36C24124Q0823_1.docx

36C24124Q0823

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26.

TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C24124Q0823 08-06-2024 Cory Dionne

(774) 826-4806 08-21-2024

10:00 AM

EDT

Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301 X X 238220 $19 Million N/A X Department of Veterans Affairs Connecticut HCS West Haven VAMC 950 Campbell Avenue West Haven CT 06516-2770 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 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 government intends to award a firm fixed price purchase order contract to one vendor to provide this requirement.

Contractor shall provide all personnel, supervision, labor, equipment, materials and disposal necessary to provide this requirement pursuant to the schedule of items described herein.

Wage Determination:

WD # 2015-4127 Revision # 28 Last Revised Date Jul 22, 2024 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 Department of Veterans Affairs VA Boston Healthcare System Contracting Officer (90C) 940 Belmont Street Brockton MA 02301

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

36C24124Q0823

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STATEMENT OF WORK

BUILDING 1 SUBGROUND EMERGENCY

STEAM AND SANITARY PIPING REPLACEMENT

VA CONNECTICUT HEALTHCARE SYSTEM (VACHS)

VA MEDICAL CENTER WEST HAVEN

950 CAMPBELL AVENUE

WEST HAVEN, CT 06516

BACKGROUND

VA Connecticut Healthcare System requires emergency remediation of a confined space located in the Sub Ground Floor of Building 1 and replacement in kind of all steam piping and sanitary piping.

During a planned steam outage over the weekend of 07/12/2024 – 07/14/2024, a planned repair was scheduled to be completed to a small scope of steam piping and equipment located in Building 1, Sub Ground Confined Spaces 60A and 60B located in the Elevator Pit Access. The confined spaces were found to contain sewage from decayed and disintegrated sanitary piping along with multiple steam leaks and breaks contributing to leaks in old steam distribution piping. Fluid located in the confined space is currently preventing piping repairs and may be an environmental hazard and requires emergent removal and remediation.

JUSTIFICATION

VA Medical Center West Haven has experienced the development of multiple steam pipe leaks that have developed or increased in size have impacted the Sub Ground Floor. Impacts of increased and uncontrollable humidity, condensation, and moisture leaks have closed administrative offices within the Sterile Processing Service Department, limited patient access to critical care Imaging and MRI services and is actively creating an infection control hazard.

Increased humidity has impacted and damaged smoke detection and fire alarm components in the medical center and has caused patient elevators to stop due to steam disrupting smoke detectors, pull stations, duct detectors, and elevator recalls. Increased humidity has additionally impacted radiographical inspection services for ongoing capital projects construction to replace high pressure steam distribution piping in the adjacent Building 1, Sub Ground Mechanical Room SG182.

Increased humidity damaged ceiling tiles and caused damage to interior building finishes. A subsequent OSHA Complaint was received on 07/29/2024 about the steam and humidity in the Sub Ground during the week of 07/22/2024 – 07/26/2024.

Two emergency steam shutdowns were conducted with emergency contracting authorization to replace two steam pipes in the Sub Ground that contributed to the steam leak and impact within the Sub Ground. The initial repair was scheduled on 07/24/2024 and was unable to be completed due to return patient surgeries in the Operating Room and was completed on 07/25/2024.

Additional steam leaks developed in the immediate area following the regeneration of steam and four additional pipes were repaired on 07/27/2024; examples of existing piping condition are conveyed in the attached photographs.

Emergency Repair and Replacement of steam distribution piping and sanitary piping is required to support mission critical operations and critical steam utility service. Complete loss of steam distribution due to a required steam outage in order to correct necessary piping replacement at the Medical Center will impact hot water serving the entire medical center functions including facility hot water, Nutrition & Food Service, Canteen, Sterile Processing Service, Utilization of the Operating Room Suite to support Surgical Procedures, and humidity controls in Mechanical Systems.

PLACE OF PERFORMANCE

The place of performance for this contract is VA Connecticut Healthcare System, West Haven VA Medical Center located at 950 Campbell Avenue, West Haven, CT 06516.

PERIOD OF PERFORMANCE

Actual piping repairs and replacement will be required to be completed during a designated continuous 9 (nine) day facility steam outage that will require ongoing multi-shift/24-hour Service Provider support throughout the duration. A steam outage will be planned at 06:00 August 31, 2024 – 15:00 September 08, 2024 to support the completion of this work.

QUALIFICATIONS

To be considered eligible for consideration, potential offerors shall have a field service representative located within 200 miles of the West Haven Campus of the VA Connecticut Healthcare System. Offerors shall provide upon request, documentation of certification/training on the specific equipment under the terms of this contract.

Offerors shall be qualified to perform work on steam distribution systems to include steam traps, steam stations, and pressure reducing valves, domestic water systems, sanitary systems, fire protection and sprinkler systems, and mechanical systems and be familiar with the VA Medical Center Steam Distribution System and have completed prior steam distribution piping replacement projects for VA Connecticut Healthcare System.

Offerors shall submit with 24-hour multi shift capability to complete all piping replacements in the designated areas within the designated timeframe or otherwise show a schedule of how the work will be completed within the designated timeframe.

Pre-Bid Site Visit VA West Haven will perform a planned steam outage 08/10/2024 through 08/11/2024 and will accommodate site visits for interested offerors. Potential offerors shall attend a mandatory site visit, complete a sign-in sheet, and observe the Lock out/Tag out within the Boiler Plant.

