36C24124Q0413.docx

SUBJECT*

VACHS Fire Damper Inspection and Testing (VA-24-00057073)

GENERAL INFORMATION

SET-ASIDE

VAMC Manchester

718 Smyth Road Manchester NH 03104

POINT OF CONTACT*

Contract Specialist Nathan Langone Nathan.Langone@va.gov 603-340-0102

PLACE OF PERFORMANCE

950 Campbell Ave

West Haven CT

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Sources Sought Notice Sources Sought Notice

DESCRIPTION

Sources Sought Notice

This is a Sources Sought notice only. This is not a request for quotes and no contract will be awarded from this announcement. The Government will not provide any reimbursement for responses submitted in response to this Source Sought notice. Respondents will not be notified of the results of the evaluation.

If a solicitation is issued it shall be announced at a later date, and all interest parties must response to that solicitation announcement separately. Responses to this notice are not a request to be added to a prospective bidders list or to receive a copy of the solicitation The purpose of this announcement is to perform market research to gain knowledge of potential qualified sources and their size classification relative to NAICS 811310 (Commercial and Service Industry Machinery) SBA size standard $12.5 Million. The Department of Veterans Affairs (VA), Network Contracting Office 1 (NCO 1) is seeking to identify any vendor capable of providing VAMC West Haven with Fire Damper Inspection and Testing. The full SOW is attached below for reference.

This Sources Sought notice provides an opportunity for respondents to submit their capability and availability to provide the requirement described below. Vendors are encouraged to submit information relative to their capabilities to fulfill this requirement, in the form of a statement that addresses the specific requirement identified in this Sources Sought. Information received from this Sources Sought shall be utilized to facilitate the Contracting Officer’s review of the market base, for acquisition planning, size determination, and procurement strategy.

Submission Instructions: Interested parties who consider themselves qualified to perform the services are invited to submit a response to this Sources Sought Notice by 17:00 EST, 4th of April 2024. All responses under this Sources Sought Notice must be emailed to Nathan.Langone@va.gov with Sources Sought # 36C24124Q0413 in the subject line. Telephone inquiries will not be accepted or acknowledged, and no feedback or evaluations will be provided to companies regarding their submissions.

Interested parties should complete the attached Sources Sought Worksheet. Parties may submit additional information related to their capabilities, provided it contains all the requirements contained in the Sources Sought Worksheet. Responses to this Sources Sought shall not exceed 8 pages. In addition, all submissions should be provided electronically in a Microsoft Word or Adobe PDF format.

Attachment 1 Sources Sought Worksheet

QUALIFICATION INFORMATION:

Company / Institute Name: _______________________________________________________ Address: ______________________________________________________________________ Phone Number: ________________________________________________________________ Point of Contact: _______________________________________________________________ E-mail Address: ________________________________________________________________ Unique Entity Identifier (UEI) #: ___________________________________________________ CAGE Code: __________________________________________________________________ SAM Registered: (Y / N) Other available contract vehicles applicable to this sources sought (GSA/FSS/NASA SEWP/ETC): __________________________________________________________________

SOCIO-ECONOMIC STATUS:

VIP Verified SDVOSB: (Y / N) VIP Verified VOSB: (Y / N) 8(a): (Y / N) HUBZone: (Y / N) Economically Disadvantaged Women-Owned Small Business: (Y / N) Women-Owned Small Business: (Y / N) Small Business: (Y / N) NOTE: Respondent claiming SDVOSB and VOSB status shall be registered and Center for Veterans Enterprise (CVE) verified in VetBiz Registry www.vetbiz.gov.

BASED ON THE RESPONSES TO THIS SOURCES SOUGHT NOTICE/MARKET RESEARCH, THIS REQUIREMENT MAY BE SET-ASIDE FOR SDVOSB, VOSB, SMALL BUSINESSES OR PROCURED THROUGH FULL AND OPEN COMPETITION.

