36C24121R0051 0001.docx

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 NUMBERE

D 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 amendmen t, 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) None Department of Veterans Affairs

VA

Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 To all Offerors/Bidders

36C24121R0051 08-06-2021

X X X

09/03/2021 NLT 12:00 PM

See CONTINUATION Page The purpose of this amendment is to answer questions and provide an updated solicitation as follows:

Please see updated schedule of items.

Please see list of questions and answers.

Please see updated solicitation.

CONTRACT OFFICER

CONTINUATION PAGE

A.1 PRICE/COST SCHEDULE

ESTIMATED QUANTITIES: All quantities listed herein are estimated annual quantities. The Government is not obligated to purchase any specified amount of supplies/services under this contract but will be obligated to make payment for all services requested and received in the quantities and of the quality requested. The Government does not guarantee or imply that any fixed number of orders will be placed under the resultant contract.

GUARANTEED MINIMUM: The Government will order at least $5,000,000.00 in supplies/services during the base year of the contract. (Note: The guaranteed minimum order amount applies to the base year only. Award of the additional option period is not guaranteed nor is there a guaranteed minimum order amount in any given option period that is exercised.)

MAXIMUM TOTAL CONTRACT AMOUNT: The aggregate contract maximum over the term of the entire contract (base year and option years) is $44,000,000.

ITEM INFORMATION

Single Vision, in glass, plastic or polycarbonate; includes Tint: solid, gradient, U.V./coat, frames and case - includes regular (dress) frames and safety frames - with Optician Services Contract Period: Base POP Begin: 10-28-2021 POP End: 10-27-2026

Bifocal Vision, In glass, plastic or polycarbonate; Includes tint: solid, gradient, U.V./coat, frames and case, includes regular (dress) frames and safety frames - with Optician Services Contract Period: Base

Trifocal Vision, in glass, plastic or polycarbonate; Includes tint: solid, gradient, U.V./coat, frames and case, includes regular (dress) frames and safety frames - with Optician Services

Progressive Bifocal In glass, plastic or polycarbonate; Includes tint: solid, gradient, U.V./coat, frames and case, includes regular (dress) frames and safety frames - with Optician Services

Transition lens treatment; provide pricing as add-on to the per pair price of eyeglasses listed above, includes regular (dress) frames and safety frames - with Optician Services - Non-branded

Hi-Index 1.67 lens treatment; provide pricing as add-on, includes regular (dress) frames and safety frames - with Optician Services to the per pair price of eyeglasses listed above

Glass PGX - Trivex and Hi-Index Photo Chromatic lens treatment; provide pricing as add-on to the per pair price of eyeglasses listed above, includes regular (dress) frames and safety frames - with Optician Services

Slab Off-Prism Lenses lens treatment; provide pricing as add-on to the per pair price of eyeglasses listed above, includes regular (dress) frames and safety frames - with Optician Services

Aspheric Lenticular/Cataract/Balanced/Prismatic Lenses lens treatment; provide pricing as add-on to the per pair price of eyeglasses listed above, includes regular (dress) frames and safety frames - with Optician Services

Add on Safety Frames

Minor Repairs/Services - replace screws, fixing frames, nosepads,temples; customer issues with prescription, includes regular (dress) frames and safety frames - with Optician Services

Amendment to solicitation 36C24121R0051

1. Regarding Line Item 0005 on the Price/Cost Schedule, “Transition Lens Treatment”, is a non-branded photochromic light adaptive lens acceptable or is brand Transitions® being specifically requested? Brand Transitions® is typically only provided as an upgrade paid for by the patient or if specifically requested by the clinician while a non-branded photochromic is provided as the contract transitions like lens treatment.

ANSWER: (A) Non-branded lens treatment is being requested in the solicitation. If the provider requests the Transitions brand specifically, it will need to be confirmed on an individual order basis with Optometry and Prosthetics.

2. Regarding Line Item 0006 on the Price/Cost Schedule, please specify which hi-index lens treatment is being requested (e.g. 1.60, 1.67, or 1.74). Please consider having separate line items for each index as there are significant cost differences between each. If this is not possible, can VA please breakdown the 7,660 total according to index?

A: The VA requests all the index treatments be available based on the individual prescription; no breakdown of the total will be provided.

3. Section 1.0 of the Performance Work Statement states that 24.6 opticians are required for this contract. Is this number reflective of the number of opticians that are currently employed by the existing contractor or will the number of opticians required under the new contract be more or less than the current requirement and if so by how much?

