36C10X23R0064 0003_1.docx

36C10X23R0064

GENERAL INFORMATION

Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

PLACE OF PERFORMANCE

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This amendment provides responses to questions and the necessary updates in the solicitation, as well as extends the response date to 1pm ET on Wednesday, August 9, 2023.

Amendment to a Previous Combined Solicitation Amendment to a Previous Combined Solicitation

Page 1 of

Amendment to a Previous Combined Solicitation

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 To all Offerors/Bidders

36C10X23R0064

X X X

This amendment provides responses to additional questions and the necessary updates to the solicitation

Proposal response date is extended to August 9, at 1PM ET.

Jennifer Swift

VA-OPA-2021-38991498

Page 1 of Page 1 of Questions and Responses to Solicitation #36C10X23R0064

· Option 1: Volume I – Technical Capability to have a section for the IDIQ and a section for the sample task order; OR

· Option 2: Volume I – Technical Capability to only include information on the IDIQ and for there to be a separate volume for information on the task order?

Please clarify the volume numbers and page limitations for either option.

E.1 Instructions to Offerors

Solicitation updated to address Volumes.

No resumes required.

If a CPARS report is available, this needs to be included on Attachment A along with completing Attachment A. If a CPARS is available, Attachment B does not need to be completed.

· Option 1: Volume III – Price to have a section for the IDIQ and a section for the sample task order; OR

· Option 2: Volume III – Price to only include information on the IDIQ and for there to be a separate volume for information on the task order?

Please clarify the volume numbers for either option.

Please confirm that Attachment C should be used to price the IDIQ and the Task Order.

E.1 Instructions to Offerors

Solicitation updated to address Volumes.

Key Personnel requirements not specified. Resumes are not required.

This was corrected with Amendment 0001 N/A

Ensure accessibility compliance is maintained on the websites, etc.

The work/documents will vary and complexity, amount, etc. will dictate the timeframe.

The documents, files, spreadsheets will vary. Websites should be categorized as falling into a Moderate Size and Complexity (like most websites).

10-11

This should be contracts related to this requirement. The reference to “accounting support services” is an error.

Yes, Past Performance reverence should be Attachment B.

That is correct and updated in the solicitation

That is correct and updated in the solicitation

No.

N/A

There is no one license N/A

Not at this time N/A

N/A N/A

Yes. The vendor needs to be fully capable and have whatever needed to perform.

N/A

N/A N/A

Not at this time.

N/A

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.

UEI:

EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C10X23R0064 07-12-2023 Orton Porter 202-746-3116 07-31-2023 12:00 pm

EDT

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703 X X 561499 $21.5 Million N/A X

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

see Section B.3 invoicing/payment) Austin TX 78714-8917 1-(877)-489-6135 See CONTINUATION Page 508 Compliance All proposal intentions, questions and proposals shall be submitted in accordance with instructions to offerors Questions: July 18, by COB.

Proposal Intentions: July 25, by COB.

See CONTINUATION Page X Jennifer Swift Page 1 of 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: To be determined

b. GOVERNMENT: Contracting Officer 36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

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.

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

B.2 Performance Work Statement

1.0 BACKGROUND INFORMATION

The Department of Veterans Affairs (VA) has a legal obligation to its employees as well as members of the public to provide the same (or comparable) access to, and use of, information and services sought by each and every individual. As an agency of the federal government, we are required to abide by the Section 508 legislation. Section 508 of the Rehabilitation Act of 1973, codified at section 29 USC 794d, as amended, ensures those with disabilities have equal access to government information as contained on information and communications technology (ICT), and thereby to the government employment, programs, and services to which all citizens are entitled. Section 508 is only one segment of the accessibility field. As use of information technology has greatly increased within the workplace, and out, in recent years, and additional legislation has required ever-more access to government information, there is a great need for strong, effective action to ensure compliance across the department. Currently, VA/ORMDI doesn’t possess this capability.