CAPABILITY STATEMENT:

Provide a brief capability and interest in providing the service as listed in Attachment 2 Statement of Work with enough information to determine if your company can meet the requirement. The capabilities statement for this Sources Sought is not a Request for Quotation, Request for Proposal, or Invitation for Bid, nor does it restrict the Government to an ultimate acquisition approach, but rather the Government is requesting a short statement regarding the company’s ability to provide the services outlined in the SOW. Any commercial brochures or currently existing marketing material may also be submitted with the capabilities statement. This synopsis is for information and planning purposes only and is not to be construed as a commitment by the Government. The Government will not pay for information solicited. Respondents will not be notified of the results of the evaluation.

STATEMENT OF WORK

FIRE AND SMOKE DAMPER SURVEY, INSPECTION, AND TESTING

Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance

BACKGROUND

VA Connecticut Healthcare System West Haven and Newington Campuses require complete Survey, Inspection and Testing of Fire and Smoke Dampers. VACHS is currently seeking services for all labor, materials, transportation, parts, disposal, and expertise necessary to provide required inspections and testing.

JUSTIFICATION

Veterans Health Administration (VHA) seeks to continue to improve the operational capabilities by establishing services that result in few operational problems, improved communications, increased efficiency within the facility and improve the quality of services to veterans as required by VHA Directives.

LOCATION OF SERVICES

VA Connecticut Healthcare System Fire and Smoke Damper Survey, Inspection, and Testing

VA Medical Center West Haven 950 Campbell Avenue West Haven, CT 06516 VA Medical Center Newington 555 Willard Avenue Newington, CT 06111

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PERIOD OF PERFORMANCE

The period of performance is 90 calendar days from NTP.

QUALIFICATIONS

To be considered eligible for consideration, potential bidders shall provide upon request, documentation of factory certified service/maintenance training on the specific equipment under the terms of this contract. The Contracting Officer and/or Contracting Officer’s Representative (COR) specifically reserve the right to reject any of the Service Provider’s personnel and refuse them permission to work on the equipment outlined herein, based upon credentials provided.

SCOPE OF WORK

The Service Provider shall furnish all labor, materials, equipment, tools, supervision, disposal, and all incidentals to complete the work for the services described in this document including inspections and testing required per NFPA 101, NFPA 105 2021, and NFPA 80 2021).

Scheduled survey, inspections and testing shall be completed Monday through Friday in non-critical/non-patient care Buildings during regular business hours or as coordinated; or Monday through Saturday outside of regular business hours after 5:00 p.m. and before 6:00 a.m. or as coordinated with the VA COR for Sunday. A minimum notice of fourteen (14) calendar days. No work shall be performed on Government Holidays unless an emergency status has been indicated by the VA Contracting Officer.

The VA Connecticut Healthcare System Newington Medical Center Campus normal operating hours are 7:00 a.m. – 5:00 p.m. Special consideration and coordination may be required to access pharmacy, procedure and treatment rooms.

The VA Connecticut Healthcare System West Haven Medical Center Campus is a 24 hour tertiary care Medical Center and may require special consideration and coordination to access operating rooms, intensive care units, inpatient wards, inpatient and outpatient pharmacy, procedure, laboratory, and treatment rooms.

Service Provider shall coordinate with VA COR and Safety & Outage Coordinator to ensure that no patients are within critical patient areas and/or receiving treatment before performing work. Work in Canteen storage areas requires coordination with Canteen Service for access and escort personnel.

Operation of smoke dampers require the initiation of the fire alarm system. Service Provider and sub-contractors shall coordinate with VA COR, Safety & Outage Coordinator, and VA Connecticut Safety for contact information to the Fire Alarm Company servicing Newington and West Haven campuses. Include all costs associated with required work and support to shunt master box, trip smoke detector in affected smoke zone and witness smoke damper operation.

Newington and West Haven Fire Alarm Servicer:

Veterans Fire Life Safety Rod Davis rod.davis@vflsc.com

Description of Services:

1. Service Provider shall schedule and coordinate work with VA COR.

2. Any outages shall follow proper coordination and notification through the VA COR and Safety & Outage Coordinator.

3. All LOTO requests and procedures shall be in compliance with the VA Connecticut Healthcare System Medical Center Policy 138-075. Coordinate all LOTO with the VA COR and Safety & Outage Coordinator.

