Draft PD_Brand Name or Equal Qualtrics Survey Services and Brand Name or Equal Sestek Virtual Agent.pdf

PRODUCT DESCRIPTION (PD)

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration Employee Experience and Workforce Development

Orlando VA Medical Center

Brand Name or Equal Qualtrics Survey Services and Brand Name or Equal Sestek Virtual Agent

Date: November 3, 2026

VA-26-00082605

PD Version Number: 1.2

TAC Number: VA-26-00082605

1.0 PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Orlando VA Healthcare System (HCS) has a requirement for an integrated digital experience solution. The supplies and services to be procured are an integrated digital experience solution delivered as a managed cloud service within an approved Federal Risk and Authorization Management Program (FedRAMP) authorized environment.

Additionally, the integrated virtual-agent software shall provide the Orlando VA HCS with licensing, implementation, integration, and technical-account-management services to enhance Veteran self-service and related support functions. The Contractor shall provide a brand name or equal Qualtrics, FedRAMP-authorized platform and overall program management. The Contractor shall also provide a brand name or equal Sestek virtual agent that includes software licenses and hosting, implementation and integration services, technical account management, and ongoing support.

The Contractor shall implement and integrate the integrated solution with the brand name or equal Qualtrics EX platform, VA-Orlando-designed systems, and required third-party application programming interfaces (APIs). The Contractor shall provide dedicated technical-account-management services and ongoing support under a five-by-eight (5x8) Service-Level Agreement (SLA) and shall provide up to one billion brand name or equal OpenAI Large Language Model (LLM) tokens per contract year. The Contractor shall also provide Qualtrics-hosted FedRAMP-supported survey operations conducted through the Qualtrics environment that are consistent with the security and incident-reporting postures to include sample provision, respondent remuneration and redemption tracking, comma-separated values (CSV) data delivery, and regular reporting, as applicable to the approved scope. The integrated solution shall support up to 5,400 Orlando VA HCS users and employees. Performance and delivery shall be remote and conducted from within the approved FedRAMP-authorized boundary.

1.1 PERIOD OF PERFORMANCE

The period of performance shall include one 12-month base period and four (4) 12-month option periods, if exercised

1.2 BRAND NAME OR EQUIVALENT REQUIREMENTS

The following table contains the brand name products that the VA knows would meet the below salient characteristics (see Section 1.2). Should the Offeror propose “or equivalent” products, the Offeror shall demonstrate that the proposed product(s) meets the salient characteristics detailed in Sections 1.2.

Brand Name or Equal Qualtrics Platform & Brand Name or Qual Sestek Virtual Agent Requirements

Base Period Part Number OEM Description QTY

510458-611 Qualtrics FedRAMP EX Foundational Per Employee Tier 5001 - 10,000 Employees, 1 Year Term

5,400

CON Qualtrics Employee Experience (EX) Program Implementation 1

N/A Sestek

Sestek KnowVU Virtual Agent - software license, hosting, implementation / integration (operates within Qualtrics FedRAMP boundary)

Option Period One Part Number OEM Description QTY

510458-611 Qualtrics FedRAMP EX Foundational Per Employee Tier 5001 - 10,000 Employees, 1 Year Term

5,400

N/A Sestek

Sestek KnowVU Virtual Agent - software license, hosting, implementation / integration (operates within Qualtrics FedRAMP boundary)

Option Period Two Part Number OEM Description QTY

510458-611 Qualtrics FedRAMP EX Foundational Per Employee Tier 5001 - 10,000 Employees, 1 Year Term

5,400

N/A Sestek

Sestek KnowVU Virtual Agent - software license, hosting, implementation / integration (operates within Qualtrics FedRAMP boundary)

Option Period Three Part Number OEM Description QTY

510458-611 Qualtrics FedRAMP EX Foundational Per Employee Tier 5001 - 10,000 Employees, 1 Year Term

5,400

N/A Sestek

Sestek KnowVU Virtual Agent - software license, hosting, implementation / integration (operates within Qualtrics FedRAMP boundary)

Option Period Four Part Number OEM Description QTY

510458-611 Qualtrics FedRAMP EX Foundational Per Employee Tier 5001 - 10,000 Employees, 1 Year Term

5,400

N/A Sestek Sestek KnowVU Virtual Agent - software license, hosting, implementation / 1 integration (operates within Qualtrics FedRAMP boundary)

1.3 SALIENT CHARACTERISTICS

The Contractor’s integrated digital solution shall demonstrate the following salient characteristics at the time of award. If proposing an “or equal” integrated digital solution, please ensure it meets all salient characteristics provided below.

