36C10B25Q0157.docx

Relocation of Sensitive Equipment:

Oracle Health Forward Deployed Solution Sets (FDSS)

< VA-25-00022385>

GENERAL INFORMATION

SET-ASIDE

Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

POINT OF CONTACT*

Contract Specialist:

Ivan Varela ivan.varela@va.gov

(848) 377-5328

PLACE OF PERFORMANCE

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

Sources Sought Notice Sources Sought Notice

DESCRIPTION

Sources Sought Notice

Please find all the pertinent information pertaining to this Request for Information (RFI) below.

REQUEST FOR INFORMATION (RFI)

INDRODUCTION: THIS IS NOT A SOLICITATION. This RFI is issued for information and planning purposes only, do not submit a proposal. There is no obligation for the Government to acquire any products or services described in this RFI. No funds have been authorized, appropriated, or received for this effort. The information provided may be used by the Department of Veterans Affairs (VA) in developing its acquisition strategy and Performance Work Statement (PWS). Interested parties are responsible for adequately marking proprietary, restricted or competition sensitive information contained in their response. The Government does not intend to pay for the information submitted in response to this RFI.

BACKGROUND

The Veterans Health Administration (VHA) Healthcare Environmental and Facilities Program (HEFP) is seeking a contract to provide “white glove” FDSS relocation services. This equipment is impacting the on-going construction of the facility’s data center. The Contractor shall provide nationwide white glove relocation services; aligning FDSS relocations with on-going construction schedules and VA Medical Center operations. Due to the operational nature of the equipment and facilities that it supports, downtime for relocation will be scheduled after normal working hours; typically on weekends.

The list of currently known locations for relocation of servers is provided as an excel attachment hereto. Please note, that this list is not all inclusive and covers the currently known locations for relocation efforts.

QUESTIONS AND CRITICAL CONSIDERATIONS FOR INTERESTED CONTRACTORS

Responses are solely treated as information for the Government to consider. Direct or indirect costs incurred in response to this RFI are at the expense of the vendor, not the Government. In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the Government to form a binding contract. Any contract that might be awarded based on information received or derived from this RFI will be the outcome of a competitive process.

It is requested that all companies interested in participating in this effort to note their interest and respond to the areas identified in the “Capabilities Statement” and “General Questions” sections below. Provide a summary of your technical approach to meet each functional requirement.

Capabilities Statement There is no page limitation to responses.

1. Provide Point of Contact information (name, email address, address, telephone, and fax numbers).

2. Please identify your company’s size status based upon the applicable NAICS code of 484210. If in responding to this RFI, you believe another NAICS code should be applicable, please identify the NAICS code you consider appropriate for this effort along with detailed supporting rationale.

3. Please provide details regarding proposed joint ventures, teaming arrangements, strategic alliances or other business arrangements to satisfy requirements of the “Draft” Performance Work Statement (PWS). Small businesses are encouraged to identify teams whereby each team member is considered small business based upon the proposed North American Industrial Classification System (NAICS) code of 484210 to support set-aside considerations.

4. Please indicate whether you provide white-glove relocation services for FDSS servers (specifically Oracle servers and racks).

5. Contract Vehicle, e.g., GWACs, GSA Federal Supply Schedule, NASA SEWP, T4NG, etc.

General Questions The page limit for responses in this section is 3 pages.

1. Please provide positive or negative feedback regarding the PWS, such as recommended changes, noted exceptions, ambiguities, etc.

2. Please identify any requirements that are significantly, and possibly unnecessarily, restricting.

RESPONSE SUBMISSION

Please submit responses via email to Ivan Varela, Contract Specialist at ivan.varela@va.gov by 1:00 pm Easter Standard Time, February 13th, 2025. VA reserves the right to not reply to any emails, responses, and/or materials submitted.

DISCLAIMER

This RFI is issued solely for information and planning purposes only and does not constitute a solicitation. All information received in response to this RFI that is marked as proprietary will be handled accordingly. In accordance with 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 associated with responding to this RFI.