4. Service provider shall locate all fire dampers and smoke dampers, and once located, operate (actuate) or identify inoperable dampers. Hospital furnished data and VA HVAC Shop Personnel shall be used as a guide for location. Dampers in mechanical rooms, offices and corridors are accessible via panels in the ceiling and ductwork.

a. VACHS will furnish Damper Inventory for West Haven B1 and B2.

b. VACHS will provide electronic construction documents for the Newington Campus Modernization Project including B1, B2W, B2C, and B2E.

5. The alphanumeric designation used for each damper identification tag shall begin with the particular damper’s building number, floor location, followed by the damper’s wing location and number of the damper within the floor. Note the location on the drawings submitted to the VA.

6. Service Provider shall inspect and certify all fire and smoke dampers at the VA Connecticut Healthcare System Newington and West Haven Campus Buildings in accordance with the Newington and West Haven Campus Buildings identified herein.

7. Service Provider shall remove and reset fusible links to verify that each damper fully closes, and if necessary, replace any fusible link that is compromised. Provide a recommended specification for VA Connecticut review and approval.

8. Service Provider shall remove debris and lubricate all moving parts on each damper. Damper shall be exercised to ensure it can move freely.

9. Service Provider shall clear each damper of any debris that would impede the damper’s normal operation. Remove and dispose of debris.

10. Service Provider shall replace or repair damaged or oxidized springs. Replace missing access handles for the doors for the fire and smoke dampers.

11. Service Provider shall perform and provide safety, supervision, PPE and cleanup associated with completing the referenced inspections and testing.

12. Work shall be completed in accordance with industry standard and comply with VA Regulations and code requirements to include but not limited to OSHA and NFPA.

13. All Areas of work shall be considered clinical area and require full dust containment with HEPA exhaust.

14. Areas of the Operating Room, Sterile Processing Service, and other areas considered to be Sterile may require the Service Provider to wear disposable shoe covers, overalls, and head cover.

15. Work in corridors and public areas require dust containment. In corridors, public areas, and clinical areas, provide containment via AIRE GUARDIAN TITAN mobile Dust Containment Cart, Model AG8000 or equivalent. Do not block egress in the execution of work.

16. Work that requires dust protection measures and localized cleanup to prevent the introduction or transmission of dust into the Medical Center. Dust protection measures include containment. Dust and debris must be removed, and the area cleaned prior to moving to another worksite. Service Provider shall damp mop as required to control dust and keep traffic areas clean and safe. Place cones and signage to mark wet areas. The Service Provider shall take all precautions as required to control dust and not disrupt hospital operations.

17. A safe environment shall be always maintained. Tools, equipment and work area shall be secure. Do not leave work site (tools, equipment, etc.) unattended or accessible by the public.

18. Prohibited equipment: Work area is within an active medical center. Equipment that uses hydrocarbon fuel, flammable fuel, and/or produces carbon monoxide exhaust are prohibited from use within the medical center or where fumes can be introduced into the medical center. At its option the Service Provider shall use either electric or electric pneumatic tools to perform the required work.

19. Means of egress: Do not block any exit, discharge, or path of travel from occupied buildings.

20. Service Provider shall request and coordinate outages of smoke detectors with the VA COR/ VA Connecticut Safety Office.

Deliverables

1. Prior to the start of work, provide the following:

a. Site Specific Safety Plan

b. Schedule of Work Plan

c. When Hours Work Plan and Request

d. Infection Control Plan

2. Service Provider shall provide a complete inventory database in hard copy and electronic format.

3. Service Provider shall provide a written, hard copy and digital report to be delivered to document dampers as of the date of the report. Based on information provided to Service Provider by VA, Service Provider agrees to provide the following inspection services with respect to VA’s Dampers (collectively, “Inspection Services” reference NFPA 105 2021 and NFPA 80 2021).

a. Include spreadsheet inventory with location, damper’s identification number, and pass/fail status of inspection.

b. For failed dampers, provide a detailed report and explanation of the failure and corrective action.

4. Service Provider shall provide a recommendation of dampers not required and estimated cost of decommissioning.

5. Service Provider shall provide a written report of any deficiencies discovered to the VA COR and Contracting Officer.

6. If a condition arises where there is no access to a damper, Serviced Provider shall recommend access door, access door size and cost to provide a complete installation. Access doors shall be UL listed and approved for 2-hour wall or ceiling, size up to 24”x24”. Base cost shall provide for installation in plaster and drywall only.