1.1 DESCRIPTION OF SERVICES/INTRODUCTION

The Office of Resolution Management, Diversity, and Inclusion (ORMDI) has a requirement to annually post remediated digital files of one (1) VA Management Directive (MD) 715 Report and one (1) VA Affirmative Action Plan compliant with Section 508 requirements. Since VA doesn’t possess these skills, a contract is required.

On an as needed basis, ORMDI has a need for a contractor to provide digital file remediation, compliant with Section 508 requirements in support of our Equal Employment Opportunity (EEO) Investigations process.

ORMDI has a requirement for a contractor to provide on an as needed basis a comprehensive suite of accessibility solutions to ensure equitable access to digital, document and printed information for people with disabilities. This includes remediation of documents, PDF files, memos, files, spreadsheets, graphs, etc. compliant with Section 508 requirements in support of all ORMDI Departments (Human Resources, Education & Training, EEO Investigations, Contracting Cell, etc.).

ORMDI has a need for Information and Communication Technology (ICT) accessibility support with its websites, platforms, and client portals to be audited and tested for 508 Compliance. And if needed, to be made 508 Compliant with an accessibility compliance/verification report provided with work performed. Ongoing maintenance may be required.

The contractor shall perform to the standards in this contract as defined in this Statement of Work, except for those items specified as government furnished property and services.

1.2 OBJECTIVES & SCOPE:

Provide 508 compliant remediated PDF files and compliance reports for one (1) MD-715 report and one (1) Affirmative Action Plan that are fully accessible, searchable, properly indexed, and paginated. Each package is comprised of approximately one 340-page document and one 25-page document. Anticipated annually.

Deliverables A. One remediated MD-715 Report and associated Affirmative Action Plan, compliant with Section 508 requirements and compliance reports generated for each file due 15 days after vendor receipt Provide on an as needed basis, digital file remediation, compliant with Section 508 requirements in support of our Equal Employment Opportunity (EEO) Investigations process and compliance report.

Deliverables B. Digital File Remediation and compliance report Provide on an as needed basis a comprehensive suite of accessibility solutions to ensure equitable access to digital, document and printed information for people with disabilities. This includes remediation of documents, PDF files, memos, files, spreadsheets, graphs, etc. compliant with Section 508 requirements and compliance report.

Deliverables C. Remediation of documents, PDF files, memos, files, spreadsheets, graphs, etc. and compliance report for each work assignment On an as needed basis, provide ICT support via a comprehensive suite of accessibility auditing solutions to address ORMDI websites, platforms, and client portals for 508 Compliance with a report of findings. Perform 508 Compliance work on websites, platforms, and client portals with an accessibility compliance/verification report (Compliant with Web Content Accessibility Guidelines (WCAG) 2.1 A/AA) provided with each assignment.

Deliverables D. Accessibility auditing and testing of websites, platforms, and client portals with a report of findings E. Perform 508 Compliance work on websites, platforms, and client portals and provide accessibility compliance/verification report for each assignment F. Provide ongoing maintenance

1.3 DELIVERY SCHEDULE:

Deliverables are identified at the task order level. The below schedule is an estimated schedule

A.

Remediate File package compliant with 508 requirements

A1 Report 1 Action Plan Due 15 days after vendor receipt

2 Compliance Reports Due 15 days after vendor receipt

B.

Digital File Remediation 508 compliant remediated PDF file that is fully accessible, searchable, properly indexed, and paginated.

C.

Remediation of documents, PDF files, memos, files, spreadsheets, graphs, etc.

Remediated documents, PDF files, memos, files, spreadsheets, graphs, etc.

D.

Accessibility auditing and testing of websites, platforms, and client portals

E.

Perform 508 Compliance work on websites, platforms, and client portals

508 Accessibility Compliance/Verification Report

F.

Provide ongoing maintenance

1.4 PERIOD OF PERFORMANCE: The period of performance shall be for one (1) Base Period of 12 months and four (4) option years.

