36C10X20Q0049-035.docx

ATTACHMENT A: SAMPLE TASK ORDER

TASK ORDER NUMBER: 0001

TASK ORDER TITLE: Virtual Host Services

PERIOD OF PERFORMANCE: 1 year

1.0 STATEMENT OF WORK

1. Introduction The Department of Veteran’s Affairs (VA), Office of Resolution Management (ORM) has a requirement to secure the services of virtual hosts to assist in conducting virtual EEO Compliance Training required in cases that result in a finding of discrimination against VA as ordered by the Office of Employment Discrimination Complaint Adjudication (OEDCA) and the Equal Employment Opportunity Commission (EEOC). EEOC and OEDCA specify the number of training hours required in each Final Agency Decision (FAD) they issue. The training sessions are generally limited in duration to 2-4 hours per training day. Participant audiences typically range between 1-2 participants to 8-10 participants. Participant audiences have on several occasions included all employees in a department to all facility employees.

2. Background In instances where discrimination is found by OEDCA or EEOC, the agency must provide a specified number of hours of EEO training to the Responsible Management Official(s) or other management officials involved in the discriminatory act. All training ordered as the result of a finding of discrimination must be certified and delivered by the VA ORM. The training sessions are conducted in virtual settings using the Adobe Connect virtual learning platform. In addition to a trainer, all virtual presentations require the services of a Virtual Host/Executive Producer.

3. Scope of work This requirement is for securing host services for 60 virtual instructor-led training conducted by ORM subject matter experts in compliance with EEOC and OEDCA orders in cases involving findings of discrimination.

4. Tasks The Contractor shall upon receiving notification of event from the Government and the training content:

a. Design the virtual classroom using the Adobe Connect Virtual Platform;

b. Upload all training content received from the Government into the virtual classroom, to include: PowerPoint Presentations, handouts and other materials designed and developed by ORM;

c. Train instructors/SME on how to present in the virtual classroom;

d. Conduct a virtual dry run with the instructor not later than 24-hours prior to the date and time of the training;

e. Serve as virtual host during training session and assist full-time employees of the Office of Resolution Management instructors in providing instructional sessions

f. Provide voice over internet protocol (VOIP) audio during training;

g. Provide real time closed captioning during the training session;

h. Provide attendance roster of training participants to the COR after completion of the training;

i. Record each training session;

j. Make the recording available to the COR for persons who may miss the training due to unavoidable reasons. Recordings, links, and transcripts will be stored by the vendor.

k. Provide a written transcript of the training to the Contracting Officer’s Representative (COR).

5. Place of Performance All sessions will be conducted virtually. Coordination and preparation actions shall be conducted by Employee Development and Training at the Department of Veteran’s Affairs, Office of Resolution Management, Employee Development and Training, Suite 620, 140 Fountain Parkway, St. Petersburg, FL 33716.

6. Requirements Government:

(a) The Government shall notify the Contractor not later than 14 calendar days prior to a virtual training event of the scheduled date and time of the event, subject matter, instructor’s name, estimated size of the audience, requirement for closed captioning and the need to record the session.

(b) The Government shall provide the Contractor within 7 days of the scheduled event with all PowerPoint presentations, handouts, agendas and other items needed to construct the virtual classroom,

(c) The Government shall not schedule events on weekends or holidays,

(d) Virtual sessions will not start prior to 8:30 AM (Eastern), with the virtual session opening 15 minutes prior to the start time. Sessions will conclude no later than 4:30 PM (Eastern).

Contractor:

(a) Within 48 hours of receiving notice of a scheduled training event, the Contractor shall notify the COR in writing of the estimated cost for hosting the event.

(b) Contractor shall construct the virtual classroom and be prepared to host the Adobe Connect session not later than 7 days of receiving training content from the Government,

(c) The Contractor shall submit a detailed invoice for payment to the COR after 48 hours of hosting an event.

7. Deliverables

(a) Virtual classroom and virtual hosting of Adobe Connect training sessions

(b) Real time closed captioning during each Adobe Connect training session

(c) Recording of each Adobe Connect training session with closed captioning

(d) Transcript of each Adobe Connect training session

(e) Roster showing names of all participants in the Adobe Connect training session

8. Supporting Information Hours of Operation and Information Services shall be provided between the hours of 8:00 AM to 4:30 PM (EST), excluding weekends and Federal Holidays. This include time for the virtual session to open 15 minutes prior to start time.

Information Technology The Certification and Accreditation (C&A) requirements do not apply and a Security and Accreditation Package is not required.

The contractor must be in compliance with FISMA and 38 U.S.C. §5721-5728 regarding adequate and proper security for information and information systems used during virtual instructor-led evolutions conducted between VA and Contractor.

Contractor employees (VILT host specialists) will meet all background investigation requirements in accordance with VA directives. Furthermore, all Contractor host specialists will complete the VA’s Security and Privacy Awareness training prior to contract award.

The Contracting Officer Representative (COR) will monitor the contract to ensure that all security requirements are met and that any and all personally identifiable information (PII) presented or discussed during Final Agency Decision (FAD) presentations and hosted by Contractor host specialists are protected and safeguarded.

9. Performance Measurement The table below defines the Performance Standards and Performance Target associated with this effort.

Performance Measure

Target Incentives/Disincentives for Meeting or not Meeting the Performance Standards

10. SECURITY

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.

Risk Designation

Based on the Position Designation System and Automated Tool (PDAT) and the assessment of expected services to be provided, the Risk Designation for this action is considered LOW.

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. 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 COTR.

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

a. 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.

5. 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 COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

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.

6. 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:

1) Notification;

2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

3) Data breach analysis;

4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

7. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

2.0 PRICE SCHEDULE

3.0 DELIVERABLE SCHEDULE