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Attachment A
Salient Characteristics
Lee County VA Healthcare Center Circuit Breakers Replacement
Brand Name or Equal: GE
A. General
| | | | | The | Department | of | Veteran | Affairs | is | seeking | contractors | to | provide | replacement | and | installation |
| of | breakers | as | identified | in | this | Salient | Characteristics. | The | location | is | Lee | County | VA | Healthcare | | | |
| Center, | 2489 | Diplomat | Parkway | East, | Cape | Coral, | Florida | 33909. | | | | | | | | | |
B. Salient Characteristics
| 1. (7) | ‐ | SKLC3608L4XX | GE | 800 | AMP | CIRCUIT | BREAKERS | (Or | Equal). | Direct | replacement | for |
| SKLB3608D0800. | Bench | tested | and | certified | with | NETA | primary | injection | testing. | | | |
| 2. (2) | ‐ | SKLC3604L4XX | GE | 400 | AMP | CIRCUIT | BREAKERS | (Or | Equal). | Direct | replacement | for |
| SKLB3604D0800. | Bench | tested | and | certified | with | NETA | primary | injection | testing. | | | |
| 3. The | contractor | shall | provide | all | management, | supervision, | labor, | materials, | supplies, | tools | |
| and | equipment, | necessary | to | complete | the | replacement, | and | installation | of | the | nine |
| breakers | specified | above | at | the | VA | Lee | County | Healthcare | Center. | | |
| 4. Contractor | shall | provide | installation | of | all | breakers | as | directed | by | the | VA | and | work | must | be |
| done | after | clinic | business | hours. | | | | | | | | | | | |
5. Contractor shall provide FLIR thermal imaging of all the newly installed breakers following installation.
6. All material supplied shall be NEW. No used, rebuilt, or refurbished equipment will be accepted.
7. Minimum one‐year warrantee on all items supplied.
CONTRACTOR SECURITY REQUIREMENTS (VA HANDBOOK 6500.6)
1. INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS
| a. | Due | to | the | threat | of | data | breach, | compromise | or | loss | of | information | that | resides | on | either |
| VA‐owned | or | Contractor‐owned | systems, | and | to | comply | with | Federal | laws | and | regulations, | VA | has | | | |
| developed | an | Information | and | Information | Technology | Security | clause | to | be | used | when | VA | | | | |
| sensitive | information | is | accessed, | used, | stored, | generated, | transmitted, | or | | | | | | | | |
| b. | exchanged | by | and | between | VA | and | a | Contractor, | subcontractor | or | a | third | party | in | any |
| format | (e.g., | paper, | microfiche, | electronic | or | magnetic | portable | media). | | | | | | | |
| c. | In | solicitations | and | contracts | where | VA | Sensitive | Information | or | Information | Technology | | | |
| will | be | accessed | or | utilized, | the | CO | shall | insert | the | clause | found | at | 852.273‐75, | Security |
| Requirements | for | Unclassified | Information | Technology | Resources. | | | | | | | | | |
2. SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES
| The | Contractor, | their | personnel, | and | their | subcontractors | shall | be | subject | to | the | Federal | laws, |
| regulations, | standards, | and | VA | Directives | and | Handbooks | regarding | information | and | information | | | |
| system | security | as | delineated | in | this | contract | | | | | | | |
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 | 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 | 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 | (or | subsequent | revisions | thereto) | and | its | Handbook | 6300.1 | Records | | | | | |
| Management | Procedures, | applicable | VA | Records | Control | Schedules, | and | VA | Handbook | 6500.1, | | | | | |
| Electronic | Media | Sanitization | (or | subsequent | revisions | thereto). | 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 | B | 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 | (or | subsequent | revisions | thereto). | | | | | | |
| 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 | (or | subsequent | revisions | | | | |
thereto).
