36C10E18Q0179-006.docx

36C10E18Q0179

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

VA

3188-000029 36C10E18Q0179 06-27-2018 Heather Hampton 336-251-0500 07-13-2018

1:00 PM EST

00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 X X 541930 $7.5 Million X N/A X Department of Veterans Affairs Veterans Benefits Administration 251 N. Main St.

Winston-Salem NC 27101 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006

All invoices must be emailed to:

VAVBAWINSSDFACILITIES@va.gov with a cc' to the Contracting Officer heather.hampton@va.gov

See CONTINUATION Page American Sign Language (ASL) Interpreter services in support of the Winston-Salem VBA Regional Office, per the attached Statement of Work. Services are required both at the Regional Office and at Fort Bragg.

All questions regarding this solicitation must be submitted in writing to heather.hampton@va.gov. The cut-off for submission of questions is July 6, 2018 at 1 PM EST.

This requirement is 100% set-aside for service-disabled veteran-owned small businesses (SDVOSB). All vendors must be registered and verified in CVE at the time of quote submission and the time of award.

See CONTINUATION Page 318-309600-2581 000039600 0151A1 2018 X X Heather Hampton

VA-VBA-2017-0E133C08

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C10E Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS:

All invoices must be emailed to: VAVBAWINSSDFACILITIES@va.gov with a cc' to the Contracting Officer heather.hampton@va.gov ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Statement Of Work American Sign Language (ASL) Interpretation Services

1.0 BACKGROUND:

This contract is for the provision of American Sign Language (ASL) Interpretation Services for the Department of Veterans Affairs, Veterans Benefit Administration, 251 N. Main Street, Winston-Salem Regional Office (WSRO), Winston-Salem, NC. Interpreter will perform under this agreement, as an independent contractor, and nothing contained herein must in any way be construed to imply that Interpreter is an agent, employee, partner, or joint venture of the WSRO.

Interpreter is responsible for reviewing and complying with all pertinent State and federal laws including, but not limited to, state and local taxes, the Fair Labor Standards Act, Title II of the Americans with Disabilities Act of 1990, Title II of the 1964 Civil Rights Act, and all other applicable state and federal employment laws. Interpreter is responsible for reviewing and complying with all pertinent county and city ordinances.

2.0 SCOPE

Interpreter Services will include interpretation for a WSRO, and Fort Bragg hearing impaired employee in the work place in a classroom training environment or designated work space setting.

Activities may include, but are not limited to intercepts, voiceovers, and sign language and other settings where a member or employee may require the services of an interpreter for the hearing impaired. Interpreter must be able to interpret/transliterate fluently and understand the continuum of sign communication. Interpreter will furnish sign language and other communication services between people who are deaf or hard of hearing and people who hear to interpret and translate in a work or training environment in an office setting or classroom training environment. Interpreters must provide, a minimum, interpreting services in American Sign Language (ASL).

The interpreter shall provide interpreting services from English into English and be prepared to provide interpreting services in any or all of the following modes: simultaneous interpretation, consecutive interpretation, and sight translation as needed. The main responsibility will be to translate the spoken work into sign language.

Interpreter services may range from simple to complex and be sensitive. The interpreter shall be able to work in a high-pressure, fast paced environment and stay within the role of interpreter. In the performance of services under this contract, the contract interpreter shall adhere to the provisions of this contract.

The contract interpreter must be able to perform with general office equipment (i.e. computers and computer monitors, video screens and equipment, etc.) and provide interpreting services via computer microphone or telephone conversations.

2.1 REQUIRED HOURS OF SERVICE AND SCHEDULING

Interpreter services are required at the WSRO on Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays from 8:00 am to 4:30 pm (8 hour days), excluding all Federal holidays.

Interpreter services will also be required at Fort Bragg on Wednesdays from 9:00 am to 11:00 am, excluding all Federal holidays: This will require two interpreters.

Due to potential training, it is required that interpreters be available for approximately 30 hours of additional time at the Fort Bragg location: these hours should be flexible. For these non-routine hours, the contractor will be notified at least 48 hours in advance of the need for an interpreter. It is expected that the contractor be able to provide the required services if notified within the specified time.