The Contractor’s software integrated digital solution shall demonstrate the following salient characteristics:

1. Brand name or equal FedRAMP authorized platform services operating within a brand name or equal Qualtrics approved secure environment

2. Brand name or equal Sestek cloud based Knovvu Virtual Agent capability operating within the brand name or equal Qualtrics approved FedRAMP authorized boundary

3. Software licenses and hosting for up to 5,400 Orlando VA HCS users/employees

4. Implementation and integration services connecting the Virtual Agent with the brand name or equal Qualtrics EX platform, VA Orlando designed systems, and required third party APIs

5. Survey-related support including sample/panel provision, respondent remuneration management, redemption tracking, CSV data delivery, and monthly reporting, as applicable to the approved scope

6. Dedicated technical account management

7. Ongoing support and maintenance under a 5x8 SLA

8. Capacity for up to 1,000,000,000 (one billion) OpenAI or equivalent large language model tokens per contract year

9. Encrypted transmission of all VA data using VA-approved cryptographic modules

10. Prohibition on transmission or storage of VA data outside the approved

FedRAMP-authorized boundary

11. Prohibition on disclosure, transmission, or storage of PII, PHI, or other patient/employee identifying information except as expressly authorized

12. Remote performance and delivery consistent with the security boundaries defined in this PD

2.0 SaaS FEDRAMP ASSESSMENT AND AUTHORIZATION AND CONTINUOUS

MONITORING REQUIREMENTS

2.1 IF THE SOLUTION IS NOT FEDRAMP AUTHORIZED:

1. The information system solution selected by the Contractor shall comply with the Federal Information Security Management Act (FISMA).

2. The Contractor shall comply with FedRAMP requirements at the <<Insert

Impact Level from the Data Security Categorization. This should be done by DTC>> Impact Level, as mandated by Federal laws and policies, https://www.fedramp.gov/ including making available any documentation, physical access, and logical access needed to support this requirement.

3. The Contractor shall provide a SaaS product as defined by the following criteria: Software as a Service (SaaS) is an application delivery model in which the application is hosted on a cloud infrastructure outside the security boundary of VA and is provided to the Cloud Service Customer (CSC) over the internet. The CSC uses the SaaS offering via a thin-client interface, such as a web-browser or a program interface. The CSC subscribes to the SaaS offering and is only responsible for minor in-app customizations. The Cloud Service Provider (CSP) offering the application is responsible for management of the application, safeguarding of data stored or processed by the application, and all elements of the underlying infrastructure. Additionally, the CSP is responsible for all on-going compliance. In order to qualify as SaaS for use at VA, and to align with Federal Risk and Authorization Management Program (FedRAMP) requirements, the hosting for the offering must conform to the NIST 800-145 definition of Cloud Computing and thus contain following key characteristics:

• On-Demand Self-Service: The CSP fully automates the provisioning of both the customer interface and the underlying cloud components of the SaaS offering. In some cases, to the CSP may provision internal resources manually, while providing the CSC an automated interface to request and track the service.

• Broad Network Access: The SaaS capabilities are available over the internet or over a network that is available from all access points the CSC requires. The SaaS offering is accessible through common platforms (e.g., mobile phones, tablets, laptops, and workstations).

• Resource Pooling: The computing infrastructure supporting the SaaS offering is shared among more than one CSC using a multi-tenant model, and resources are dynamically assigned depending on customer demand.

• Rapid Elasticity: Computing capabilities are automatically provisioned and released in a manner that scales with customer demand. In some cases, the scaling of resources may not be fully automated, but it should be fast enough to support the needs of the CSC, which the CSC would have to define.

• Measured Service: Resource usage, such as storage, processing, bandwidth, and user activity are measured and reported on in a manner that is relevant to the SaaS offering.

4. Following guidance from the Federal CIO, VA will utilize existing JAB ATO or agency ATO issued by another agency as a starting point for

FedRAMP requirements. If neither of those exist, VA will sponsor The Cloud Service Provider for a FedRAMP Authorization. VA will be using the FedRAMP baselines as a starting point, since they are specifically tailored for cloud services.

5. The Contractor shall, where applicable, assist with the VA ATO Process to help achieve agency authorization of the cloud service or migrated application at the impact level required by VA to utilize the product. For this solution the required impact level is: <<Insert Impact Level from the Data Security Categorization. This should be done by DTC>>.

6. The Contractor shall comply with FedRAMP requirements surrounding data location within the Continental United States. FedRAMP specifies data location requirements in the High Baseline as part of control SA-9 (5); however, FedRAMP does not provide or specify data location requirements for other baselines.

7. The Contractor shall complete a FedRAMP System Security Plan (SSP) and supporting documentation including required attachments.

8. The Contractor shall work with a VA DTC Subject Matter Expert to develop and provide a VA system boundary diagram including any integration and connectivity components for VA use. This will be known as the VA Implementation Diagram (VAID) and will demonstrate the proposed implementation of this system at VA.

