36C10X19Q0027-000.docx

36C10X19Q0027 FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 U NVGAG Online Registration Tiered Evaluation 21703 36C10X19Q0027 12-03-2018 N 541511 Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 Jaime Belletto Jaime.Belletto1@va.gov Melissa Maloy Melissa.Maloy@va.gov Sports Management Registration for the National Veterans Golden Age Games (NVGAG).

The Contractor shall provide a Commercial Off the Shelf (COTS) secure on-online sports event management site for multi event sport registration for individuals participating in the NVGAG to be held annually in various locations throughout the Continental United States, Alaska, Puerto Rico, and Hawaii. The contract shall demonstrate previous experience within the Sports Management Industry. The contractor shall provide adequate equipment to include secure online server and adequate personnel to perform the duties outlined in this statement for the registration period of a minimum of 2 months prior to registration Feb 25, 2019. The set-up of the platform shall occur in the base year only. Option periods if exercised will be for maintenance purposes only. There are no expected changes for the platform in the option periods. This work will be done in collaboration with the Office of National Veterans Sports Programs and Special Events (NVSP&SE) staff the Director of NVGAG. The Contractor shall provide an external website and internal database that will allow individuals to register via internet and/smart phone for its annual multi-event sports competition based on their role in the following categories: Veterans, VA support staff (coaches and caregivers), and officials. Registration numbers range from 1,000 to 1,500 each year.

This is the premier senior adaptive rehabilitation program in the United States, and is the only national multi-event sports and recreational seniors’ competition program designed to improve the quality of life for all older veterans, including those with a wide range of abilities and disabilities. The NVGAG serves as a national showcase for the preventative and therapeutic value of sports, fitness and recreation. The Games serve as a qualifying event for competition in the National Senior Games in many competitive events.

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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

TDB

36C10X19Q0027 11-23-2018 Jaime Belletto 240-215-1625 12-03-2018 1:00 pm Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703 X X X 541511 $27.5 Million X N/A X National Veterans Sports Programs & Special Events (10P4R) U.S. Department of Veterans Affairs 810 Vermont Ave Washington DC 20420 Strategic Acquisition Center - Frederick Department of Veterans Affairs 321 Ballenger Center Drive, Suite 125 Frederick MD 21703

See Section B.1 for Payment and Invoicing Information

See CONTINUATION Page National Veteran Golden Ages Games (NVGAG) Online Registration This is a tiered evaluation. An offer must indicate which ti er they are responding to. This solicitation is being issued as tiered evaluation for SDVOSB concerns, or in the alternative tiered evaluation for VOSB concerns, or in the alternative a set aside for other small business concerns with HUBZone small business concerns and 8(a) participants having priority. If award cannot be made, the solicitation will be cancelled and requirement resolicted. Please see Section E.1 for more information. See Section B.2 for PWS.

Questions due on November 27, 2018 1:00 PM EST.

VIP: Verified on Vetbiz.gov $0.00 See CONTINUATION Page X X X X X Melissa Maloy Contracting Officer Page 1 of Page 1 of Table of Contents

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

1. CONTRACTOR: TBD

b. GOVERNMENT: Melissa Maloy, Contracting Officer 36C10X

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 from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

TUNGSTEN (fka OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Contracting Officers Representative (COR): TBD Contract/Task Order Number: TBD Purchase Order Number: TBD

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests

· http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

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B.2 PERFORMANCE WORK STATEMENT

1.0 TITLE OF CONTRACT:

Sports Management Registration for the National Veterans Golden Age Games (NVGAG).

1.

2.0 SCOPE OF WORK:

The Contractor shall provide a Commercial Off the Shelf (COTS) secure on-online sports event management site for multi event sport registration for individuals participating in the NVGAG to be held annually in various locations throughout the Continental United States, Alaska, Puerto Rico, and Hawaii. The contract shall demonstrate previous experience within the Sports Management Industry. The contractor shall provide adequate equipment to include secure online server and adequate personnel to perform the duties outlined in this statement for the registration period of a minimum of 2 months prior to registration Feb 25, 2019. The set-up of the platform shall occur in the base year only. Option periods if exercised will be for maintenance purposes only. There are no expected changes for the platform in the option periods. This work will be done in collaboration with the Office of National Veterans Sports Programs and Special Events (NVSP&SE) staff the Director of NVGAG. The Contractor shall provide an external website and internal database that will allow individuals to register via internet and/smart phone for its annual multi-event sports competition based on their role in the following categories: Veterans, VA support staff (coaches and caregivers), and officials. Registration numbers range from 1,000 to 1,500 each year.