The Government may cancel services no less than 48 business hours in advance Monday through Friday, with no penalty or charges assessed. Contractor will be notified by email of cancellation of service with a 48 hour notice. If the Contractor is not notified of a cancellation 48 hours prior to the scheduled assignment, the Contractor may invoice for the number of hours scheduled for the assignment.

Contractor employee interpreter shall not be paid for any Federal Holiday. Federal holidays generally observed by Government hearing impaired government employee include:

Observed Federal Holidays:

New Year’s Day; Martin Luther King Day; Presidents Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day In the event an Executive Order issued by the President of the United States declares Agencies of the Federal Government closed for a regularly scheduled workday, the Contracting Officer’s Representative (COR) will determine and advise the Contractor on whether services are required for that day.

3.0 QUALIFIED PERSONNEL

The contract interpreter must have and maintain minimum federal and state interpreter requirements and other requirements as stated in this statement of work.

3.1 SIGN LANGUAGE INTERPRETER (KEY PERSONNEL)

The Contractor shall provide qualified personnel to perform the requirements specified in this Statement of Work. Description of Work: The ASL interpreter shall provide support and assistance in sign language interpretation services. The ASL interpreter shall possess all of the demonstrated knowledge requirements delineated below.

3.2 MINIMUM REQUIREMENTS FOR A SIGN LANGUAGE INTERPRETER (EXPERIENCE)

The minimum requirements required are:

1. Possess strong listening, research, memory, and sign language skills.

2. Ability to sign in many different situations, including but not limited to meetings, small groups, large groups, and one-on-one.

3. Ability to perform in a challenging, creative, and formal working environment.

4. Ability to sign in a work training environment that involves a variety of technical terms and acronyms specific to this government agency.

5. Excellent customer service skills. Ability to establish and maintain positive working relationships.

3.3 MINIMUM EDUCATION REQUIREMENTS

The American Sign Language (ASL) interpreter shall possess: an undergraduate or graduate degree from an accredited college or university with a major study in a field related to either interpretation or American Sign Language (ASL) studies; or be able to provide sufficient assurances that the interpreter has the required knowledge and skills necessary to act as a competent interpreter. The interpreter must have a demonstrated knowledge and understanding of American Sign Language and Deaf Culture. In lieu of a degree, the interpreter may hold current generalist (or higher) licensure by either the National Association of the Deaf or the Registry of Interpreters for the Deaf.

3.4 ADDITIONAL REQUIREMENTS

The Contractor shall provide sign language interpretation services for WSRO in accordance with the requirements listed herein. Additional required knowledge and skills: In addition to the experience and educational requirements described above, the SLI shall clearly possess the following knowledge and skills:

1. Ability to voice to sign.

2. Ability to sign to voice.

3. Developed interpersonal and communication skills, with the ability to interact with members from a variety of backgrounds.

4. Ability to thrive in a challenging, creative and informal working environment.

5. Ability to work within a changing schedule if the need arise.

6. Excellent customer service skills.

7. Ability to communicate both orally and in writing.

4.0 PLACE OF PERFORMANCE

The physical address where services are to be performed at the WSRO is: Department of Veterans Affairs, Veterans Benefit Administration, 251 N. Main Street, Winston-Salem Regional Office (WSRO), Winston-Salem, NC 27101. Interpreter services may be performed in the Federal Building or the Wells Fargo Building.

The physical address where services are to be performed at the Fort-Bragg location is: 2843 Normandy St., Building 4, Suite 100, Fort Bragg, NC 28307.

5.0 PERIOD OF PERFORMANCE

The period of performance is estimated to be from August 1, 2018 to July 31, 2019, with four potential option years.

6.0 BILLING – GENERAL INVOICE REQUIREMENTS

Invoices must be submitted monthly in arrears. All invoices shall be emailed to VAVBAWIN/SSD/FACILITIES at VAVBAWINSSDFACILITIES@va.gov:

The invoice must at a minimum include:

· Invoice Number

· Reference the contract number

· Obligation Number (Obligation Number shall be used for billing)

· Date/Location of Service

· Service Start/Stop Time

· Interpreter’s Name

· Total Weekly Hours of Service

· Rate per Hour

· Total Charge for each interpreter Per standard industry practice, a one-hour minimum period will be employed. The contractor shall bill in fifteen (15) minute increments.