Sources Sought Notice Sources Sought Notice

Sources Sought Notice

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PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration Healthcare Environment and Facilities Programs, Special Engineering Projects

Relocation of Sensitive Equipment:

Oracle Health Forward Deployed Solution Sets (FDSS)

Date: 11/18/2024

< VA-25-00022385>

PWS Version Number: 1.1

Revised according to the new information added within current Version 24 of the PWS Template in Section 6.1.10, “Software and Licensing Requirements” and Notes to the CO Section

This Temporary version is to be used until the next PWS Template update is released.

Green Highlighting is used for emphasis to identify the new Licensing language in Section 6.1.10 and Notes to the CO Section

Contents

BACKGROUND

The Veterans Health Administration (VHA) Healthcare Environmental and Facilities Program (HEFP) is seeking a contract to provide “white glove” FDSS relocation services. This equipment is impacting the on-going construction of the facility’s data center. The Contractor shall provide nationwide white glove relocation services; aligning FDSS relocations with on-going construction schedules and VA Medical Center operations. Due to the operational nature of the equipment and facilities that it supports, downtime for relocation will be scheduled after normal working hours; typically on weekends.

APPLICABLE DOCUMENTS

In the performance of the tasks associated with this Performance Work Statement, the Contractor shall comply with the following:

1. 44 U.S.C. § 3541-3549, “Federal Information Security Management Act (FISMA) of 2002”

2. “Federal Information Security Modernization Act of 2014”

3. Federal Information Processing Standards (FIPS) Publication 140-2, “Security Requirements for Cryptographic Modules”

4. FIPS Pub 199. “Standards for Security Categorization of Federal Information and Information Systems,” February 2004

5. FIPS Pub 200, “Minimum Security Requirements for Federal Information and Information Systems,” March 2006

6. FIPS Pub 201-2, “Personal Identity Verification of Federal Employees and Contractors,” August 2013

7. 10 U.S.C. § 2224, "Defense Information Assurance Program"

8. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

9. Public Law 109-461, Veterans Benefits, Health Care, and Information Technology Act of 2006, Title IX, Information Security Matters

10. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

11. VA Directive 0710, “Personnel Security and Suitability Program,” June 4, 2010, https://www.va.gov/vapubs/index.cfm

12. VA Handbook 0710, “Personnel Security and Suitability Program,” May 2, 2016, https://www.va.gov/vapubs/index.cfm

13. Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004

14. VA Directive 6500, “VA Cybersecurity Program,” February 24, 2021

15. VA Handbook 6500, “Risk Management Framework for VA Information Systems VA Information Security Program,” February 24, 2021

16. VA Handbook 6500.2, “Management of Breaches Involving Sensitive Personal Information (SPI),” March 12, 2019

17. VA Handbook 6500.5, “Incorporating Security and Privacy into the System Development Lifecycle,” March 22, 2010

18. VA Handbook 6500.6, “Contract Security,” March 12, 2010

19. VA Directive 6508, “Implementation of Privacy Threshold Analysis and Privacy Impact Assessment,” October 15, 2014

20. VA Handbook 6508.1, “Procedures for Privacy Threshold Analysis and Privacy Impact Assessment,” July 30, 2015

21. VA Handbook 6510, “VA Identity and Access Management,” January 15, 2016

22. VA Directive 0735, “Homeland Security Presidential Directive 12 (HSPD-12) Program,” October 26, 2015

23. VA Handbook 0735, “Homeland Security Presidential Directive 12 (HSPD-12) Program,” March 24, 2014

24. OMB Memorandum 05-24, “Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors,” August 5, 2005

25. OMB Memorandum M-19-17, “Enabling Mission Delivery Through Improved Identity, Credential, and Access Management,” May 21, 2019

26. OMB Memorandum, “Guidance for Homeland Security Presidential Directive (HSPD) 12 Implementation,” May 23, 2008

27. Federal Identity, Credential, and Access Management (FICAM) Roadmap and Implementation Guidance, December 2, 2011, (NOTE: Part A of the FICAM Roadmap and Implementation Guidance, v2.0, was replaced in 2015 with an updated Architecture (https://arch.idmanagement.gov/#what-is-the-ficam-architecture)

28. NIST SP 800-116 Rev 1, “Guidelines for the Use of Personal Identity Verification (PIV) Credentials in Facility Access,“ June 2018