7. The VA will furnish electronic floor plan drawings in AutoCAD format to the Service Provider.

8. Service Provider shall provide Life Safety Drawings indicating the location of each damper in AutoCAD format and provide finalized drawings in 24x36 hard copy and electronic format. Place an ID sticker identifying each damper as well as a “Fire Damper” Sticker on the ceiling grid indicating the presence of a fire damper.

West Haven Campus Buildings Building 1: Clinical Building 2: Clinical Building 2A: Clinical - NIC Building 3: Admin Building 4: Admin Building 5: Admin/Research Building 6: Admin Building 7: NIC Building 8: Admin Building 8A: Admin Building 9: Admin Building 10: NIC Building 11: NIC Building 11A: NIC Building 12: Admin Building 12A: NIC Fisher House: Hospitality Building 14A: NIC Building 15: Engineering Building 15A: NIC Building 16: Engineering Building 19: Engineering Building 21: NIC Building 22: NIC Building 24: Engineering Building 27: Research Building 32: Engineering Building 34: Research Building 35: Admin Building 35A: Admin/Research Building 36: Clinical Building 36A: NIC Building 38: Engineering Building 39: Engineering Building 50: Engineering Page 1 of

West Haven Fire Damper Inventory for B1 and B2

West Haven Building 1 Inventory

West Haven Building 1 Dampers and Locations

West Haven Building 2 Inventory

West Haven Building 2 Dampers and Locations

Fisher House Emergency

West Haven Campus Map: Not to Scale

Newington Campus Buildings

Building 1: Clinical Building 2C: Clinical Building 2E: Admin/Clinical Building 2W: Clinical Building 3: Engineering Building 4: NIC Building 11: Engineering - NIC Building 6: NIC Victory Gardens Not in Contract Building 7: NIC Building 8: NIC Building 11: NIC Building 12: NIC Building 14: NIC Building 21: NIC Building 30: NIC Building 32: NIC

Building 33: NIC Building 34: NIC Building 42: Admin Building 44: NIC Building 46: NIC Building 50: NIC Building 64: NIC Building 65: Engineering Building 168: NIC

Newington Campus Map: Not to Scale All Service Provider personnel, sub-contractors and representatives visiting VA sites will be required to sign in upon arrival at Building 15 in West Haven or the 3rd Floor of Building 3 in Newington and/or retain a temporary VA badge. Each visiting individual be required to enter their name, their company’s name, VA project title, reason for visit, and the times of arrival and departure. Arrangements for after normal hour working site visits must be made in advance and during normal working hours.

A. General: The Contracting Officer reserves the right to terminate any services, without payment for services completed, if such services are not needed or are not being adequately completed.

B. Approved Plans and Permits: Prior to the start of construction, submit to VA copies of all required permits.

C. Site Visits: Day to day administration will be performed by the COR. Periodic reviews, tests, and other field observation by the Government are not to be interpreted as superintendence nor as resulting in any approval of the Service Provider’s apparent progress toward meeting the Government’s objectives; but are intended to discover any information that the Contracting Officer may be able to call to the Service Provider’s attention to prevent costly misdirection of effort.

The Service Provider shall remain responsible for constructing, operating, and maintaining the site in full accordance if the requirements of this solicitation.

The Service Provider shall provide VA with a copy of all inspection reports for inspections conducted by local, regional, and state code authorities from the start of construction through issuance of the certificate of occupancy or completion.

D. The Service Provider shall develop and provide to the VA the following:

a. Safety Plan: The Service Provider shall produce work in accordance with the latest editions of all applicable DVA guidelines (e.g. Standards, Master Specifications, Standard Details, Special Design Criteria to meet Hospital Joint Commission (JCAHO) requirements), NFPA, Federal and State codes pertinent to the project scope.

b. Schedule of Work Plan.

c. When Hours Work Plan and Request.

d. Infection Control Plan.

E. All applicable personnel on site are required to obtain an Occupational Safety and Health Administration (OSHA) 10 hour certification, and the site competent person for the Service Provider must obtain an OSHA 30 hour construction certification.