9. The Contractor shall complete a Third-Party Assessment Organization (3PAO) Security Assessment Plan (SAP).

10. The Contractor shall complete a 3PAO Security Assessment Report (SAR).

11. If new or unanticipated vulnerabilities are discovered by either VA or the

Contractor, or if existing safeguards have ceased to function, the discoverer shall bring the situation to the attention of the other party within one hour in accordance with Addendum B, VA Information and Information System Security/Privacy Language.

12. The Contractor shall comply with FedRAMP data management requirements.

13. Successful issuance of a VA ATO will be required before live VA data can be used in the system.

14. The Contractor shall participate in FedRAMP Continuous Monitoring activities as outlined by FedRAMP’s Continuous Monitoring Strategy Guide found on the FedRAMP website.

15. The Contractor shall participate in monthly Agency and FedRAMP Sustainment meetings following the granting of a VA ATO.

16. The Contractor shall provide continuous monitoring activities including, but not limited to, scans, security artifacts, and provide Continuous Monitoring Monthly Scans and monthly Plan of Action and Milestones (POAM) reports as outlined by VA and FedRAMP requirements.

17. The Contractor shall provide a Monthly VA License Report of VA sites currently utilizing the cloud product post ATO award. The license report shall include the number of subscription licenses being utilized and the specific VA site where they’re in use.

Deliverables:

A. FedRAMP System Security Plan (SSP) and required Attachments B. VA Implementation Diagram C. 3PAO Security Assessment Plan (SAP) D. 3PAO Security Assessment Report (SAR) E. Plan of Action and Milestones Reports.

F. Monthly VA License Report

2.2 IF THE SOLUTION IS FEDRAMP AUTHORIZED BUT NOT VA

AUTHORIZED:

1. The information system solution selected by the Contractor shall comply with the Federal Information Security Management Act (FISMA)

2. The Contractor shall remain in compliance with FedRAMP requirements as mandated by Federal laws and policies, including making available any documentation, physical access, and logical access needed to support this requirement.

3. The system must be FedRAMP Authorized at no less than the <<Insert Impact Level from the Data Security Categorization. This should be done by DTC>>

4. The Contractor shall, where applicable, assist with the VA ATO Process to help achieve agency authorization of the cloud service or migrated application.

5. The Contractor shall provide confirmation of the completion of its FedRAMP System Security Plan (SSP) and supporting documentation by providing, to the VA PM, COR, and DTC, its repository ID number and associated link for VA to download the SSP and all required artifacts within five calendar days of contract award.

6. The Contractor shall work with a VA DTC Subject Matter Expert to develop and provide a VA specific system boundary diagram including any integration and connectivity components for VA use. This will be known as the VA Implementation Diagram (VAID) and will demonstrate the proposed implementation of this system at VA.

7. The Contractor shall provide the results of their most recent Third-Party Assessment Organization (3PAO) Security Assessment Plan (SAP).

8. The Contractor shall complete a 3PAO Security Assessment Report (SAR).

9. The Contractor shall provide VA with the most recent monthly scans for the production environment within the authorization boundary and their scan upload schedule for FedRAMP within 30 calendar days of contract award.

10. The Contractor shall provide their availability to participate in monthly continuous monitoring meetings to be scheduled following successful VA ATO within 30 calendar days of contract award.

11. If new or unanticipated vulnerabilities are discovered by either VA or the Contractor, or if existing safeguards have ceased to function, the discoverer shall bring the situation to the attention of the other party within one hour in accordance with Addendum B, VA Information and Information System Security/Privacy Language.

12. The Contractor shall comply with FedRAMP data management requirements.

13. Successful issuance of a VA ATO will be required before live VA data can be used in the system.

14. The Contractor shall participate in FedRAMP Continuous Monitoring activities as outlined by FedRAMP’s Continuous Monitoring Strategy.

15. The Contractor shall participate in monthly Agency and FedRAMP Sustainment meetings following the granting of a VA ATO.

16. The Contractor shall provide continuous monitoring activities including, but not limited to scans, security artifacts, and provide Continuous Monitoring Monthly Scans and monthly Plan of Action and Milestones (POAM) reports as outlined by VA and FedRAMP requirements.

17. The Contractor shall provide a Monthly VA License Report of VA sites currently utilizing the cloud product post ATO award. The license report

A. VA Implementation Diagram B. 3PAO Security Assessment Plan (SAP) C. 3PAO Security Assessment Report (SAR) D. Plan of Action and Milestones Reports E. Monthly VA License Report

2.3 IF THE SOLUTION IS FEDRAMP AUTHORIZED AND VA AUTHORIZED:

1. The information system solution selected by the Contractor shall comply with the Federal Information Security Management Act (FISMA) and have a current VA authorization.