29. NIST SP 800-63-3, 800-63A, 800-63B, 800-63C, “Digital Identity Guidelines,” updated March 02, 2020

30. NIST SP 800-157, “Guidelines for Derived PIV Credentials,” December 2014

31. NIST SP 800-164, “Guidelines on Hardware-Rooted Security in Mobile Devices (Draft),” October 2012

32. Draft National Institute of Standards and Technology Interagency Report (NISTIR) 7981, “Mobile, PIV, and Authentication,” March 2014

33. VA Memorandum, VAIQ #7100147, “Continued Implementation of Homeland Security Presidential Directive 12 (HSPD-12),” April 29, 2011 (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514)

34. IAM Identity Management Business Requirements Guidance document, May 2013, (reference Enterprise Architecture Section, PIV/IAM (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514)

35. VA Memorandum “Personal Identity Verification (PIV) Logical Access Policy Clarification,” July 17, 2019, https://www.voa.va.gov/DocumentView.aspx?DocumentID=4896

36. Trusted Internet Connections (TIC) 3.0 Core Guidance Documents, https://www.cisa.gov/publication/tic-30-core-guidance-documents

37. VA Directive 0058, “VA Green Purchasing Program,” July 19, 2013

38. VA Handbook 0058, “VA Green Purchasing Program,” July 19, 2013

39. Social Security Number (SSN) Fraud Prevention Act of 2017

SCOPE OF WORK

1. The Contractor shall provide white glove services to the site identified in the Blanket Purchase Agreement (BPA) call/order to move Oracle Health FDSS racks and equipment to a new location in support of construction activities.

2. Contractor shall provide services including consultation, planning, and coordination with each site as identified in the BPA call/order. The Contractor shall communicate, and coordinate move activities with the VA Medical Center Facilities Management Service (FMS), Office of Information Technology (OIT), and Contracting Officer Representative (COR).

3. Contractor shall coordinate and assist with the disconnect and disassembly of the FDSS at the specified location, and rack/stack, connect, test, and operationalize the FDSS at the new location.

4. Contractor shall provide all labor, materials, and equipment needed to move Oracle Health FDSS racks and equipment.

5. Contractor shall coordinate with the VA Medical Center FMS and OIT before they physically move the FDSS racks and other associated heavy loads. Upon completion of the move and establishment of all required connections, the Contractor shall provide an FDSS Equipment Connection Acceptance Memo signed by FMS and OIT Project Managers.

6. Contractor shall collaborate with FMS and OIT at the site to identify schedule and construction constraints. Contractor shall collaborate with team to maintain IT operational readiness.

7. The Government shall provide a Site Plan, Data Center Layout, and description of Planned Move Events with each BPA Call/Order.

PERFORMANCE DETAILS

1.1 PERFORMANCE PERIOD

The PoP shall be a base period of twelve months with four (4) twelve-month option periods, and an up to six month option period pursuant to FAR 52.217-8. Planned move activities are typically scheduled for Saturday and Sunday. Coordination with national OIT, local OIT, Facilities Management Service, the Construction Contractor, and other “white glove” service movers working in the same space is required. The Government shall provide a Site Plan, Data Center Layout, and description of Planned Move Events with each Call Order.

There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

Under current definitions, four are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

The other six are set by a day of the week and month:

1.2 PLACE OF PERFORMANCE

Tasks under this PWS shall be performed in VA Medical Centers in the United States, including Alaska, Hawaii, Guam, and other remote locations. Work may be performed at remote locations with prior concurrence from the Contracting Officer’s Representative (COR).

1.3 TRAVEL

The Government anticipates travel under this effort to perform the tasks associated with the effort, as well as to attend program-related meetings or conferences throughout the PoP. Include all estimated travel costs in your firm-fixed price line items. These costs will not be directly reimbursed by the Government.

The total estimated number of trips in support of the program related meetings for this effort is 60 per year, estimated at 4 days in duration (including travel).

SPECIFIC TASKS AND DELIVERABLES

5.1 WHITE GLOVE RELOCATION SERVICES OF ORACLE HEALTH FDSS RACKS

Contractor shall coordinate and assist with the disconnect and disassembly of the FDSS at the specified location, and rack/stack, connect, test, and operationalize the FDSS at the new location.