7.0 GENERAL VA SECURITY AND SYSTEM INFORMATION TRAINING

All Contractor and subcontractor personnel requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and networks:

1. Sign and acknowledge understanding of and responsibilities for compliance with the National Rules of Behavior related to access to VA information and information systems, and Contractor Rules of Behavior (supplement),

2. Successfully complete VA Cybersecurity Awareness training and annual refresher training as required,

3. Successfully complete VA General Privacy training and annual refresher training as required, and

4. Successfully complete any additional cybersecurity or privacy training as required for VA personnel with equivalent information system access.

The Contractor shall provide to the COR a copy of the training certificates and signed Rules of Behavior for each applicable employee within one week of the initiation of the contract and annually thereafter, as required. These online courses will need to be taken through the VBA’s online Talent Management System (TMS) at: https://www.tms.va.gov/learning/user/login.jsp. To self-enroll, click the “Create New User” button on the red bar and complete the assigned training. The COR will provide the contractor with the appropriate information to complete self-enrollment. Technical issues with TMS should be directed to the TMS help desk at vatmshelp@va.gov or 1-888-496-0463.

Failure to complete this mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until such time as the training is completed.

The Contractor will also complete 20-0344 Annual Certification of Veteran Status and Veteran-Relatives form upon starting, and annually thereafter for the duration of the contract. If the contractor or immediate relative is a veteran, the file will be housed in the Locked Files for the duration of the contract.

BACKGROUND INVESTIGATION

The contract employee level of background investigation and clearance required for this effort is NACI. Work may not commence until the appropriate background investigation has commenced.

1. CONTRACTOR RESPONSIBILITIES

0. The VA shall bear the expense of obtaining background investigations.

0. Immediately after contract or task order award, the Contractor must submit a completed Attachment C form (VBA Contractor Background Investigation Request Worksheet) for all contract employees working the contract, who have access to VA facilities, VA systems, or privacy data, to the COR.

0. The Contractor and Contractor point of contact (POC) will receive an email notification from SIC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. Reminder notifications will be sent if the complete package is not submitted by the due date.

0. The Contractor shall prescreen all personnel who require access to VA site(s) and/or access to VA LAN systems to ensure they maintain a U.S. citizenship or Alien Registration that authorizes them to work in the U.S. and are able to read, write, speak, and understand the English language.

0. Contractors who have current favorable background investigation conducted by OPM or Defense Security Service (DSS) may be accepted through reciprocation. However, it does not preclude the Contractor from submitting a completed Attachment C form immediately after contract or task order award for all contract employees working the contract to the COR.

0. Contract performance shall not commence before SIC confirmation that it received the investigative documents, that they are complete, and that the background investigation has begun. Once the Contractor’s background investigation has been initiated, contract performance may commence. The COR will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) to the Contractor when the investigation has been favorably completed and adjudicated. The Contractor, if notified of an unfavorable adjudication by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

0. If the security clearance investigation is not completed prior to the start date of the contract, the contract employee may work on the contract with an initiated status while the security clearance is being processed. However, the Contractor will be responsible for the actions of those contract and subcontract employees they provide to perform work for VA. In the event damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident.

0. Should the Contractor use a vendor other than OPM or DSS to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations. The Vendor Cage Code number must be provided to the VA SIC, which will verify the information and conclude whether access to the Government’s site(s) and/or VA LAN systems can be.

0. The investigative history for Contractor personnel working under this contract must be maintained in the databases of either OPM or the Defense Industrial Security Clearance Organization (DISCO).

GOVERNMENT RESPONSIBILITIES

0. After the COR has received Attachment C form(s) from the Contractor, SIC will send an e-mail notification to the Contractor and their POC identifying the website link that includes detailed instructions regarding completion of the background clearance application process and what level of background was requested. SIC will also send reminder notifications to the Contractor and their POC if the complete package is not submitted by the due date.