2. The Contractor shall remain in compliance with FedRAMP requirements as mandated by Federal laws and policies, including making available any documentation, physical access, and logical access needed to support this requirement.

3. The FedRAMP Authorization level and existing VA ATO should be no less than the level required for this use case which has been defined as <<Insert Impact Level from the Data Security Categorization. This should be done by DTC>>.

4. The Contractor shall, where applicable, assist with the VA ATO Sustainment Process to help maintain health and quality of agency authorization of the cloud service or migrated application.

5. The Contractor shall exclusively provide subscription licenses to

FedRAMP authorized and VA authorized environments.

6. If new or unanticipated vulnerabilities are discovered by either VA or the

Contractor, or if existing safeguards have ceased to function, the discoverer shall bring the situation to the attention of the other party within one hour in accordance with Addendum B, VA Information and Information System Security/Privacy Language. VA Privacy and Security deliverables as directed by the VA System owner.

7. The Contractor shall comply with FedRAMP data management requirements.

8. Successful issuance of a VA ATO will be required before live VA data can be used in the system.

9. The Contractor shall participate in FedRAMP Continuous Monitoring activities as outlined by FedRAMP’s Continuous Monitoring Strategy Guide found on the FedRAMP Website.

10. The Contractor shall provide continuous monitoring activities including, but not limited to, scans, security artifacts, and provide Continuous Monitoring Monthly Scans and monthly Plan of Action and Milestones (POAM) reports as outlined by FedRAMP requirements.

11. The Contractor shall participate in monthly Agency and FedRAMP Sustainment meetings following the granting of a VA ATO.

12. The Contractor shall provide a Monthly VA License report of VA sites currently utilizing the cloud product post ATO award. The license report

A. Continuous Monitoring Monthly Scans B. Plan of Action and Milestones Reports.

C. Monthly VA License Report

3.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PROCUREMENTS (SECTION 508)

On January 18, 2017, the Access Board issued a final rule that updated accessibility requirements covered by Section 508 and refreshed guidelines for telecommunications equipment subject to Section 255 of the Communications Act. The final rule went into effect on January 18, 2018. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

3.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT.

These standards are found in their entirety at: Revised 508 Standards and 255 Guidelines (access-board.gov). A single PDF file version of the Revised Section 508 Standards and 255 Guidelines will be supplied upon request, or can be obtained from the Access Board website. Federal agencies must comply with the Rehabilitation Act of 1973, as amended.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

☒ E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)

☒ E204 Functional Performance Criteria ☐ E206 Hardware Requirements ☒ E207 Software Requirements ☒ E208 Support Documentation and Services Requirements

3.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

3.3 ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery.

The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

4.0 INFORMATION TECHNOLOGY USING SUSTAINABLE PRODUCTS

Not Applicable https://www.access-board.gov/ict/ https://www.access-board.gov/ict/

5.0 ELECTRONIC DELIVERY OF THE INTEGRATED DIGITAL EXPERIENCE

SOLUTION – FELICA.NEWSOME-DENT@VA.GOV

Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination

Ship To and Mark For:

Primary Alternate Name: Felica Newsome-Dent Name:

Address: 13800 Veterans Way

Orlando, FL 32827 Address:

Phone: 407-403-3563 Email: Felica.Newsome-Dent@va.gov Email:

6.0 GENERAL REQUIREMENTS

6.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall comply with the VA OIT Technical Reference Model (VA TRM).

Compliance with the VA TRM is achieved by using only technologies and standards that are listed as approved for use in the VA TRM. The Contractor shall provide all necessary information requested by VA to ensure TRM approval is obtained prior to use on VA’s network.

6.2 ZERO TRUST – VA CRITICAL SECURITY CONTROLS

VA has established minimum mandatory security requirements and requires that any network connected software system or service must meet the VA Critical Security Controls as outlined in the VA Memorandum, “VA Security Controls”, https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010. VA Critical Security Controls identify the minimum mandatory requirements that must be implemented across all VA enterprise infrastructure, cloud computing environments, information systems, networks, and specialized devices (medical devices/systems, special-purpose systems, and research scientific computing devices) that process, store, and/or transmit VA data. Effective July 1, 2025, the Contractor shall implement these VA Critical Security Controls, within any network connected software system or service prior to being authorized for use in the VA. This functional requirement is not negotiable, and Plan of Action & Milestones (POAM) will not be accepted in the event these controls cannot be implemented for new systems. Critical Security Controls are intended to increase VA’s security posture and provide security and privacy risk visibility into the VA network and is not a new requirement. The Contractor’s failure to maintain these VA Critical Controls after implementation will result in VA discontinuing the use of the system.

https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010

6.3 SOCIAL SECURITY NUMBER (SSN) REDUCTION

The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.