Offerors shall plan to report on site at 7:00 a.m. on 08/10/2024 or 08/11/2024 in the West Haven Medical Center Boiler Plant located behind Building 15 at 950 Campbell Avenue; West Haven, CT 06516 to attend a Safety Briefing and apply contractor Lock out/Tag out. VA Connecticut Healthcare System Facilities Management Staff will escort and provide access to Confined Space 60A and 60B along with any adjacent and/or ancillary spaces.

Offerors will be responsible for complying with the VA Connecticut Healthcare System policy for confined space, Lock out/Tag out, all equipment, supplies, and external support to safely enter the confined space to document and investigate existing conditions, determine quantities, and confirm the scope of work.

The VACHS confined space permit is required to be completed by qualified individuals identified to perform entry into the confined space and will be coordinated with the VACHS Safety & Outage Coordinator and VACHS Safety Representative on site.

The Contracting Officer (CO) 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 scope of this work will include but not be limited to the following:

General:

1. Service Provider shall test standing water to determine composition and disposal method and requirements within the confined space.

2. Service Provider shall provide labor and equipment to remove approximately 20,000 gallons of standing fluid within the confined space. Determine if dewatering and/or contaminated soil disposal is required.

3. Waste manifest documents shall be submitted for all applicable materials and fluids to the VA Safety GEMS Coordinator.

4. Coordinate all placement and removal of Lockout Tagout devices for ay energy sources with the VA Safety and Outage Coordinator in compliance with MCP 138-075 LOTO Policy.

5. Coordinate requests to access Confined Space(s) with the VA Safety Department through permit and entry of Confined Space in compliance with SOP SO-010 Confined Space Permit.

6. Service Provider shall obtain a Rescue Team as required in SOP SO-010 Confined Space Permit.

7. Coordinate requests for Hot Work Permits as required.

8. Service Provider shall Perform all leak testing.

9. Acceptance Testing shall be witnessed by the VA COR and VA qualified staff.

10. If the Service Provider identifies suspected materials containing ACM that may require testing and abatement, the VA Contracting Officer (CO) and VA Contracting Officer Representative (COR) shall be notified immediately.

Demolition:

1. Service Provider shall remove all debris from the confined space and dispose of as required.

2. Service Provider shall demolish up to 300 LF of 1/2“ – 2” steam pipe section and associated fittings.

3. Service Provider shall demolish and remove damaged and broken 1/2“ – 2” steam pipe sections and associated fittings back to the main that are identified as open and not dead ended (dead leg).

4. Service Provider shall demolish and remove up to 200 LF of 4” sanitary piping and fittings.

5. Service Provider shall demolish and remove up to 100 LF of 3” sanitary piping and fittings.

6. Service Provider shall demolish and remove up to 100 LF of 2” sanitary piping and fittings.

7. Service Provider shall demolish and remove all damaged sanitary line and parts from the confined space pit and dispose of as required.

Steam Pipe Replacement:

Service Provider shall furnish appropriate tools, equipment, and labor to repair and replace in kind Steam Distribution piping, fittings, supports/hangers, unions, steam trap stations, and other associated parts and piping within a confined space and to include the following:

1. Furnish and install up to 300 LF of new replacement 1/2” – 2” steam pipe and up to 30 fittings; 90 bends, unions, tees, etc.) as required.

2. Repair and rebuild four steam trap stations.

3. Replace up to ten (10) gate valves ranging from 1/2” – 2”.

4. Grind out old welds up to 8” schedule 80-black pipe and reweld up to 50 LF of bead.

5. Furnish and install identified and additional new applicable piping supports/hangers where required to perform the replacement and repair.

6. Remove damaged steam piping and parts from the confined space pit and dispose. Provide waste manifest to VA Safety GEMS Coordinator.

Sanitary Pipe Replacement:

1. Furnish and install up to 200 LF of 4” sanitary piping and fittings.

2. Furnish and install up to 100 LF of 3” sanitary piping and fittings.

3. Furnish and install up to 100 LF of 2” sanitary piping and fittings.

4. Furnish and install now applicable piping supports/hangers where required to perform the replacement and repair.

5. Materials for steam repairs to match existing sanitary piping.

SUBMITTALS/DELIVERABLES

1. Service provider shall furnish required inspections prior to the start of work.

2. Service provider shall perform a site visit/inspection of the confined spaces outlined in the scope of work.

3. The Service provider shall submit two (2) hard copies and electronic copy of all inspection and testing data/reports to the VA COR and VA Safety/GEMS Coordinator within five (5) business days of completed repairs and replacements.

4. The Service Provider shall be responsible for the proper disposal of all waste generated while conducting inspections and testing. A Waste Manifest shall be provided to the GEMS Coordinator at each Medical Center for any waste that is generated, including Universal Waste, Hazardous Waste, Used Oil, etc.

SPECIAL INSTRUCTIONS

1. Service Provider Check-in: All employees of the service provider shall comply with VA Security Management Program and obtain permission of the VA Police and restricted from unauthorized access. Upon arrival, the Service Provider shall sign-in at Building 15 in West Haven and Building 3, 3rd Floor in Newington and receive a temporary identification badge prior to performing services at VA Connecticut Healthcare System. The Service Provider shall wear visible identification always displaying the name and company ID while on site. All site visits shall be coordinated with the VA COR or assigned POC.

2. Per 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.

3. 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.

4. Parking for Service provider and employees shall be in designated areas only. Service provider shall coordinate with VA COR.

5. 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 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.

6. 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 hurly, 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 Medical Center of the VA Connecticut Healthcare System.

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 Service Provider 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 HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The 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 or 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 enclaved 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, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the A/E at the end of lease, for trade-in, or other purposes. The options are:

(1) A/E must accept the system without the drive;

(2) VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment A/E must have an existing BAA if the…