0. Upon receipt of required investigative documents, SIC will review the investigative documents for completion and initiate the background investigation by forwarding the investigative documents to OPM to conduct the background investigation. If the investigative documents are not complete, SIC will return the package to the Contractor with corrective instructions.

0. VA will pay for investigations processed through the VA SIC and conducted by OPM.

0. The COR will notify and forward the Contractor a copy of the Certificate of Eligibility (form 4236) when the investigation has been favorably completed and adjudicated. The COR will also notify the Contractor of an unfavorable adjudication by the Government.

CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this contract are the exclusive property of the U.S. Government, and shall be submitted to the COR at the conclusion of the contract.

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

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall provide American Sign Language (ASL) services to the Winston Salem VA Regional Office as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

Contract Period: Base

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. This CLIN accounts for the "flexible" hours to be scheduled in advance of the required services. (Any Mileage and parking charges must be included in hourly rate.)

Upcharge on hourly rate for any request for service provided by the VA less than 48 hours in advance of the date the services are required. (NOTE: This is only the amount of increase per hour that would be added to Line Item 0003).

The contractor shall provide American Sign Language (ASL) services to the Winston Salem VA Regional Office as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

Contract Period: Option 1

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. This CLIN accounts for the "flexible" hours to be scheduled in advance of the required services. (Any Mileage and parking charges must be included in hourly rate.)

Upcharge on hourly rate for any request for service provided by the VA less than 48 hours in advance of the date the services are required. (NOTE: This is only the amount of increase per hour that would be added to Line Item 0003).

The contractor shall provide American Sign Language (ASL) services to the Winston Salem VA Regional Office as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

Contract Period: Option 2

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. This CLIN accounts for the "flexible" hours to be scheduled in advance of the required services. (Any Mileage and parking charges must be included in hourly rate.)

Upcharge on hourly rate for any request for service provided by the VA less than 48 hours in advance of the date the services are required. (NOTE: This is only the amount of increase per hour that would be added to Line Item 0003).

The contractor shall provide American Sign Language (ASL) services to the Winston Salem VA Regional Office as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

Contract Period: Option 3

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. This CLIN accounts for the "flexible" hours to be scheduled in advance of the required services. (Any Mileage and parking charges must be included in hourly rate.)

Upcharge on hourly rate for any request for service provided by the VA less than 48 hours in advance of the date the services are required. (NOTE: This is only the amount of increase per hour that would be added to Line Item 0003).

The contractor shall provide American Sign Language (ASL) services to the Winston Salem VA Regional Office as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

Contract Period: Option 4

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. (Any Mileage and parking charges must be included in hourly rate.)

The contractor shall provide American Sign Language (ASL) services to Fort Bragg as detailed within the Statement of Work. This CLIN accounts for the "flexible" hours to be scheduled in advance of the required services. (Any Mileage and parking charges must be included in hourly rate.)

Upcharge on hourly rate for any request for service provided by the VA less than 48 hours in advance of the date the services are required. (NOTE: This is only the amount of increase per hour that would be added to Line Item 0003).

GRAND TOTAL

NOTE: NUMBER OF HOURS ARE ESTIMATES ONLY. The schedule represents the quantities estimated to be ordered over the delivery period. Quotations will be evaluated based on the estimated quantities. Actual quantities ordered may vary among line items, but may not exceed the stated estimates without a modification.

B.3 DELIVERY SCHEDULE

0001-0004

Estimated 8/1/18 – 7/31/19

1001-1004

Estimated 8/1/19 – 7/31/20

2001-2004

Estimated 8/1/20 – 7/31/21

3001-3004

Estimated 8/1/21 – 7/31/22

4001-4004

Estimated 8/1/22 – 7/31/23

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SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. 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. Contractors must follow policies and procedures outlined in VA Directive 6500, Information Security Program which is available at: http://www1.va.gov/vapubs and its handbooks to ensure appropriate security controls are in place.

2. 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, 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 Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. 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.

f. 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.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. 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.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

Reserved

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

6. 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.

7. 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.

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 any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

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