A: 24.6 opticians requested is an increase from the current contract of 17.0 opticians.

4. Will VA please confirm whether or not the Service Contract Act applies to this solicitation? – A: No, the Service Contract Act does not apply.

5. Will VA please consider revising Section 3.0 of the PWS which states that lost eyeglasses in the shipping and mailing process shall be replaced at the contractors expense within 5 business days to include "unless proof of delivery can be provided by the contractors shipper at which time a new PO would be required"?

A: This will not be revised.

6. Will VA please consider removing the requirement in section 2.7 of the PWS that states the contractor shall make corrections in prescribed errors at no cost to the government? Contractor should not be held responsible for mistakes over which it has no control.

A: No revision is needed – this is related to the vendor’s transcription of the optometrist’s prescription into its software. If the vendor transcribes the order incorrectly, the VA will not pay for this order and/or the VA will be reimbursed. At its own cost, the vendor will correct the order and then charge the VA for the correct prescription.

7. Would VA please consider increasing the required delivery time from 5 business days to 7 business days for standard orders and 10 days for special lenses and jobs requiring anti-reflective coating? 7 business days is customary in most VA solicitations for standard orders.

A: This will not be revised.

8. The solicitation states that 4 identical sample frame kits should be sent “to the following individuals”. However, there does not appear to be any names or shipping addresses listed. Please provide this information so that sample kits can be shipped to the appropriate individuals as requested.

A: All shipping kits should be mailed to the Contracting Officer’s address and then they will be disseminated.

9. Can VA please provide additional details as to what types of frames are being requested as the information provided in section 2.3, part B, is vague. For example, precisely how many men's, women's, and unisex frames are required? How many of various materials including metal, zyl, titanium? What types of hinges (e.g. spring), nose pads (solid or adjustable), sizes etc... This will ensure that offerors provide VA with frame sample kits that are consistent in their content for the purposes of a fair evaluation. (*Side Note: Attached is an example of the frame kit that was requested in the recent VISN 2 Downstate Solicitation) Titanium frames are significantly more expensive than standard metal or zyl frames and as it appears that VA is requesting titanium frames as part of the offerors sample kit would VA please add a separate line item in the price/cost schedule for titanium frames as an add-on?

A: MEN’S - 3 different styles of corded rimless; 10 different styles of zyl (plastic) frames;

12 different styles of men’s metal frames.

WOMAN’S - 3 different styles of corded rimless; 5 different styles of woman’s metal frames; 10 different styles of zyl (plastic) frames with small bridge UNISEX - 2 different styles of metals; 2 different styles of zyl Frames should be a variety of shapes and sizes from small to extra large Nickel free Titanium needs to part of the metal frame selection - Examples of shapes: Aviator; Round; Oval to square; Rectangle

10. Please clarify if price schedule CLIN 0002 refers only to FT-28. Does the CLIN also include FT-35?

A: Yes – includes all.

11. Similarly, please clarify if price schedule CLIN 0003 refers to 7x28. Does the CLIN also include 8x35?

A: Yes – includes all.

12. Please clarify the meaning of “U.V./Coat” on CLINS 0001-0004. Does this mean U.V and scratch coating are required on all CLIN 0001-0004 lenses? Or do U.V. and scratch coating just need to be available?

A: Required for the lenses.

13. Commonly, the unit of measure for the items listed under CLINS 0005, 0006, 0007, and 0009 is Pair (PR). Please confirm if VA intends for these CLINS to be Each (EA), as is currently shown. If so, please confirm that EA is per lens.

A: The unit of measure should be PR-Pair for CLINS 0001-0007 & 0009.

14. Please confirm the pricing for CLINS 0001-0004 are for a complete pair of glasses (2 lenses and one frame). The current unit of measure is EA.

A: Yes – complete pair of glasses. See #4.

15. Please confirm “or equal” products are allowed for the Transition brand mentioned on CLIN 0005.

A: Yes – an equal is allowed. Also, the Transitions brand would also be available for those patients that require that specific brand.

16. Please clarify the index of refraction required for CLIN 0006 Hi-Index lenses.

A: 1.67 High Index

17. Please clarify CLIN 0007. As written, the CLIN seems to ask for several unique items. Please also clarify how the add on for CLIN 0007 would be billed.