Contractor shall provide all labor, materials, and equipment needed to move Oracle Health FDSS racks and equipment.

For the purpose of this contract, a relocation is defined as a move from one location to another on the same VA Medical Center campus. It is anticipated that a series of moves may be needed at some location. Typically, this would include a first move to an interim or temporary location and then a second move to the permanent location. This scenario would require two separate moves.

5.2 LOCATIONS

It is anticipated that the Contractor shall execute up to 60 moves per year. The move occur within the same building or from one building to another on the same campus. The list of anticipated locations is attached.

Contractor shall coordinate with the VA Medical Center FMS and OIT before they physically move the FDSS racks and other associated heavy loads. Upon completion of the move and establishment of all required connections, the Contractor shall provide an FDSS Equipment Connection Acceptance Memo signed by FMS and OIT Project Managers.

5.2.1 MOVES:

CLIN 001: Move for one (1) Oracle Health FDSS cabinet, servers, and equipment. A move shall include the services listed above in paragraph 5.1 and all associated travel costs.

CLIN 002: Move for two (2) Oracle Health FDSS cabinets, servers, and equipment. A move shall include the services listed above in paragraph 5.1 and all associated travel costs.

CLIN 003: Move for three (3) Oracle Health FDSS cabinets, cabinet, servers, and equipment. A move shall include the services listed above in paragraph 5.1 and all associated travel costs.

PROJECT MANAGEMENT

1.4 CONTRACTOR PROJECT MANAGEMENT PLAN

Contractor shall provide a Project Management Plan describing how call orders shall be resourced with the associated timelines.

For each BPA call issued, the Contractor shall provide the specific deliverables described in the BPA, within the performance period stated. Specific sub-tasks and associated deliverables will be identified in each BPA call.

1.5 DELIVERABLES AND REPORTING REQUIREMENTS

a. Meeting Minutes: Due five (5) workdays after meeting.

b. Project Management Plan and Updates: Due thirty (30) workdays after DAC and updated quarterly thereafter.

c. Monthly Progress Report (including completed and projected moves): Due the 5th day of each month.

d. Move Schedule for each Call Order in Alignment with General Contractor: Due ten (10) days after call order and updated weekly thereafter.

e. FDSS Equipment Connection Acceptance Memo signed by FMS and OIT Project Managers: Due five (5) days after completion of call order.

The contractor shall provide program management, tracking and reporting for all BPA calls. The contractor shall hold regular meetings to ensure strong communication and coordination of activities with relevant stakeholders.

Unless otherwise specified in an individual BPA call, the following schedule requirements apply: Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 10 workdays from date of receipt. The contractor shall have 10 workdays to deliver the final deliverable from date of receipt of the Government’s comments.

The contractor shall provide, via email, minutes of all government-contractor meetings. The contractor shall provide the draft minutes within 5 business days after completion of the meeting. Government will review draft minutes; make edits and return to Contractor. Contractor shall have 1 business day after receipt to finalize minutes and return to the Government.

The Contractor shall provide the COR with Monthly Progress Reports in electronic form in Microsoft Word and Project formats. The report shall include detailed timelines for completed and projected moves. These reports shall reflect data as of the last day of the preceding Month.

GENERAL REQUIREMENTS

1.6 PLACE OF PERFORMANCE

The primary place of performance will be at the VA Medical Center or location specified in each call. A list of anticipated locations is attached.

SECURITY AND PRIVACY REQUIREMENTS

1.7 POSITION/TASK RISK DESIGNATION LEVEL(S)

In accordance with VA Handbook 0710, Personnel Security and Suitability Program, the position sensitivity and the level of background investigation commensurate with the required level of access for the following tasks within the PWS are: Tier 1, Low Risk.

Position Sensitivity and Background Investigation Requirements by Task

The Tasks identified above and the resulting Position Sensitivity and Background Investigation requirements identify, in effect, the Background Investigation requirements for Contractor individuals, based upon the tasks the particular Contractor individual will be working. The submitted Contractor Staff Roster must indicate the required Background Investigation Level for each Contractor individual based upon the tasks the Contractor individual will be working, in accordance with their submitted proposal.