3.0 BACKGROUND:

This is the premier senior adaptive rehabilitation program in the United States, and is the only national multi-event sports and recreational seniors’ competition program designed to improve the quality of life for all older veterans, including those with a wide range of abilities and disabilities. The NVGAG serves as a national showcase for the preventative and therapeutic value of sports, fitness and recreation. The Games serve as a qualifying event for competition in the National Senior Games in many competitive events.

2.

4.0 PERFORMANCE PERIOD:

The anticipated period of performance is December 7, 2018 – December 6, 2023.

Base Period: December 7, 2018 – December 6, 2019 Option Period 1: December 7, 2019 – December 6, 2020 Option Period 2: December 7, 2020 – December 6, 2021 Option Period 3: December 7, 2021 – December 6, 2022 Option Period 4: December 7, 2022 – December 6, 2023

5.0 TRAVEL

Travel is not anticipated for this requirement.

6.0 PLACE OF PERFORMANCE

At the contractor’s facility.

7.0 CONTRACT TYPE

The contract type for this Firm Fixed Price Contract.

8.0 APPLICABLE DOCUMENTS

a. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998

b. Data Breaches Involving Sensitive Personal Information (SPI)”, July 28, 2016

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

d. Project Management Accountability System (PMAS) portal (reference PWS References -Technical Library at https://www.voa.va.gov/)

e. OIT ProPath Process Methodology (reference PWS References -Technical Library and ProPath Library links at https://www.voa.va.gov/) NOTE: In the event of a conflict, OIT ProPath takes precedence over other processes or methodologies.

f. Technical Reference Model (TRM) (reference at http://trm.oit.va.gov/TRMHomePage.asp, or https://www.voa.va.gov/)

g. VA Directive 6508, VA Privacy Impact Assessment, March 10, 2015

h. VA Directive 6508.1, “Privacy Impact Assessment” July 30, 2015

9.0 TASKS AND DELIVERABLES

The Contractor shall provide External Website that will ensure the registration of 1500 (athletes, coaches, and officials) each year.

The Contractor shall perform the mandatory tasks and provide specific deliverables below within the performance period stated in this Performance Work Statement (PWS). If for any reason, any deliverable cannot be delivered on time according to the below schedules the Contractor shall provide a written explanation to the Program Manager (PM)/Contracting Officer’s Representative (COR) thirty days prior to deliverable due date. This written transmittal shall include a firm commitment of when the work shall be completed. This transmittal to the PM/COR shall cite the reasons for the delay and the impact on the overall project.

Task 9.1 SECURE ON-LINE SPORTS MANAGEMENT REGISTRATION SITE

a. The Contractor shall provide a secure on-line sports management registration site for participants to register via internet accessible 24 hours a day.

1. Create a registration form in a format that can be printed

c. Ensure at least 1,000 individuals are able to access the system at any given time

d. Hosting and Security

1. Section 508 compliant

2. Create unique numbers and credentials/identifications (IDs) for athletes

3. Create unique credentials/IDs for support staff

4. Create unique credentials/IDs for officials

5. Provide security management of data

6. Registration information should be able to be accessed from any computer with Internet access.

7. Ensure that all Registrants have immediate access to the information needed.

3. e. Event Registration

1. Create ID-individualized schedules for each athlete that can be printed in bulk for on-site registration.

2. Mechanism to eliminate duplicate registration

3. Ensure multi–user access for VA administration

4. Data export and exchange options

5. Provide bi-weekly and consolidated reports of registration information – Configurable access to live dashboards.

6. Provide entry confirmation email to athletes and corresponding coaches

7. Provide an online database for processing information to create reports for implementation of the National Veterans Golden Age Games.