| 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;
| (2) | 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 | | | | |
| (3) | 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 | 14 | 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 | 14 | 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 | other | equipment | (OE) | and | must | be | funded | by | the | owner | of | the | equipment. | All | remote | | |
| systems | must | be | equipped | with, | and | use, | a | VA‐approved | antivirus | (AV) | software | and | a | personal | | | |
| (host‐based | or | enclave | based) | firewall | that | is | configured | with | a | VA‐approved | configuration. | | | | | | |
| Software | must | be | kept | current, | including | all | critical | updates | and | patches. | Owners | of | approved | OE | | | |
| are | responsible | for | providing | and | maintaining | the | anti‐viral | software | and | the | firewall | on | the | non‐ | | | |
| VA | owned | OE. | | | | | | | | | | | | | | | |
| g. | All | electronic | storage | media | used | on | non‐VA | leased | or | non‐VA | owned | IT | equipment | that | is |
| used | to | store, | process, | or | access | VA | information | must | be | handled | in | adherence | with | VA | Handbook |
| 6500.1, | Electronic | Media | Sanitization | upon: | (i) | completion | or | termination | of | the | contract | or | (ii) | | |
| disposal | or | return | of | the | IT | equipment | by | the | Contractor/subcontractor | or | any | person | acting | on | |
| behalf | of | the | Contractor/subcontractor, | whichever | is | earlier. | 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 | vendor | at | the | end | of | lease, | for |
| trade‐in, | or | other | purposes. | The | options | are: | | | | | | | | | | | | |
a. Vendor must accept the system without the drive;
| b. | 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 | | | | | | | |
| c. | VA | must | reimburse | the | company | for | media | at | a | reasonable | open | market | replacement | cost | at |
| time | of | purchase. | | | | | | | | | | | | | |
| d. | 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; |
| (1) | The | equipment | vendor | must | have | an | existing | BAA | if | the | device | being | traded | in | has | sensitive |
| information | stored | on | it | and | hard | drive(s) | from | the | system | are | being | returned | physically | intact; | | |
and
| (2) | Any | fixed | hard | drive | on | the | device | must | be | non‐destructively | sanitized | to | the | greatest |
| extent | possible | without | negatively | impacting | system | operation. | Selective | clearing | down | to | patient | | | |
| data | folder | level | is | recommended | using | VA | approved | and | validated | overwriting | | | | |
| technologies/methods/tools. | Applicable | media | sanitization | specifications | need | to | be | pre‐approved | | | | | | |
| and | described | in | the | purchase | order | or | contract. | | | | | | | |
| (3) | A | statement | needs | to | be | signed | by | the | Director | (System | Owner) | that | states | that | the | drive | | |
| could | not | be | removed | and | that | (a) | and | (b) | controls | above | are | in | place | and | completed. | The | ISO | needs |
| to | maintain | the | documentation. | | | | | | | | | | | | | | | |
6. SECURITY INCIDENT INVESTIGATION
| a. | The | term | “security | incident” | means | an | event | that | has, | or | could | have, | resulted | in | |
| unauthorized | access | to, | loss | or | damage | to | VA | assets, | or | sensitive | information, | or | an | action | that |
| breaches | VA | security | procedures. | The | Contractor/subcontractor | shall | immediately | notify | the | COR | | | | | |
| and | simultaneously, | the | designated | ISO | and | Privacy | Officer | for | the | contract | of | any | known | or | |
| suspected | security/privacy | incidents, | or | any | unauthorized | disclosure | of | sensitive | information, | | | | | | |
| including | that | contained | in | system(s) | to | which | the | Contractor/subcontractor | has | access. | | | | | |
| b. | To | the | extent | known | by | the | Contractor/subcontractor, | the | Contractor/subcontractor’s | | | | | | | |
| notice | to | VA | shall | identify | the | information | involved, | the | circumstances | surrounding | the | incident | | | | |
| (including | to | whom, | how, | when, | and | where | the | VA | information | or | assets | were | placed | at | risk | or |
| compromised), | and | any | other | information | that | the | Contractor/subcontractor | considers | relevant. | | | | | | | |
| c. | With | respect | to | unsecured | protected | health | information, | the | business | associate | is | deemed | | | | |
| to | have | discovered | a | data | breach | when | the | business | associate | knew | or | should | have | known | of | a |
| breach | of | such | information. | Upon | discovery, | the | business | associate | must | notify | the | covered | entity | | | |
| of | the | breach. | Notifications | need | to | be | made | in | accordance | with | the | executed | business | associate | | |
agreement.
| d. | In | instances | of | theft | or | break‐in | or | other | criminal | activity, | the | Contractor/subcontractor | |
| must | concurrently | report | the | incident | to | the | appropriate | law | enforcement | entity | (or | entities) | of |
| jurisdiction, | including | the | VA | OIG | and | Security | and | Law | Enforcement. | The | Contractor, | its | |
| employees, | and | its | subcontractors | and | their | employees | shall | cooperate | with | VA | and | any | law |
| enforcement | authority | responsible | for | the | investigation | and | prosecution | of | any | possible | criminal | | |
| law | violation(s) | associated | with | any | incident. | The | Contractor/subcontractor | shall | cooperate | with | | | |
| VA | in | any | civil | litigation | to | recover | VA | information, | obtain | monetary | or | other | compensation | from | a |
| third | party | for | damages | arising | from | any | incident, | or | obtain | injunctive | relief | against | any | third | party |
| arising | from, | or | related | to, | the | incident. | | | | | | | | | |
7. LIQUIDATED DAMAGES FOR DATA BREACH
| a. | Consistent | with | the | requirements | of | 38 | U.S.C. | §5725, | a | contract | may | require | access | to | | |
| sensitive | personal | information. | If | so, | the | Contractor | is | liable | to | VA | for | liquidated | damages | in | the | |
| event | of | a | data | breach | or | privacy | incident | involving | any | SPI | the | Contractor/subcontractor | | | | |
| processes | or | maintains | under | this | contract. | However, | it | is | the | policy | of | VA | to | forego | collection | of |
| liquidated | damages | in | the | event | the | contractor | provides | payment | of | actual | damages | in | an | amount | | |
| determined | to | be | adequate | by | the | agency. | | | | | | | | | | |
| b. | The | Contractor/subcontractor | shall | provide | notice | to | VA | of | a | “security | incident” | as | set | forth | | |
| in | the | Security | Incident | Investigation | section | above. | Upon | such | notification, | VA | must | secure | from | a | | |
| non‐Department | entity | or | the | VA | Office | of | Inspector | General | an | independent | risk | analysis | of | the | | |
| data | breach | to | determine | the | level | of | risk | associated | with | the | data | breach | for | the | potential | misuse |
| of | any | sensitive | personal | information | involved | in | the | data | breach. | The | term | 'data | breach' | means | the | |
| loss, | theft, | or | other | unauthorized | access, | or | any | access | other | than | that | incidental | to | the | scope | of |
| employment, | to | data | containing | sensitive | personal | information, | in | electronic | or | printed | form, | that | | | | |
| results | in | the | potential | compromise | of | the | confidentiality | or | integrity | of | the | data. | Contractor | shall | | |
| fully | cooperate | with | the | entity | performing | the | risk | analysis. | Failure | to | cooperate | may | be | deemed | a | |
| material | breach | and | grounds | for | contract | termination. | | | | | | | | | | |
| c. | Each | risk | analysis | shall | address | all | relevant | information | concerning | the | data | breach, |
| including | the | following: | | | | | | | | | | |
(1) Nature of the event (loss, theft, unauthorized access);
(2) Description of the event, including:
(a) date of occurrence;
| (b) | data | elements | involved, | including | any | PII, | such | as | full | name, | social | security | number, | date | of |
| birth, | home | address, | account | number, | disability | code; | (3) | Number | of | individuals | affected | or | | | |
| potentially | affected; | | | | | | | | | | | | | | |
(3) Names of individuals or groups affected or potentially affected;
| (4) | Ease | of | logical | data | access | to | the | lost, | stolen | or | improperly | accessed | data | in | light | of | the |
| degree | of | protection | for | the | data, | e.g., | unencrypted, | plain | text; | | | | | | | | |
(5) Amount of time the data has been out of VA control;
| (6) | The | likelihood | that | the | sensitive | personal | information | will | or | has | been | compromised | (made |
| accessible | to | and | usable | by | unauthorized | persons); | | | | | | | |
(7) Known misuses of data containing sensitive personal information, if any;
(8) Assessment of the potential harm to the affected individuals;
| (9) | Data | breach | analysis | as | outlined | in | 6500.2 | Handbook, | Management | of | Security | and | Privacy |
| Incidents, | as | appropriate; | and | | | | | | | | | | |
| (10) | Whether | credit | protection | services | may | assist | record | subjects | in | avoiding | or | mitigating | the |
| results | of | identity | theft | based | on | the | sensitive | personal | information | that | may | have | been |
compromised.
| d. | Based | on | the | determinations | of | the | independent | risk | analysis, | the | Contractor | shall | be | | |
| responsible | for | paying | to | the | VA | liquidated | damages | in | the | amount | of | $37.50 | per | affected | individual |
| to | cover | the | cost | of | providing | credit | protection | services | to | affected | individuals | consisting | of | the | |
following:
(1) Notification;
| (2) | One | year | of | credit | monitoring | services | consisting | of | automatic | daily | monitoring | of | at | least | 3 |
| relevant | credit | bureau | reports; | | | | | | | | | | | | |
(3) Data breach analysis;
| (4) | Fraud | resolution | services, | including | writing | dispute | letters, | initiating | fraud | alerts | and | credit |
| freezes, | to | assist | affected | individuals | to | bring | matters | to | resolution; | | | |
(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
| (6) | Necessary | legal | expenses | the | subjects | may | incur | to | repair | falsified | or | damaged | credit |
| records, | histories, | or | financial | affairs. | | | | | | | | | |
8. SECURITY CONTROLS COMPLIANCE TESTING
| On | a | periodic | basis, | VA, | including | the | Office | of | Inspector | General, | reserves | the | right | to | evaluate | any |
| or | all | of | the | security | controls | and | privacy | practices | implemented | by | the | Contractor | under | the | | |
| clauses | contained | within | the | contract. | With | 10 | working‐days’ | notice, | at | the | request | of | the | | | |
| government, | the | Contractor | must | fully | cooperate | and | assist | in | a | government‐sponsored | security | | | | | |
| controls | assessment | at | each | location | wherein | VA | information | is | processed | or | stored, | or | information | | | |
| systems | are | developed, | operated, | maintained, | or | used | on | behalf | of | VA, | including | those | initiated | by | | |
| the | Office | of | Inspector | General. | The | government | may | conduct | a | security | control | assessment | on | | | |
| shorter | notice | (to | include | unannounced | assessments) | as | determined | by | VA | in | the | event | of | a | | |
| security | incident | or | at | any | other | time. | | | | | | | | | | |
9. TRAINING
| a. | All | Contractor | employees | and | subcontractor | employees | requiring | access | to | VA | information | | |
| and | VA | information | systems | shall | complete | the | following | before | being | granted | access | to | VA |
| information | and | its | systems: | | | | | | | | | | |
| (1) | Sign | and | acknowledge | (either | manually | or | electronically) | understanding | of | and | | | |
| responsibilities | for | compliance | with | the | Contractor | Rules | of | Behavior, | Appendix | E | relating | to | access |
| to | VA | information | and | information | systems; | | | | | | | | |
| (2) | Successfully | complete | the | VA | Cyber | Security | Awareness | and | Rules | of | Behavior | training | and |
| annually | complete | required | security | training; | | | | | | | | | |
| (3) | Successfully | complete | the | appropriate | VA | privacy | training | and | annually | complete | required |
| privacy | training; | and | | | | | | | | | |
| (4) | Successfully | complete | any | additional | cyber | security | or | privacy | training, | as | required | for | VA | |
| personnel | with | equivalent | information | system | access | [to | be | defined | by | the | VA | program | official | and |
| provided | to | the | contracting | officer | for | inclusion | in | the | solicitation | document | – | e.g., | any | role‐based |
| information | security | training | required | in | accordance | with | NIST | Special | Publication | 800‐16, | | | | |
| Information | Technology | Security | Training | Requirements.] | | | | | | | | | | |
| b. | The | Contractor | shall | provide | to | the | contracting | officer | and/or | the | COR | a | copy | of | the | training |
| certificates | and | certification | of | signing | the | Contractor | Rules | of | Behavior | for | each | applicable | | | | |
| employee | within | 1 | week | of | the | initiation | of | the | contract | and | annually | thereafter, | as | required. | | |
| c. | Failure | to | complete | the | mandatory | annual | training | and | sign | the | Rules | of | Behavior | annually, | |
| within | the | timeframe | required, | is | grounds | for | suspension | or | termination | of | all | physical | or | | |
| electronic | access | privileges | and | removal | from | work | on | the | contract | until | such | time | as | the | training |
| and | documents | are | complete. | | | | | | | | | | | | |