F. Per VA Directive 1805, smoking vaping, and smokeless tobacco are prohibited on the grounds of VA facilities, including in vehicles. This Directive applies to all Service providers and their employees.

G. No photography of VA premises is allowed without written permission of the contracting officer. Patients and staff are not to be photographed at any time.

H. Prior to commencing work onsite, all Service providers and provider personnel shall furnish proof of receipt of required COVID vaccinations and boosters in compliance with current VHA Directives.

I. Prior to commencing work onsite, all Service providers and provider personnel shall furnish proof of receipt of required Tuberculosis testing in compliance with VHA Directive 1131(5), dated June 04, 2021.

J. Parking for Service provider and its employees shall be in designated areas only. Service provider to coordinate with COR.

K. The Service provider shall confine all operations (including storage of materials) on government premises to areas authorized or approved by the VA Contracting Officer. The Service provider shall hold and save the government, its officers, and agents, free and harmless from liability of any nature occasioned by the Service provider’s performance. Working space and space available for storing materials shall be as determined by the COR. Workers are subject to the rules of the Medical Center applicable to their conduct. Execute work in such a manner as to reduce impacts with work being done by others.

L. Billing: Provide COR with a report or statement of work completed and include statements with request for payment. Statement should include service completed and the date each service item was completed. Labor charges shall be billed hourly, and any unused labor totals will be credited back to the VA Medical Center on the next billing cycle, upon receipt of the service report.

Safety Codes / Certification / Licensing:

Environmental abatement work, if necessary, is to be performed by Service Provider under supervision and monitoring for the VA by a Certified Industrial Hygienist.

The Service Provider shall comply with all codes as described above, as well as codes customarily applied in VA construction jobs such as NFPA fire code, OSHA, VA Design Guides, etc. Labs used by the Service Provider shall be licensed as required by any applicable governing agencies, and their certifications and licenses shall be included in the reports.

Travel:

Service Provider and/or subcontractors will travel from their place of business to the West Haven and Newington VA Medical Center of the VA Connecticut Healthcare System.

Site Visit:

There is a mandatory site visit to bid on this contract. Please reach out to Melissa Metevelis at Melissa.Metevelis@va.gov.

APPENDIX A

INFECTION PREVENTION MEASURES

A. Implement the requirements of VA Medical Center’s Infection Control Risk Assessment (ICRA) team. ICRA Group may monitor dust, in the vicinity of the construction work, and require the Contractor to take corrective action immediately if the safe levels are exceeded.

B. Establish and maintain a dust control program as part of the contractor’s infection preventive measures in accordance with the guidelines provided by ICRA Group as specified here. Prior to start of work, prepare a plan detailing project-specific dust protection measures, including periodic status reports, and submit to Project Manager and Facility ICRA team for review for compliance with contract requirements in accordance with Section 01340, SAMPLES AND SHOP DRAWINGS.

1. All personnel involved in the construction or renovation activity shall be educated and trained in infection prevention measures established by the medical center.

C. Medical Center Infection Control personnel shall monitor for airborne disease (e.g. aspergillosis) as appropriate during construction. A baseline of conditions may be established by the medical center prior to the start of work and periodically during the construction stage to determine impact of construction activities on indoor air quality. In addition:

1. The Project Manager and VAMC Infection Control personnel shall review pressure differential monitoring documentation to verify that pressure differentials in the construction zone and in the patient-care rooms are appropriate for their settings. The requirement for negative air pressure in the construction zone shall depend on the location and type of activity.

Upon notification, the contractor shall implement corrective measures to restore proper pressure differentials as needed.

2. In case of any problem, the medical center, along with assistance from the contractor, shall conduct an environmental assessment to find and eliminate the source.

D. In general, following preventive measures shall be adopted during construction to keep down dust and prevent mold.

1. Dampen debris to keep down dust and provide temporary construction partitions in existing structures where directed by Resident Engineer. Blank off ducts and diffusers to prevent circulation of dust into occupied areas during construction.

2. Analyze each site during design to determine the effects of blocking HVAC ducts and their impact on existing air handling systems that must remain operational before initiating a dust control program. The method of capping ducts shall be dust tight and withstand airflow.