1.5 RECOGNIZED HOLIDAYS: The contractor is not required to perform services on the following holidays:

There are eleven (11) Federal holidays set by law (USC Title 5 Section 6103) that VA follows: Under current definitions, five are set by date:

New Year's Day January 1 Juneteenth June 19 Independence Day July 4 Veterans Day November 11 Christmas Day December 25 If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

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

Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November

1.6 PLACE OF PERFORMANCE: Place of performance is at contractor’s business site.

1.7 TYPE OF CONTRACT: The government anticipates award of a Indefinite Delivery/Indefinite Quantity (IDIQ) type contract with a minimum dollar amount of $500.

1.8 QUALITY CONTROL: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Statement of Work. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract.

1.9 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

B. 508 compliant remediated PDF file that is fully accessible, searchable, properly indexed and paginated

100% compliance with requirements

A reduction in BPA payment of 1% will be deducted each calendar day until the performance standard is met.

Accuracy and timeliness of performance of task

C. 508 compliant remediated documents, PDF files, memos, files, spreadsheets, or graphs, etc.

100% compliance with requirements

A reduction in BPA payment of 1% will be deducted each calendar day until the performance standard is met.

Accuracy and timeliness of performance of task

Accuracy and timeliness of performance of task

100% compliance with requirements with zero critical errors and passing 90% or more of the WCAG 2.1 A/AA requirements.

A reduction in BPA payment of 1% will be deducted each calendar day until the performance standard is met.

Accuracy and timeliness of performance of task

100% compliance with requirements with zero critical errors and passing 90% or more of the WCAG 2.1 A/AA requirements.

A reduction in BPA payment of 1% will be deducted each calendar day until the performance standard is met.

Accuracy and timeliness of performance of task

1.10 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.

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. Contractor does not need access to VA system or VA sensitive information.

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.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Remediated MD-715 Report & Affirmative Action Plan Contract Period: Base POP Begin: 09-05-2023 POP End: 09-04-2024

508 compliant remediated PDF file

Remediated documents, files, memos, spreadsheets, graphs

Perform accessibility auditing-websites/platforms/client portals

Perform compliance work on websites, platforms & client portals

Maintain websites, platforms, and client portals for 508 Compliance

Remediated MD-715 Report & Affirmative Action Plan Contract Period: Option 1 POP Begin: 09-05-2024 POP End: 09-04-2025

508 compliant remediated PDF file

Remediated documents, files, memos, spreadsheets, graphs

Perform accessibility auditing-websites/platforms/client portals

Perform compliance work on websites, platforms & client portals

Maintain websites, platforms, and client portals for 508 Compliance

Remediated MD-715 Report & Affirmative Action Plan Contract Period: Option 2 POP Begin: 09-05-2025 POP End: 09-04-2026

508 compliant remediated PDF file

Remediated documents, files, memos, spreadsheets, graphs

Perform accessibility auditing-websites/platforms/client portals

Perform compliance work on websites, platforms & client portals

Maintain websites, platforms, and client portals for 508 Compliance

Remediated MD-715 Report & Affirmative Action Plan Contract Period: Option 3 POP Begin: 09-05-2026 POP End: 09-04-2027

508 compliant remediated PDF file

Remediated documents, files, memos, spreadsheets, graphs

Perform accessibility auditing-websites/platforms/client portals

Perform compliance work on websites, platforms & client portals

Maintain websites, platforms, and client portals for 508 Compliance

Remediated MD-715 Report & Affirmative Action Plan Contract Period: Option 4 POP Begin: 09-05-2027 POP End: 09-04-2028

508 compliant remediated PDF file

Remediated documents, files, memos, spreadsheets, graphs

Perform accessibility auditing-websites/platforms/client portals

Perform compliance work on websites, platforms & client portals

Maintain websites, platforms, and client portals for 508 Compliance

B.4 DELIVERY SCHEDULE

36C10X23R0064 Identified at the task order level.

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SECTION C - CONTRACT CLAUSES

C.1 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors.