36C24524Q0286.docx

36C24524Q0286

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

02-22-2024 Jameel Gordon, jameel.gordon@va.gov

03-08-2024

12:00PM

EST

36C245 Department of Veterans Affairs Network Contracting Office 5 Perry Point VA Medical Center Building 101C Perry Point, MD 21902

X

621330 $9 Million

N/A

36C245 Department of Veterans Affairs Louis A Johnson VAMC 1 Med Center Dr Clarksburg, WV 26301

36C245 Department of Veterans Affairs Network Contracting Office 5 Perry Point VA Medical Center Building 101C Perry Point, MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page Contractor shall provide all required psychological assessment services in accordance with the statement of work.

Period of Performance Base Year: 5/1/24 - 4/30/25 Option Period One: 5/1/25 - 4/30/26 Option Period Two: 5/1/26 - 4/30/27 Option Period Three: 5/1/27- 4/30/28 Option Period Four: 5/1/28 - 4/30/29

Please submit any questions regarding the solicitation in writing to: jameel.gordon@va.gov by 2/27/24, 12:00PM EST No phone calls will be accepted.

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C581 Department of Veterans Affairs Network Contracting Office 5 Perry Point VA Medical Center Building 101C Perry Point, MD 21902

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.

B.2 PERFORMANCE WORK STATEMENT

Louis A. Johnson VAMC Police Officer Psychological Evaluations

1. Background:

VA medical facilities are protected by police officers who have arrest authority, as defined by 38 U.S.C. Chapter 9. They protect life and property on VA owned or operated land and buildings, and must regularly make decisions on the appropriate application of force, the use of a firearm, police baton, or OC spray. Applicant and incumbent VA police officers must meet certain functional requirements. In order to meet the specific behavioral functional requirements for the successful police officer, individuals must:

a. Possess a high level of personal integrity

b. Be able to maintain control of anger and emotions

c. Be compassionate towards others, especially those who cannot care for themselves

d. Be able to quickly respond to emergency situations

e. Have respect for authority and rule of law

f. Be emotionally able to apply physical and possibly lethal force as needed, and to recognize when such force is necessary, but in strict accordance with training and policy requirements

g. Be able to often work independently, but within a regimented group

2. General Requirements:

a. Contractor shall provide all required psychological assessment services for incumbent VA Police officers and police officer applicants for the Louis A. Johnson VAMC, Clarksburg, WV. The psychological assessments shall be performed in accordance with the guidelines designed to determine an officer’s capability of conducting designated functional requirements essential to the duties of a VA police officer and an officer’s suitability to carry a firearm. The memorandum from the Deputy Assistant Secretary for Security and Law Enforcement dated April 19, 2002, titled “Psychological Assessment of Applicants for Police Officer Positions” provides the most recent guidance for police officer applicant assessments; however, guidance from this directive is also recommended for incumbent assessments. Psychological testing standards for VA Police are found in VA Directive and Handbook 0730, and VA Firearm Policy is found in Directive and Handbook 0720. See:

http://www.va.gov/vapubs/viewPublication.asp?Pub Continuum of Force, Training Units, other law enforcement standards and position descriptions are also available in VA Police Units at each of the participating facilities.

b. VA regulations require an initial psychological assessment for VA police officer applicants, which shall include a structured interview and written psychological testing. The regulations also require an annual psychological assessment for incumbent VA police officers, which are limited to a verbal interview covering only job-related factors, unless concerns arise during the psychological evaluation. The initial and annual psychological examination of the applicant/officer’s emotional and mental stability shall be performed by a psychologist with recognized expertise in performing the specifically focused exams. Police officer duties include personal encounters patients, visitors, and other employees. Encounters are often with mentally ill, irrational, or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgement. Any emotional or mental conditions which could cause the officer/applicant to be a hazard to others or self during stress situations and/or physical altercations will disqualify.

c. The primary objectives of psychological screening for VA police officer applicants and incumbent police officer are to screen out emotionally unstable individuals and to identify positive psychological characteristics associated successful job performance. Emotional instability, in this context, refers to symptomatology of such severity that the individual’s ability to meet the functional requirements of the position, including the carrying and use of firearms, would be impaired. A mental health diagnosis, on its own, cannot be used as a basis for a determination of instability. Suitability, in the psychological screening context, refers to personality characteristics pertinent to an individual’s performance in the job and includes interpersonal skills, judgement, decision-making and integrity. The evaluating psychologist will determine, based upon his / her clinical judgement, the exact subset of dimensions to be assessed while adhering to the police officer functional requirements.

3. Qualifications:

a. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, Commonwealth of the United States, or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approved by the VA Facility Director at the VA facilities credentialing and privileging the Contractor’s psychologist(s). Personnel must have experience commensurate with their assigned responsibilities.

b. Services shall be provided by a Psychologist(s) who has a doctorate from an American Psychological Association (APA) approved graduate program, is experienced working with adults, and is experienced in performing psychological assessments on police officers and/or police officer applicants. It is highly desirable that the Psychologist be board certified in Forensics by the American Board of Behavioral Psychology (ABBP). The Psychologist shall be a recognized expert demonstrating expertise in completing these specifically focused police officer exams.

c. The offeror’s signature in Block 30a of the Standard Form 1449 (to be provided at time of award), Solicitation/Contract/Order for Commercial Item, is a certification that any individual providing services under this contract.

(1) Have no physical/mental limitations or other conditions that may adversely affect his/her ability to perform as required by this contract;

(2) Has not had a loss, reduction, restriction, or revocation of his / her clinical privileges at any institution;

(3) Has not, or is not currently, and is not pending any litigation for medical malpractice;

(4) Is a member in good standing or has not had a loss of medical staff membership at or from any institution; and

(5) Has not, or does not currently, and has currently pending no felony criminal charges against him/her.

4. Personnel Policy:

The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

The parties agree that the Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

5. Credentialing and Privileging:

a. Contractor will ensure that all psychologists be employed under this contract participate in the VA Credentialing and Privileging process. The Contractor will provide copies of current requirements and updates as they are published. No services will be provided by any contract psychologist prior to completing the credentialing and privileging process outlined above.

b. Privileges will require renewal at least every two years in accordance with Medical Center and Joint Commission for Accreditation of Healthcare Organizations (JACHO) requirements.

c. Upon receipt of Notice of Award, Contractor will immediately commence the credentialing and privileging process for all psychologists proposed to provide services under the contract through the Louis A Johnson VA Medical Center (unless currently credentialed and privileged at LAJVAMC). A minimum of six calendar weeks is required for VA credentialing and privileging after the package has been completed and received from the provider.

6. Tort Claims: Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgement arising from a contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

7. Confidentiality: FAR 52.224-1, Privacy Act Notification, and FAR 52.224-2, Privacy Act, apply to this contract and are incorporated by reference.

8. Contract Monitoring Procedures: The VA COR (Contracting Officer’s Representative) will communicate with the participating medical center Chiefs of Police to determine whether required assessments were performed as scheduled and whether all contract requirements are being met. Any incidents of contract noncompliance as evidenced by these monitoring procedures shall be forwarded immediately to the Contracting Officer.

9. Quality Assurance: Approximately two months after contract award, a VA psychologist will review randomly selected cases to ensure standardization of procedures and the reliability/validity of the Contractor’s results. The applicant/officer’s name will be expunged from cases to ensure confidentiality. Reviews will thereafter be completed on an annual basis during the term of the contract unless required more frequently due to performance problems or complaints.

10. Key Personnel and Emergency Temporary Substitutions:

a. The Contractor shall assign to this contract the following key personnel:

The psychologist(s) proposed under Offeror’s technical proposal.

b. During the first ninety days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph c below. After the initial 90 day period of the contract, the Contractor shall submit the information required by paragraph c to the Contracting Officer at least 15 days prior to making any permanent substitutions.

c. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutions shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

11. JACHO and Other Special Requirements:

a. The Contractor will be responsible to ensure that Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

b. Although this contract does not require JACHO accreditation or other regulatory requirements regarding worker competency, the Contractor must perform the required work in accordance with JACHO standards. The Contractor is required to provide a current performance evaluation on each psychologist providing services under this contract. The Contractor will provide current copies of the performance evaluations at the time of the contract award and annually on the anniversary date of the contract award to the VA Contracting Officer, or upon request.

c. The VA will monitor the Contractor employees’ work to ensure contract compliance.

12. Types of Personnel Needing Assessment:

Police Officer Applicants The memorandum from the Deputy Assistant Secretary for Security and Law Enforcement dated April 19, 2002; entitled “Psychological Assessment of Applicants for Police Officer Positions” provides guidelines for psychological assessments of police officer applicants. At a minimum the psychological evaluation for police officer applicants shall consist of structured interview and standardized, objective psychological testing. Additional test instruments, available information, and the interview questions should be used as deemed appropriate by the evaluating psychologist. All interview questions and testing instruments should be chosen based upon their relevance to job performance and not subject to selected culture gender or racial bias. A recommended format for the structured interview is Attachment 1 to the April 19, 2002 memorandum; and attachment 2 to the April 19, 2002 memorandum provides examples of recommended test instruments that are currently available which have been specifically developed for law enforcement officer screening (i.e., objectively assess both personality characteristics pertinent to the job requirements and psychological symptoms that could interfere with job performance). All applicants for police officer positions must successfully complete psychological testing before a final job offer is made.

Incumbent Officers Incumbent VA Police officers must have a psychological assessment within the previous sixty days prior to being armed and an annual psychological assessment thereafter. The initial and annual psychological assessments for incumbent VA Police Officers are limited to a verbal interview by a psychologist covering only job-related factors. Standardized psychological testing may be used only after a reason arises to question the employee’s suitability. If during the psychological assessment, the psychologist had an articulable reason to doubt that the officer that the officer is capable of performing duties of a police officer (including the use of a firearm), he/she shall make a formal recommendation for psychological testing to the Employee Health Physician (EHP) who may approve such a recommendation and direct the Contractor to perform appropriate psychological testing. It is recommended that the “Human Reliability Structured Interview” developed by Neil S. Hibler, Ph.D., outlined in Attachment 1 to the April 19, 2002, memorandum which is incorporated as part of this solicitation be utilized for incumbent police officers. If psychological testing of incumbent police officer is required, it is recommended that the standardized test listed in Attachment 2 to the April 19, 2002 memorandum be utilized. In assessments of incumbent police officers where mild difficulties are identified, tips for management of an officer may be provided, or a recommendation may be made for retraining, psychological counseling or for other remedial reasons.

13. Other Requirements (Police Officers and Applicants):

a. This contract does not mandate the use of any specific structured interview questions or specific psychological testing instruments. The psychologist may utilize structured interview formats and/or psychological tests not identified in the April 19, 2002 memo entitled “Psychological Assessment of Applicants for Police Officer Positions” in the performance of this contract, provided the selected interview formats and/or tests are validated instruments for psychological assessments of police officers and offeror submits a written a written narrative as part of the technical proposal supporting the validity of the selected assessments. This memo defines criteria that should be applied in the selection of both types of assessment instruments. It is essential that the assessment process be standardized. The same set of interview questions and test battery (if applicable) shall be administered to all individuals under this contract.

b. When psychological testing is performed, typically, at least two objective psychological tests will be administered, one normed against healthy individuals drawn from the general population to assess suitability for work as a police officer and as a second measure normed against a clinical population to evaluate significant psychological dysfunction (i.e., emotional stability). The choice of how many and which objective measures to employ are the responsibility of the evaluating psychologist; however, suitability and stability must both be assessed.

c. The psychologist will provide each police officer applicant with an informed consent sheet to review, sign and date (Attachment 3 to the April 19, 2002 memorandum).

d. The Contractor will be given a two weeks’ notice for scheduling purposes and will schedule assessments in a timely manner. The exact date(s) and time(s) for performance of services for both incumbent and applicants will be coordinated between the Contractor and the Contracting Officer Representative (COR) or a VA designee.

e. Estimated number of incumbent/applicant police officers per year needing Psychological Assessments – Structured Interviews—15 Annual applicants requiring Psychological Testing—3

f. Vendor will adhere to Attachment G, Fact Sheet – Police Officer Physical Examinations and Psychological Assessments from the Office of Security and Law enforcement, dated February 7, 2005, memorandum regarding Police Officer Psychological Assessments.

14. Report Format (Police Officers and Applicants):

a. Rating of police officer candidates and incumbent police officers requiring written psychological testing in addition to the verbal interview will be on the basis of the entire examination. Decisions regarding the suitability of candidates or the disposition of other personnel are entirely the prerogative and responsibility of the VA appointing authority. The Contractor’s recommendations are advisory only and are based upon the best professional judgment of the examining psychologist considering all available data.

b. The final report will provide a general description of the examining psychologist’s credentials, dates of review, and a description of the interview format utilized, testing procedures (if testing was performed) and the overall results. The report must be specifically address whether the officer is competent to perform his/her duties, to include the carrying of the issued firearms. The report will conclude with one of the two findings with supportive reasoning if conclusion two below is specified:

(1) RECOMMENDED: The individual was found to have the basic psychological qualities deemed necessary for the position and to reveal no features which cause significant concern at this time.

(2) NOT RECOMMENDED: In the best professional judgment of the examiner(s), we find that this person, at this time, does not possess the psychological characteristics deemed necessary to perform the duties of the position and is not considered to be psychologically suited for that position for the reasons detailed in this report.