3. Construct anteroom to maintain negative airflow from clean area through anteroom and into work area where required.

4. High risk patient care areas may require additional measures like air locks, special signage, smoke and negative pressure alarms.

5. Identify these areas clearly on the drawings and work with Medical Center personnel to achieve desired level of isolation suited to the scope of risk involved.

6. Do not perform dust- producing tasks within occupied areas without the approval of the Project Manager. For construction in any areas that will remain jointly occupied by the medical Center and Contractor’s workers, the Contractor shall:

a. Provide dust proof fire-rated temporary drywall construction barriers to completely separate construction from the operational areas of the hospital in order to contain dirt debris and dust. Barriers shall be sealed and made presentable on hospital occupied side. Install a self-closing rated door in a metal frame, commensurate with the partition, to allow worker access. Maintain negative air at all times. A fire retardant polystyrene, 6-mil thick or greater plastic barrier meeting local fire codes may be used where dust control is the only hazard, and an agreement is reached with the Resident Engineer and Medical Center.

b. HEPA filtration is required where the exhaust dust may reenter the breathing zone. Contractor shall verify that construction exhaust to exterior is not reintroduced to the medical center through intake vents, or building openings. Install HEPA (High Efficiency Particulate Accumulator) filter vacuum system rated at 95% capture of 0.3 microns including pollen, mold spores and dust particles. Insure continuous negative air pressures occurring within the work area. HEPA filters should have ASHRAE 85 or other pre-filter to extend the useful life of the HEPA. Provide both primary and secondary filtrations units. Exhaust hoses shall be heavy duty, flexible steel reinforced and exhausted so that dust is not reintroduced to the medical center.

c. Adhesive Walk-off/Carpet Walk-off Mats, minimum 24” x 36”, shall be used at all Interior transitions from the construction area to occupied medical center area.

These mats shall be changed as often as required to maintain clean work areas directly outside construction area at all times.

d. Vacuum and wet mop all transition areas from construction to the occupied medical center at the end of each workday. Vacuum shall utilize HEPA filtration.

Maintain surrounding area frequently. Remove debris as they are created. Transport these outside the construction area in containers with tightly fitting lids.

e. The contractor shall not haul debris through patient-care areas without prior approval of the Resident Engineer and the Medical Center. When, approved, debris shall be hauled in enclosed dust proof containers or wrapped in plastic and sealed with duct tape. No sharp objects should be allowed to cut through the plastic. Wipe down the exterior of the containers with a damp rag to remove dust. All equipment, tools, material, etc. transported through occupied areas shall be made free from dust and moisture by vacuuming and wipe down.

f. Using a HEPA vacuum, clean inside the barrier and vacuum ceiling tile prior to replacement. Any ceiling access panels opened for investigation beyond sealed areas shall be sealed immediately when unattended.

g. There shall be no standing water during construction. This includes water in equipment drip pans and open containers within the construction areas. All accidental spills must be cleaned up and dried within 12 hours. Remove and dispose of porous materials that remain damp for more than 72 hours.

h. At completion, remove construction barriers and ceiling protection carefully, outside of normal work hours. Vacuum and clean all surfaces free of dust after the removal.

E. Final Cleanup:

1. Upon completion of project, or as work progresses, remove all construction debris from above ceiling, vertical shafts and utility chases that have been part of the construction.

2. Perform HEPA vacuum cleaning of all surfaces in the construction area. This includes walls, ceilings, cabinets, furniture (built-in or free standing), partitions, flooring, etc.

1. All new air ducts shall be cleaned prior to final inspection. SPEC WRITER NOTE: On small projects developed at Medical Center, Engineering Officer may tag items to be removed and stored, instead of noting such items on drawings or in specifications.

END OF APPENDIX

APPENDIX B

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

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 contractor personnel safeguard the classified information in their possession while performing work on contracts, programs, bid, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Secretary 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 onsite 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 terminator 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, 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 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 designation 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;

i. 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 ii. 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 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 A/E 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 A/E anywhere in the Systems including Operating Systems and firmware. The A/E shall ensure that Security Fixes shall not negatively impact the Systems.

j. The A/E 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 7 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the A/E will provide written notice to the VA that the patch has been validated as not affecting the System within 10 working days. When the A/E is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 7 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…