6.4 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support IPv6-Only based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). Which defines IPv6-only as the state of an operational system or service when IPv4 protocol functions (addressing, packet forwarding) are not in use. The NIST USGv6 profile defines technical requirements for a product to be capable of operating in IPv6-Only environments. IPv6-Only technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices, applications, and systems shall support all applicable functionality on native IPv6-Only as well as dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g., web, email, DNS, ISP services, etc.) shall support native IPv6-Only and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall support using native IPv6-Only and dual stack (IPv6 / IPv4) for all functionality and operations.

6.5 SOFTWARE AND LICENSING REQUIREMENTS

The Contractor shall be responsible for the provision of all software licenses and any associated licensing maintenance required for any development, delivery, integration, operation, and/or maintenance associated with its proposed application(s), software products, software solution, and/or system including, but not limited to, any and all application(s), software and/or software products that comprise, are a part of, or https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1 https://doi.org/10.6028/NIST.SP.500-267Br1 https://doi.org/10.6028/NIST.SP.800-119 integrate with the Contractor’s proposed application(s), software products, software solution, and/or system for the life of any resulting contract.

6.6 TRUSTED INTERNET CONNECTION (TIC)

The Contractor solution shall meet the requirements outlined in Office of Management and Budget Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative“ (https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf), VA Directive 6513 “Secure External Connections”, and shall comply with the TIC 3.0 Core Guidance Documents, including all Volumes and TIC Use Cases, found at the Cybersecurity & Infrastructure Security Agency (CISA) (https://www.cisa.gov/publication/tic-30-core-guidance-documents.)

6.7 GENERATIVE ARTIFICIAL INTELLIGENCE REQUIREMENTS

If Artificial Intelligence (AI) is part of the Contractor system/solution, the Contractor shall be in compliance with E.O. 13960 and 14319, OMB Memorandums M-25-21, M-25-22, and M-26-04, and VA Directive and Handbook 6500 to support VA in trustworthy, secure, responsible, accountable, Truth Seeking, and Ideologically Neutral AI innovation.

No web-based, publicly available generative AI service has been approved for use with VA-sensitive data including, but not limited to OpenAI’s ChatGPT, Microsoft’s Copilot, Google’s Gemini, and Anthropic’s Claude. No PII, protected health information (PHI), or VA-sensitive data should be entered into these unapproved services. The entire definition of VA Sensitive Data can be found at 38 U.S.C. § 5727 (23). The Contractor shall protect VA Sensitive data from unauthorized disclosure or use, and from being used to train or improve the functionality of the vendor's commercial offerings without express permission from VA. Only VA-hosted instances of generative AI services may be approved for use with VA-sensitive data.

The Contractor shall deliver the services, technical data, configurations, models, weights, documentation or other information, including source code, developed during contract performance. The Contractor, in collaboration with VA, must evaluate the output of any AI tool for accuracy prior to using the output in VA efforts. All data, including models, weights, algorithms, and outputs generated using either Government-furnished data or data first developed under this contract shall be the property of the Government with unlimited rights as defined by FAR 52.227-14. The Contractor shall also deliver any custom-developed code developed with AI methodologies in accordance with the SHARE IT Act, if applicable. VA shall also retain unlimited rights to any improvements to that data, including the continued design, development, testing, and operation of AI systems and/or systems utilizing AI.

The Contractor shall ensure that all AI Systems, including Large Language Models (LLM), whether standalone LLMs or integrated into broader software platforms, procured under this effort and/or used in performance of this contract complies with the https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf https://www.cisa.gov/publication/tic-30-core-guidance-documents

Unbiased AI Principles as defined in Executive Order 14319 and OMB Memorandum M- 26-04, e.g. Truth Seeking and Ideologically Neutral, as applicable to the intended use of the system.

The Contractor shall ensure that AI System/LLM generated outputs are truthful in responding to user prompts seeking factual information or analysis, prioritize historical accuracy, scientific inquiry, and objectivity, as well as acknowledge uncertainty where reliable information is incomplete or contradictory and do not fabricate, hallucinate, or present unverifiable information as fact.

The Contractor shall ensure that LLMs and AI outputs are neutral, nonpartisan tools that do not manipulate responses in favor of ideological dogmas such as Diversity, Equity, and Inclusion (DEI). The Contractor shall ensure that the LLMs, including the AI System, are not intentionally encoded with partisan or ideological judgments within an AI System’s/LLM’s outputs unless those judgments are prompted by or otherwise readily accessible to the end user.