1.8 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

1. The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain the appropriate Background Investigation, and are able to read, write, speak, and understand the English language.

Within 3 business days after award, the Contractor shall provide a roster of Contractor and Subcontractor employees to the COR to begin their background investigations in accordance with the PAL template artifact. The Contractor Staff Roster shall contain the Contractor’s Full Name, Date of Birth, Place of Birth, individual background investigation level requirement (based upon Section 6.2 Tasks), etc. The Contractor shall submit full Social Security Numbers either within the Contractor Staff Roster or under separate cover to the COR. The Contractor Staff Roster shall be updated and provided to VA within 1 day of any changes in employee status, training certification completion status, Background Investigation level status, additions/removal of employees, etc. throughout the Period of Performance. The Contractor Staff Roster shall remain a historical document indicating all past information and the Contractor shall indicate in the Comment field, employees no longer supporting this contract. The preferred method to send the Contractor Staff Roster or Social Security Number is by encrypted e-mail. If unable to send encrypted e-mail, other methods which comply with FIPS 140-2 are to encrypt the file, use a secure fax, or use a traceable mail service.

1. The Contractor should coordinate with the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized. The Contractor shall bring their completed Security and Investigations Center (SIC) Fingerprint request form with them (see paragraph d.4. below) when getting fingerprints taken.

b. The Contractor shall ensure the following required forms are submitted to the COR within 5 days after contract award:

1) Optional Form 306

2) Self-Certification of Continuous Service

3) VA Form 0710

4) Completed SIC Fingerprint Request Form The Contractor personnel shall submit all required information related to their background investigations (completion of the investigation documents (SF85, SF85P, or SF 86) utilizing the Office of Personnel Management’s (OPM) Electronic Questionnaire for Investigations Processing (e-QIP) after receiving an email notification from the Security and Investigation Center (SIC).

The Contractor employee shall certify and release the e-QIP document, print, and sign the signature pages, and send them encrypted to the COR for electronic submission to the SIC. These documents shall be submitted to the COR within 3 business days of receipt of the e-QIP notification email. (Note: OPM is moving towards a “click to sign” process. If click to sign is used, the Contractor employee should notify the COR within 3 business days that documents were signed via e-QIP).

1. The Contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

1. A Contractor may be granted unescorted access to VA facilities and/or access to VA Information Technology resources (network and/or protected data) with a favorably adjudicated Special Agreement Check (SAC), completed training delineated in VA Handbook 6500.6 (Appendix C, Section 9), signed “Contractor Rules of Behavior”, and with a valid, operational PIV credential for PIV-only logical access to VA’s network. A PIV card credential can be issued once your SAC has been favorably adjudicated and your background investigation has been scheduled by OPM. However, the Contractor will be responsible for the actions of the Contractor personnel they provide to perform work for VA. The investigative history for Contractor personnel working under this contract must be maintained in the database of OPM.

1. The Contractor, when notified of an unfavorably adjudicated background investigation on a Contractor employee as determined by the Government, shall withdraw the employee from consideration in working under the contract.

Failure to comply with the Contractor personnel security investigative requirements may result in loss of physical and/or logical access to VA facilities and systems by Contractor and Subcontractor employees and/or termination of the contract for default.

Identity Credential Holders must follow all HSPD-12 policies and procedures as well as use and protect their assigned identity credentials in accordance with VA policies and procedures, displaying their badges at all times, and returning the identity credentials upon termination of their relationship with VA.

Deliverable:

A. Contractor Staff Roster

1.9 METHOD AND DISTRIBUTION OF DELIVERABLES

The Contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include: Microsoft 365, MS Word 2000/2003/2007/2010/2019, MS Excel 2000/2003/2007/2010/2019, MS PowerPoint 2000/2003/2007/2010/2019, MS Project 2000/2003/2007/2010/2019, MS Access 2000/2003/2007/2010, MS Visio 2000/2002/2003/2007/2010/2019, AutoCAD 2002/2004/2007/2010, and Adobe Postscript Data Format (PDF).

1.10 PERFORMANCE METRICS

The table below defines the Performance Standards and Acceptable Levels of Performance associated with this effort.

The COR will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable level of performance. The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion.

1.11 FACILITY/RESOURCE PROVISIONS

The Contractor shall request other Government documentation deemed pertinent to the work accomplishment directly from the Government officials with whom the Contractor has contact. The Contractor shall consider the COR as the final source for needed Government documentation when the Contractor fails to secure the documents by other means. The Contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

ADDENDUM A – ADDITIONAL VA REQUIREMENTS, CONSOLIDATED

Physical Security & Safety Requirements:

The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

1. The Contractor and their personnel shall wear visible identification at all times while they are on the premises.

2. VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

3. Smoking is prohibited inside/outside any building other than the designated smoking areas.

4. Possession of weapons is prohibited.

5. The Contractor shall obtain all necessary licenses and/or permits required to perform the work, with the exception of software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

Confidentiality and Non-Disclosure The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

The Contractor may have access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”). Pursuant to the Privacy and Security Rules, the Contractor must agree in writing to certain mandatory provisions regarding the use and disclosure of PHI and EPHI.

1. The Contractor will have access to some privileged and confidential materials of VA. These printed and electronic documents are for internal use only, are not to be copied or released without permission, and remain the sole property of VA. Some of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

2. The VA CO will be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the VA CO for response.

3. Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices.

4. Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the VA CO.

5. Contractor shall train all of their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.

6. Contractor shall maintain physical security at all facilities housing the activities performed under this contract, including any Contractor facilities according to VA-approved guidelines and directives. The Contractor shall ensure that security procedures are defined and enforced to ensure all personnel who are provided access to patient data must comply with published procedures to protect the privacy and confidentiality of such information as required by VA.

7. Contractor must adhere to the following:

a. The use of “thumb drives” or any other medium for transport of information is expressly prohibited.

b. Controlled access to system and security software and documentation.

c. Recording, monitoring, and control of passwords and privileges.

d. All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.

e. VA, as well as any Contractor (or Subcontractor) systems used to support development, provide the capability to cancel immediately all access privileges and authorizations upon employee termination.

f. Contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination.

g. Acquisition sensitive information shall be marked "Acquisition Sensitive" and shall be handled as "For Official Use Only (FOUO)".

h. Contractor does not require access to classified data.

8. Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to strictly avoid any conflict of interest or even the appearance of a conflict of interest in VA/Contractor relationships.

9. VA Form 0752 shall be completed by all Contractor employees working on this contract, and shall be provided to the CO before any work is performed. In the case that Contractor personnel are replaced in the future, their replacements shall complete VA Form 0752 prior to beginning work.

ADDENDUM B – VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

APPLICABLE PARAGRAPHS TAILORED FROM: THE VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE, VA HANDBOOK 6500.6, APPENDIX C, MARCH 12, 2010

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. 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.

b. 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.

c. 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.

d. 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 (e.g. Business Associate Agreement, Section 3G), 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.

e. The Contractor or Subcontractor must notify the CO 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 CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.

VA INFORMATION CUSTODIAL LANGUAGE

1. 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 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).

2. 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 information is returned to 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.

3. 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 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 CO within 30 days of termination of the contract.

4. 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 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.

5. 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.

6. 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.

7. If a VHA contract is terminated for cause, the associated Business Associate Agreement (BAA) must also be terminated and appropriate actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

8. 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.

9. The Contractor/Subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA minimum requirements. VA Configuration Guidelines are available upon request.

10. 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 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 CO for response.

11. 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 CO for response.

12. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Assessment and Authorization (A&A) or a Memorandum of Understanding-Interconnection Security Agreement (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: N/A

INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE: N/A

SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The Contractor/Subcontractor shall immediately notify the 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.

b. To the extent known by the Contractor/Subcontractor, the Contractor/Subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/Subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the Contractor/Subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The Contractor, its employees, and its Subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor/Subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the Contractor/Subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the Contractor provides payment of actual damages in an amount determined to be adequate by the agency.

b. The Contractor/Subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

1) Nature of the event (loss, theft, unauthorized access);

2) Description of the event, including:

a) date of occurrence;

b) data elements involved, including…