15. Report Format (Fitness for Duty Examinations):

The final medical report will provide a general description of the credentials of the examining physician, the date(s) of the examination, a narrative detailing what the examination consisted of and the corresponding findings (including any testing procedures utilized), and the overall result. The report must specifically address whether an individual is medically capable of performing the duties of their assigned position.

16. Contractor Personnel Security Requirements:

All Contractor employees who require access to VA sensitive information shall be the subject of a background investigation and must receive a favorable adjudication from the Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not complete prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for the VA.

(1) Position Sensitivity – The position sensitivity has been designated as Low Risk.

(2) Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries (NACI). Non-citizen contract personnel appointed to Low Risk or Non-sensitive positions will be subject to a National Agency Check with Law Enforce and Credit Check (NACLC).

(3) Contractor Responsibilities:

(a) The Contractor shall bear the expense of obtaining of background investigations. If the investigation is conducted by the Office of Personnel Management (OPM), the Contractor shall reimburse VA within 39 days. The estimated cost of the NACI is $267.00 and NACLC is $290.00 per person.

(b) The Contractor shall prescreen all personnel requiring access to VA employee sensitive information to ensure they are able to read, write, speak and understand the English language.

(c) The Contractor employees shall download, complete, and mail the documents required for a Low Risk Position found on the following website within fourteen calendar days of the request from the VA Security Investigations Center (SIC):

http://www.osp.va.gov/Security_and_Investigations_Center_FF.asp

Electronic fingerprinting can be performed free of charge at any VA Medical Center. If fingerprinting is performed at a VA facility, the Contractor employees shall also complete an Electronic Fingerprinting Memo which will be provided after award. Fingerprinting can also be done at a local police department at the Contractor’s expense. If performed outside the VA, the Contractor must request fingerprinting cards from the VA Security Investigations Center. All documents shall be mailed by the Contractor, along with the Electronic Fingerprinting Memo, or fingerprint cards, as appropriate to:

VA Law Enforcement Training Center / SIC 2200 Fort Roots Drive, Bldg. 104 North Little Rock AR. 72114

(d) The Contractor, when notified of an unfavorable determination by the Government, will withdraw the employee from consideration from working under the contract.

(e) Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

Government Responsibilities:

(a) Upon receipt, the VA Office of Security and Law Enforcement will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

(b) The VA facility will pay for investigations conducted by Office of Personnel Management (OPM) in advance. In these instances, the Contractor will reimburse the VA facility within 30 days. The Contractor will pay for all Contractor personnel who fail the background investigation.

(c) The VA Office of Security and Law Enforcement will notify the Contracting Officer and Contractor after adjudicating the results of the investigations received from OPM.

(d) The Contracting Officer will ensure that the Contractor provides evidence that investigations have been completed or are in the process of being requested.

General Security Provisions:

(a) Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information belonging to or being used on behalf of the Department of Veterans Affairs. The Contractor will be responsible for all actions of those individuals they provide to perform work for VA under this contract. In the event that damages arise from work performed by the Contractor provided personnel, under the auspices of this contract, the Contractor will be responsible for all resources necessary to remedy the incident. Printed output containing sensitive VA employee data will be stored in a secured area, and disposed of properly by shredding or similar methods. Under the provisions of the Privacy Act of 1974 as amended, personnel performing work under this contract have an obligation to protect VA information indefinitely. Furthermore, it is the Contractor’s responsibility to notify the Information Management staff when access to Information Management systems is no longer needed by personnel performing work under this contract.

(b) All portable media (including, but not limited to thumb-drives, CD-ROMS, etc.) utilized by the Contractor under this contract must be encrypted in accordance with the security requirements identified 9n FIPS 140-2.

(c) Hard drives utilized under this contract must be encrypted in accordance with FIPS 140-2

(d) Each Contractor employee working on-site must complete training course “VA Privacy and Information Security Awareness and Rules of Behavior”.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Psychological Assessment Services Contract Period: Base POP Begin: 05-01-2024 POP End: 04-30-2025 PRINCIPAL NAICS CODE: 621330 - Offices of Mental Health Practitioners (except Physicians) PRODUCT/SERVICE CODE: Q526 - Medical - Medical/Psychiatric Consultation

Psychological Assessment Services Contract Period: Option 1 POP Begin: 05-01-2025 POP End: 04-30-2026

Psychological Assessment Services Contract Period: Option 2 POP Begin: 05-01-2026 POP End: 04-30-2027

0.00

Psychological Assessment Services

POP Begin: 05-01-2027 POP End: 04-30-2028

0.00

Psychological Assessment Services

POP Begin: 05-01-2028 POP End: 04-30-2029

SECTION C - CONTRACT CLAUSES

C.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

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

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

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 60 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 60 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

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

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

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

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

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government.