8. Retrieval of individualized and custom schedule based on event selection by each participant

9. Automatic limits & restrictions, wait-list functionality

10. Online waivers – liability, photo consent etc.

11. Ensure the system allows the Office of National Veterans Sports Programs and Special Events (ONVSPSE) to pull the following reports: travel (arrival and departure data for Veterans), competition management (team and individual sports) for scheduling, event statistics, competition results, lanes, tournaments, and point scores

12. Adapt the database to NVGAG rules based on classification (ambulatory, wheelchair, visually impaired)

13. Retrieval of registration status reports (by agreed upon data elements) and automatic email confirmation of registration with event selections

14. Enable voting for the NVGAG annual awards

15. Enable NVSP&SE personnel to send email alerts to participants

16. Check-in mobile App 4.

f. Provide Website template

a. eCommunication and marketing platform

b. Publish results online and provide by email 5.

g. Provide website (online help)

a. Provide technical support related to registration issues

b. Available to handle emergency “help” calls for participants

c. Response times based on critical, high and low impacts

d. Live support available during business hours

The Contractor shall provide the Contracting Officer’s Representative (COR) with Weekly Progress Reports in electronic format in Microsoft Word and Project formats. The report shall include detailed explanations for each required data element, to ensure that data is accurate and consistent. These reports shall reflect data as of the last day of the preceding week. The Weekly Progress Reports shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including its plan and timeframe for resolving the issue. The Contractor shall communicate with the COR so that issues that arise are transparent to both parties to prevent escalation of outstanding issues.

Deliverables:

A. Design and development a COTS registration site for all registrants to be completed within 14 days of award. (BASE YEAR ONLY) B. Website Templates C. Guided Set up via telecon- within 14 days of award D. Graphic Design for website & Email -within 14 days of award E. TSL Certificates Custom - within 14 days of award F. Training of Government staff on use of software within 14 days of award. (BASE YEAR ONLY) G. Phone Conference Consulting Planning during the scheduled event time. (5-days) Phone Conference Management during the scheduled event time. (5-days). (BASE YEAR ONLY) H. Phone Conference assistance during the scheduled event time. (5-days) I. Weekly progress reports.

6.

7.

Task 9.2 RETRIEVAL OF REGISTRATION INFORMATION

The registration site shall be available for retrieval of registration information (i.e. participants name, age group, category, address, phone number, email and event selection) on demand. The contractor shall facilitate retrieval of registration information and provide the NVSP&SE the ability to track registration event capacity through online tool.

Task.

The Contractor shall provide training and trouble-shooting via telephone on the use of the software.

Requirements

1. Instructor led course for all NVSP&SE administrator’s

2. Provide documentation on use of the software

3. Provide written instructions to participants on “how to register online”

4. User name and password assistance

5. Product-related questions where the Customer Support Representative has immediate access to the information needed

Deliverables:

Report of Registration Information

Task 9.3 CONSULTATION AND MANAGEMENT

The Contractor shall provide consultation and management during each of the NVGAG events to be held in various location each year. See section 5.0 of the PWS. The consultation and management can be performed via telephone.

Requirements

1. Provide on-site support for check in and credentials logistics for each event

2. Provide on-site support for generating event rosters

3. Provide on-site support for entering event results and tabulating awards.

Deliverables:

Support services available during the scheduled event times to be included in the weekly status reports.

10.0 SECURITY

All requirements in Security Addendum A, and Addendum B apply to this effort.

POSITION/TASK RISK DESIGNATION LEVEL(S) AND Contractor PERSONNEL SECURITY REQUIREMENTS

The position sensitivity and the level of Background Investigation (BI) commensurate with the required level of access for the following tasks within the PWS are:

Position Sensitivity and BI Requirements

The Tasks identified and the resulting Position Sensitivity and BI requirements identify the BI requirements for Contractor individuals, based upon the tasks the Contractor individual will be working. The submitted Contractor Staffing Roster shall indicate the required BI level for each Contractor individual, based upon the task(s) the Contractor individual will be working.

11.0 GOVERNMENT FURNISHED PROPERTY/INFORMATION

The Government will not furnish property to the Contractor for use in the performance of this Contract.

12.0 GENERAL REQUIREMENTS

12.1 SCHEDULE OF DELIVERABLES

The Contracting Officer’s Representative (COR) is responsible for coordinating Government review. The Government has ten (10) business days to review each deliverable. Upon receiving Government feedback, the Contractor has three business days to resubmit the deliverable. The COR will provide approval for each final deliverable, or rejection of the final deliverable with summary reasons, in writing within ten business days. Business days do not include Federal holidays.

All deliverables, unless otherwise specified, shall use Microsoft Office compatible formats. All deliverables shall be compliant with Section 508 of the Rehabilitation Act of 1973, 1998 Amendment according to the particular requirements for each deliverable.