A: Contracting will revise, as it tried to combine multiple line items. The Hi-Index lens treatment will be deleted, as it is a repeat of CLIN 0006. It will be billed as a PR-Pair and as an add-on to a base level eyeglass frame set price.

18. Page 20-21 discuss “Low Vision Glasses,” but these items are not included in the price schedule. Will VA adjust the price schedule to account for the low vision glasses requirement, perhaps as an add on, as this is not otherwise covered?

A: The “Low-Vision glasses” will be prescribed among the CLINs already described and be delineated by the required materials, tints, frames and fit overs. No additional line item.

19. Similar to the preceding question, will VA adjust the price schedule to include an add on CLIN for safety frames?

A: CLIN adjustment

20. Recently, the Department of Labor ruled that the Service Contract Act does not apply to VISN eyeglasses procurements under the 339115 NAICS code. Please confirm that the Service Contract Act and its requirements will be removed from the solicitation.

A: The Service Contracting Act does not apply.

21. Please confirm if Buy America applies to the solicitation.

A: No

22. Section 2.3b does not list a total number of frame styles being requested as part of the solicitation. Is there a minimum, maximum or specific number of frame styles being requested that can be clarified?

A: The vendor needs to meet the terms of 2.3b – the response to #23 helps clarify the totals and types. Approx. 50.

23. Section 2.3b does not list any categories (such as mens, womens, unisex) or quantities for various materials (for example, 10 metal, 10 plastic). Is there any specific category or frame material breakdown desired as part of this solicitation?

A: See above answer to question 9.

24. Section 2.3b has a requirement for “A minimum of three (3) titanium frames for both male and female Veterans…” Does this mean minimum 3 titanium frames for men and minimum 3 titanium frames for women, for a total of at least 6 titanium styles? Or a total of at least 3 combined for men and women?

A: 3 each for men and 3 each for women is approved, and/or 1 or 2 unisex options.

25. Are flex titanium memory metal frames acceptable to fit the requirement for titanium frames mentioned in section 2.3b?

A: Yes, if they are nickel free, hypoallergenic.

26. Section 2.3b has a requirement listed for “A minimum of five (5) hypoallergenic frames for both male and female veterans…” Does this mean 5 hypoallergenic frames for men and 5 hypoallergenic frames for women, for a total of at least 10 hypoallergenic styles? Or a total of 5 combined for men and women?

A: 5 each for men and 5 each for women is approved, and/or 2 or 3 unisex options.

27. Are plastic frames acceptable to fit the requirement for hypoallergenic frames mentioned in section 2.3b, or was something more specific as far as material desired for the hypoallergenic requirement? If not plastic, can specific hypoallergenic materials be listed that would satisfy that requirement?

A: There must be hypoallergenic metal frame selection, typically titanium. We presently give our Veterans at least 3 choices of round/oval, rectangle, and aviator style.

28. Safety frames are mentioned in the price schedule, but not mentioned in the frame requirements in section 2.3. Please confirm if safety frames are required as part of the frame collection.

A: Yes

29. On page 69 and 70 of 91 of the solicitation, the Sample Kit requirements list that four identical sample frame kits are needed as part of the offer, but only one address is listed under the section detailing “each of the following individuals”. Are all four identical sample sets to be submitted to the one contact listed, in Brockton MA?

A: All sample frame kits should be mailed to the Contracting Officer’s address.

30. The Sample Kit section on page 69 and 70 does not specify whether the samples required will be one sample per style or frame listed, or some other requirement. For example, if 80 frames are requested for the kit, please confirm that only 80 sample frames are being requested, and not a sample of each individual size and color. Otherwise the 4 required sample kits may very quickly require hundreds of frame samples each.

A: The sample frames should cover a broad range of the highest and lowest sizes, frame styles, etc. Only 80 are requested.

31. We understand the Trade Agreements Act (TAA) requirements do not apply to small business set aside procurements. To our knowledge, no other VISN eyeglasses solicitations contain TAA. Please remove or clarify.

A: This has been removed.

32. Paragraph 2.2.a. on page 18 states that glasses lenses shall be chemically strengthened for impact resistance. Please confirm that glass lenses may also be heat strengthened for impact resistance (as an alternative to chemically strengthened), as this method is also approved by the FDA.

A: Although heat treating is still FDA approved, this contract states chemically strengthened as the required method for reaching impact resistance.

33. Please confirm if UV coating is required on all lenses? See paragraph 2.2.h. Or, does UV coating need to be available when requested?