Compliance with the AI requirements of this contract, including adherence to the Unbiased AI Principles, Truth-Seeking and Ideological Neutrality requirements, disclosure obligations, monitoring and reporting requirements, and corrective action responsibilities, is a material condition of eligibility for payment and continued performance. In accordance with OMB Memorandum M-26-04, failure to comply with these requirements, or refusal to take timely and appropriate corrective action to remedy identified noncompliance, may constitute a material breach of contract and may result in remedies consistent with the terms of the contract and applicable law including but not limited to withholding of payment, termination for cause/default, or other appropriate contractual remedies, as determined by the Contracting Officer.

All AI for delivery and/or use in performance of the contract shall adhere to the VA Trustworthy AI Framework, available at https://department.va.gov/ai/trustworthy/. Once the Contractor has obtained CO authorization to use specific AI in contract performance, the Contractor shall provide the COR a signed Statement of Attestation prior to AI implementation as identified in the Artificial Intelligence in VA Contracts clause, to include its associated list of AI being used in contract performance.

Deliverable:

A. Statement of Attestation

6.7.1 AI SYSTEM/LLM DEVELOPMENT AND OPERATION DOCUMENTATION

REQUIREMENTS

To enable Government continued assessment of compliance with Trustworthy AI requirements and both Unbiased AI Principles, Truth-seeking and Ideological Neutrality, https://department.va.gov/ai/trustworthy/ in accordance with OMB M-26-04, the Contractor shall provide AI System/LLM Development and Operation Documentation Package to include, at a minimum:

1. Acceptable Use Policy

The Contractor shall provide an Acceptable Use Policy document governing its AI operation that characterizes and differentiates appropriate and inappropriate use of their product offering

2. Model Cards, System Cards and/or Data Cards

The Contractor shall provide documentation describing essential information about the model, system, and or data as it relates to the AI/LLM product offering. The documentation shall address summaries of training process, identified risks and mitigations, and model evaluation scores on LLM benchmarks at a minimum, where appropriate

3. End User Resources

The Contractor shall provide documentation to include product tutorials, developer guides, and/or other tools to assist VA in ensuring proper use of the AI/LLM to maximize utility

4. Mechanism for End User Feedback

The Contractor shall provide documentation describing the mechanism employed to provide feedback to the Offeror on outputs identified that violate the Unbiased AI Principles. This may be satisfied by a general inbox, specific Point of Contact, or similar feedback mechanism.

5. Pre-Training and Post-Training Activities of the AI System/LLM

The Contractor shall provide documentation of Pre-Training and Post Training Activity that provides details on:

a. Actions taken that impact the factuality and grounding of AI System/LLM outputs

b. System-level prompts that provide natural language instructions to the model specifying guidelines on responding to user-generated queries, to include how a model responds when reliable information is incomplete, contradictory, or subject to individual interpretation

c. The type of outputs restricted via content moderation and safety filters

d. The use of red teaming as a means of continuously assessing the model to protect against incidents of bias in generated output.

e. Training or development, if any, that occurred outside the United States, to include the type of activity and the country in which it occurred.

f. Any modifications or configurations undertaken to comply with any regulation from a government other than the U.S. Federal Government.

6. Model Evaluation Results and Methodologies

The Contractor shall provide documentation describing the Evaluation Results of bias evaluations conducted by the Vendor to include the methodology for performing such tests (e.g., testing prompt pairs for politically oriented topics).

The documentation shall also include Benchmark scoring results measuring the model’s bias, helpfulness, honesty, or accuracy when provided with ambiguous versus straightforward questions. (Including any benchmarks comparing performance across multiple languages, where applicable).

7. Description of Enterprise-Level Controls

The Contractor shall provide documentation describing the Enterprise Governance tools and controls, such as:

a. Customizable system instructions that are additive to a base model’s system prompts or content generation filters.

b. Product features that require a model to cite sources of its outputs or otherwise provide visibility into the provenance of the model’s outputs.

c. AI System/LLM model evaluation tools that enable comparisons either between a model’s outputs, or across various models.

8. Third Party Modification Disclosure

The Contractor shall disclose of any additional controls to modify an AI Model’s/LLM’s output applied by the Contractor if the Contractor is not a direct developer of the LLM (e.g., classifiers, system prompts, fine-tuning, content moderation and filters, etc.)

Deliverable:

A. AI System/LLM Development and Operation Documentation Package

6.7.2 MONITORING, REPORTING, AND CORRECTIVE ACTION

The Contractor shall develop and implement a Compliance Monitoring and Reporting Plan supporting ongoing monitoring processes to evaluate AI outputs for compliance with Trustworthy AI and Unbiased AI principles. This plan shall include the mechanism for authorized users to provide end user feedback to report suspected violations of Truth-Seeking or Ideological Neutrality requirements.

The Contractor shall notify the COR within 10 business days of identifying any material deviation from these principles and shall submit a written Corrective Action Plan describing mitigation steps, responsible parties, and timelines. Any material deviation, corrective action taken, and results shall be detailed in the monthly Progress Reports.

Deliverable:

A. Compliance Monitoring and Reporting Plan B. Corrective Action Plan

6.7.3 AI MODEL UPDATES AND CHANGE DISCLOSURES

The Contractor, in an AI Model/LLM Change Disclosure, shall notify the Government throughout the PoP in advance of any material changes to AI models, including new AI enhancements, features and/or components, controls, retraining, classifiers, system prompts, fine-tuning, content moderation, filters, version replacement, or architectural changes, that could reasonably affect compliance with Trustworthy AI or Unbiased AI principles. Updated documentation shall be provided to VA for VA approval prior to implementation of such changes.

Deliverable:

A. AI Model/LLM Change Disclosure

7.0 SECURITY AND PRIVACY REQUIREMENTS

7.1 POSITION/TASK RISK DESIGNATION LEVEL(S)

In accordance with VA Handbook 0710, Personnel Vetting Program, the position sensitivity and the level of background investigation commensurate with the required level of access for the following tasks within the PD are:

Position Sensitivity and Background Investigation Requirements by Service Task/Item Number

Service Task / Item Number Tier1 / Low Risk Tier 2 / Moderate Risk Tier 4 / High Risk

1.2 ☒ ☐ ☐

1.3 ☒ ☐ ☐

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.

8.0 POINTS OF CONTACT

Program Manager:

Name: Felica Newsome-Dent Address: 13800 Veterans Way Orlando, FL 32827 Voice: 407-403-3563 Email: Felica.Newsome-Dent@va.gov

Contracting Officer:

Name: Meghan McCloskey Address: 23 Christopher Way

Eatontown, NJ 07724 Voice: 848-377-5151 Email: Meghan.Mccloskey@va.gov

Contract Specialist:

Name: Jamie Valentine Address: 23 Christopher Way

Eatontown, NJ 07724 Voice: 848-377-5091 Email: Jamie.Valentine@va.gov mailto:Felica.Newsome-Dent@va.gov mailto:Meghan.Mccloskey@va.gov mailto:Jamie.Valentine@va.gov

ADDENDUM B – VA CYBERSECURITY AND PRIVACY LANGUAGE FOR

INCLUSION IN ACQUISITIONS

NOTE: In the event of a conflict, VA Acquisition Regulation (VAAR) Security Clauses take precedence over the language in this Addendum B.

FROM: VA HANDBOOK 6500.6, ACQUISITION CYBERSECURITY, SECTION 8, VA

CYBERSECURITY AND PRIVACY LANGUAGE, FOR INCLUSION IN CONTRACTS

a. GENERAL

1) Contractors, Contractor personnel, Sub-Contractor and Sub-Contractor personnel (hereinafter referred to as “Contractor”) will be subject to the same Federal laws, regulations, standards, VA directives and handbooks as VA personnel regarding information and information system security and privacy.

2) VA Cybersecurity and Privacy language included in the solicitation or contract applies to the Contractor and all Contractor affiliates and agents.

3) All information systems, applications, and services operating on behalf of or within VA must meet or exceed all applicable federal cybersecurity and risk management minimum standards. At a minimum, systems shall implement and maintain compliance with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-37, Risk Management Framework for Information Systems and Organization: A System Life Cycle Approach for Security and Privacy, Federal Information Security Modernization Act of 2014 (FISMA) requirements, and all applicable federal laws, and Office of Management and Budget (OMB) mandates. Contractual terms, implementation approaches, or operational constraints shall not supersede or circumvent these federal minimum security and compliance requirements. Authority established under this handbook is limited to technical, and enterprise architecture matters;

interpretation or adjudication of non-technical policy or programmatic content remains the responsibility of the appropriate business or governing policy offices.

b. VA INFORMATION CUSTODIAL

1) The Contractor must provide unlimited rights to data / intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is Federal Acquisition Regulation (FAR) 52.227-14, Rights in Data – General.

a) The Contractor must provide all custom-developed code and technical components developed in the performance of this contract (e.g., documentation; data models; schemas; metadata; architecture designs;

https://csrc.nist.gov/pubs/sp/800/37/r2/final https://csrc.nist.gov/pubs/sp/800/37/r2/final https://csrc.nist.gov/pubs/sp/800/37/r2/final https://csrc.nist.gov/pubs/sp/800/37/r2/final https://csrc.nist.gov/pubs/sp/800/37/r2/final https://www.congress.gov/113/plaws/publ283/PLAW-113publ283.pdf https://www.congress.gov/113/plaws/publ283/PLAW-113publ283.pdf https://www.acquisition.gov/far/52.227-14 https://www.acquisition.gov/far/52.227-14 configuration scripts; and artifacts required to develop, build, test, and deploy the code for or on behalf of VA) for storage in a VA-designated repository for custom-developed code in a format that allows VA to access, use, modify, distribute, and reuse it in accordance with the Source Code Harmonization and Reuse in Information Technology Act of 2024 (SHARE IT Act).

b) The Contractor must provide any support and assistance deemed necessary for VA to comply with the SHARE IT Act (e.g., furnishing data for reporting and following federal and VA standards for custom code development).