All Contractor-provided work products are to be furnished within the specified delivery dates in the Schedule of Deliverables. Any changes to delivery dates must be discussed with the COR and requested in writing to the Contracting Officer (CO). If for any reason any deliverable cannot be delivered within the scheduled time frame, the Contractor is required to explain why in writing to the CO including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay and the impact on the overall project. The CO shall then review the facts and issue a response in accordance with applicable regulations.

Schedule of Deliverables

Task # Deliverable #

BASE PERIOD

Phone Conference Management during the scheduled event time. (5-days)

5 days during scheduled event time

5 days during scheduled event time

9.L

OPTION PERIODS 1-4

5 days during scheduled event time

5 days during scheduled event time

13.0 PERFORMANCE METRICS

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

Efficient and effective in meeting requirements Meets technical needs and mission requirements Offers quality services/products Satisfactory or higher

Products completed, reviewed, delivered in timely manner Notifies customer in advance of potential problems Satisfactory or higher

Personnel possess necessary knowledge, skills and abilities to perform tasks Satisfactory or higher

Services/products delivered were of desired quality Satisfactory or higher

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

14.0 SECURITY LANGUAGE

1. GENERAL

The contractor, contractor personnel, and Sub 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.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. The Vendor/ shall request logical (technical) or physical access to VA information and VA information systems for their employees, Sub, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All the Vendors, Subs, 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 The Vendors must be in accordance with the latest version of the 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. COTS software 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 Vendor/Sub 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 Sub must notify the Contracting Officer immediately via email when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or Sub’s employ. The Contracting Officer must also be notified immediately by the contractor or Sub prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the vendor or sub by VA for the performance or administration of this contract or information developed by the VENDOR/Sub in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of VA. This clause expressly limits the VENDOR/Sub'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 with any other data on the VENDORs/Sub’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. No comingling requires that VA data be stored on disk drives, tape cartridges, and storage media that are separate from those used on non-VA data. The contractor must ensure that VA’s information/disk drives/tape cartridges/storage media, are returned to the VA or destroyed in accordance with VA’s sanitization requirements, as specified by the COTR. VA reserves the right to conduct onsite inspections of the contractor and Sub 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, the VENDOR/Sub must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by VA. When requested by the COR, any data destruction done on behalf of VA by the VENDOR/Sub 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 the latest version of the VA Handbook 6500.1, Electronic Media Sanitization. If the COR directs the contractor/subcontractor to perform the data destruction, self-certification by the FFRD/subcontractor 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 VENDOR/Sub 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 VENDOR/Sub 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 the VENDOR/Sub electronic storage media for restoration in case any electronic equipment or data used by the VENDOR/Sub 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 Business Associate Agreement (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 VENDOR/Sub 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 VENDOR/Sub’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 VENDOR/Sub 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 VENDOR/Sub 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 VENDOR/Sub 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 VENDOR/Sub is in receipt of a court order or other requests for the above-mentioned information, that the VENDOR/Sub 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 a Memorandum of Understanding-Interconnection Service Agreement (MOU-ISA) for system interconnection, the VENDOR/Sub must be completed by the contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference the latest version of Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6508, VA Privacy Impact Assessment.

b. The VENDOR/Sub shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, the latest version of VA Handbook 6500, Information Security Program and the latest version of VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The VENDOR/Sub is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

The VENDOR/Sub agrees to:

a. Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

b. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

c. Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the VENDOR/Sub is considered to be an employee of the agency.

i. “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

ii. “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

iii. “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying assigned to the individual.

The contractor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hot fixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

The contractor shall notify the COR, and any other people the COR requests via email within 12 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 1 day, unless otherwise stated by the COR.

When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to VA that the patch has been validated as not affecting the Systems within 5 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 1 day after the fix has been validated as not affecting the System.

All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

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

1. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, the VENDORs/Subs are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The VENDOR’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.

2. 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.

3. Outsourcing (the contractor facility, the contractor equipment or the contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the VENDOR’s systems in accordance with the latest version of VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (Government facility or Government equipment) the VENDOR-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.

4. The VENDOR/Sub’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 VENDOR/Sub 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. The VENDOR/Sub procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with the VENDOR/Sub 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 the latest version of VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

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5. The VENDOR/Sub 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 VENDOR/Sub. The VENDOR/Sub must take appropriate and timely action to correct or mitigate any weaknesses discovered during such testing, at no additional cost.

6. VA prohibits the installation and use of personally-owned or the VENDOR/Sub 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.

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7. 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 the latest version of 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 VENDOR/Sub or any person acting on behalf of the VENDOR/Sub, whichever is earlier.