/28/2030 10. Delivery Schedule deliverable Title format calendar Days After Co Start full-service Report (fsr) For (3) Neptune S Rover 2pm Prevent Procare +sem contractor-determined Format; Comprehensive Service Report And Corrective And Preventative Maintenance Checklist within 24 Hours Of Service Completion, Email To Onsite Staff As Well As The Station Point Of Contact full-service Report (fsr) For (11) Neptune 3 Rover 2pm Prevent Procare +sem contractor-determined Format; Comprehensive Service Report And Corrective And Preventative Maintenance Checklist within 24 Hours Of Service Completion, Email To Onsite Staff As Well As The Station Point Of Contact full-service Report (fsr) For (3) Neptune 2 Docker 2pm Prevent Procare contractor-determined Format; Comprehensive Service Report And Corrective And Preventative Maintenance Checklist within 24 Hours Of Service Completion, Email To Onsite Staff As Well As The Station Point Of Contact monthly Report shows All The Work Accomplished Each Moth And All Work Planned To Be Accomplished In The Following Month. Identifies Unresolved Problems And Their Proposed Solution, As Well As Resolved Problems And The Steps Taken To Resolve Them. due The Last Day Of Each Month 11. Security Requirements the Contractor Employees Shall Not Have Access To Va Sensitive Or Computer Information And Will Not Require Routine Access To Va Facilities. The Contractor Employees Shall Require Intermittent Access Only And Will Be Escorted By Va Employees While At Va Facilities. No Background Investigation Is Required. access To Va Information And Info Systems 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. 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 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. va Information Custodial Language 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. 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. 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: (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. 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: (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 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: (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.] a. 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. b. 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. 12. Government-furnished Equipment (gfe)/government-furnished Information (gfi) no Gfe Or Gfi Shall Be Provided To The Contractor For The Performance Of This Contract. 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.