2) Information made available to the Contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the contract, service agreement, SOW, PWS, and / or PD. The Contractor shall not use VA information in any other manner without prior written approval from a VA CO. The Contractor shall disclose to the CO all Data to be collected, stored, and accessed and will only collect, store, and access the minimum Data necessary to perform its services. The Contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal laws, regulations, or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and / or policies.

The primary clause used to define Government and Contractor data rights is FAR 52.227-14.

3) The Contractor shall not make copies of VA information unless necessary to perform the requirements of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program, and VA Office of Information Security (OIS) Knowledge Service.

4) VA information will not be co-mingled with any other data on the Contractor’s information systems or media storage systems. The Contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization. Exceptions to this paragraph will be granted only with the approval of the VA Program Office communicated to the Contractor by the VA CO.

5) Except for uses and disclosures of VA information specifically authorized by this contract, the Contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The https://www.congress.gov/118/plaws/publ187/PLAW-118publ187.pdf https://www.congress.gov/118/plaws/publ187/PLAW-118publ187.pdf

Contractor shall refer all requests for, or inquiries about, VA information and information systems to the VA CO.

6) Notwithstanding the provision above, the Contractor shall not release VA records protected by Title 38 United States Code (U.S.C.) § 5705, Confidentiality of medical quality- assurance records, and / or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the Contractor is in receipt of a court order or other form of request for the above-mentioned information, the Contractor shall immediately refer that court order or request to the VA CO.

7) If a VHA contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with Veterans Health Administration (VHA) Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contractor.

8) Information made available to the Contractor by VA for the performance or administration of this contract, or information developed by the Contractor in performance or administration of the contract, will be protected and secured in accordance with VA Directive 6500, VA Directive 6510, VA Identity, Credential, and Access Management, and VA Handbook 6510, VA Identity, Credential and Access Management.

9) The Contractor shall store VA sensitive information in an encrypted form, using

VA-approved encryption tools which are Federal Information Processing Standards (FIPS)-validated in accordance with requirements on the OIS Knowledge Service. The Contractor shall verify the integrity of transmitted security and privacy attributes. The Contractor shall provide the capability to check the integrity of VA information while it resides in the external system.

10) The Contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with NIST SP 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations. The cryptographic module used must be FIPS-validated in accordance with requirements on the OIS Knowledge Service.

11) The Contractor’s firewall security shall meet or exceed VA’s minimum requirements.

12) The Contractor shall retain all data storage media which have been used to create, collect, process, store, or disseminate any VA data, information, or https://uscode.house.gov/us/usc/119-120/t38/s5705/ https://uscode.house.gov/us/usc/119-120/t38/s5705/ https://www.law.cornell.edu/uscode/text/38/7332 https://www.law.cornell.edu/uscode/text/38/7332 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9178 https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=9178 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1539&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1539&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1544&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1544&FType=2 https://csrc.nist.gov/pubs/sp/800/52/r2/final https://csrc.nist.gov/pubs/sp/800/52/r2/final agency record in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

13) The Contractor shall not store or maintain VA sensitive information, including on any form of removable or transportable media, without CO’s prior written approval.

14) The Contractor, in accordance with Federal and VA policy, shall maintain backup of Data containing VA sensitive information, image repositories, and provisioned environments. The backup storage infrastructure shall be located in physically protected, limited-access facilities within the United States and governed by the cybersecurity Controls set forth herein.

15) The Contractor shall provide its plan for the disposition of all VA data in its possession, including destruction and return, in accordance with VA Directive 6500 and requirements specified on the VA OIS Knowledge Service, prior to termination or completion of this contract.

16) The Contractor shall return to VA all data storage media which have been used to create, collect, process, store, or disseminate any VA data, information, or agency record which cannot be sanitized or destroyed as required by Section b(15) of this contract. Such media include, but are not limited to, printed or handwritten hardcopies (containing text or images), magnetic tapes, magnetic discs, optical discs, solid state devices, or any other removable digital or analog data storage media.

17) Media shall be returned using VA-approved methods for…