A: Required on all lenses.

34. Please confirm the total number of eyeglasses frame kits (for on-site fitting) that will be required post-award, by location.

A: A minimum of 3 complete sample kits for each Optometry Clinic VA site is required.

35. Will a sample of every size and color combination of each frame in the contract frame kit be required at the fitting locations? If so, that may end up being a an overly large number of frames to display in limited space. Or will just one sample size and color for each contract frame be required for display in the fitting sites.

A: A minimum of 1 sample size and color contract frame is required from the highest to lowest size. A written document e-mailed to the Contracting Officer and COR that outlines all the specific contract sizes and colors is also required.

36. Please confirm if the contractor is required to accept patient-owned frames for lens only orders. See paragraph 2.3.g. and 2.5. If so, will lens only CLINS be added to the price schedule?

A: 2.3g is correct – no patient-owned or discontinued frames will be used. The 2.5 section was not updated and is an oversite. 2.5 has been removed.

37. Paragraph 2.6 appears more restrictive than the QASP in the solicitation. As the QASP provides contractor performance expectations in detail, we suggest VA removes paragraph 2.6 to eliminate any confusion. Is this acceptable to VA?

A: 2.6 stays written as is. Rewrote the QASP, the original was a copy of a previous solicitation so not all the references lined up.

38. Please confirm if paragraph 2.7 is referring to contractor fabrication errors. Will changes to VA doctor’s prescriptions, or other VA errors, be covered at VA expense?

A: 2.7 refers to contractor errors. VA expense will cover doctors’ errors or other VA-caused errors.

39. All recent VISN eyeglasses solicitations are using at least a 7 business day delivery standard, which is aligned with customary commercial practice. Please change the solicitation delivery requirement to 7 business days, in paragraph 3.0, page 21 (and any other applicable sections). Or, please explain why the standard is more restrictive than customary practice.

A: The current contract is 5 business days and will remain at the standard for the new contract to ensure timely and efficient care for VISN 1 eyecare patients.

40. Please confirm that opticians working on the contract must be licensed in accordance with state requirements.

A: Yes

41. The method of calculation on the Performance Measures table, starting on page 55, is highly susceptible to normal variance, as the denominator in the calculation uses the sample size, rather than the entire population of orders. In order to ensure the calculation is not inadvertently unfair to either the contractor of the VA, the denominator should be the entire population of orders for the period. Will VA adjust the calculation of the performance measures to eliminate this issue?

A: Rewrote the QASP, the original was a copy of a previous solicitation so not all the references lined up.

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

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17a. CONTRACTOR/OFFEROR

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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

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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

36C24121R0051 08-06-2021 Cory Dionne

(774) 826-4806 09-03-2021

12:00 PM

EDT

Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90C) 940 Belmont Street Brockton MA 02301-5596 X X 339115 1000 Employees N/A X Department of Veterans Affairs VA New England Healthcare System

VISN 1

200 Springs Road, Bldg. #61 Bedford MA 01730 Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90C) Belmont Street Brockton MA 02301

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971 877-752-0900 See CONTINUATION Page The purpose of this solicitation is to award a firm fixed price Indefinite Delivery/Indefinite Quantity Contract to one contractor to provide Eyeglasses and related services as described in the Performance Work Statement in support of VA New England Healthcare System (VISN 1). The contractor shall provide all necessary personnel, supervision, labor, equipment, materials and disposal to provide this requirement. Individual Task Order s will be placed to fund.

Period of Performance: 10/28/2021 - 10/27/2026 Wage Determinations are attached Please follow the instructions to offerors to meet the necessary criteria to provide this requirement.

See CONTINUATION Page X X

CONTRACT OFFICER

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

INTENTIONALLY BLANK

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C241 Karla Rotondo Department of Veterans Affairs Network Contracting Office 1 Contracting Officer (90C) 940 Belmont Street Brockton MA 02301-5596

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.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

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

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

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

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

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 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 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor 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 the 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, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor 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.

g. The contractor/subcontractor agrees to:

(1) 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:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform.

(1) 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

(2) 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.

h. 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 contractor/subcontractor is considered to be an employee of the agency.

(1) "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.

(2) "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 particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "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 particular assigned to the individual.

i. The vendor 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, hotfixes, 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.

j. The vendor shall notify VA within 24 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 10 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 5 days.

l. 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

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

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

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

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

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

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

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier.