36C24822Q0914.docx

36C24822Q0914

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. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C24822Q0914 05-13-2022 Paul Jarrett 813-972-2000 Ext. 3107 05-26-2022 10:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite Tampa FL 33637 X X 611710 $16.5 Million N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637

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

See CONTINUATION Page VISN 8 seeks a contractor to provide Whole Health Wellness Services, in accordance with the Performance Work Statement (PWS).

Please see Price/Schedule Period of performance is estimated to be:

Base Year: June 1, 2022 - May 31, 2023 Option Year 1: June 1, 2023 - May 31, 2024 Option Year 2: June 1, 2024 - May 31, 2025 Option Year 3: June 1, 2025 - May 31, 2026 Option Year 4: June 1, 2026 - May 31, 2027 This solicitation will utilize a tiered evaluation and will be open to SDVOSBs, VOSBs, SBs, and Large Businesses.

See CONTINUATION Page X X One Paul Jarrett 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 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

8875 Hidden River Pkwy Suite 525 Tampa FL 33637

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

To provide support for CIH initiative as stated in VHA Directive 1137(2) to integrate VA care into an evidence-based health and wellness training program by providing training and consultative services to VISN 8, in accordance with the PWS.

Contract Period: Base POP Begin: 06-01-2022 POP End: 05-31-2023 PRINCIPAL NAICS CODE: 611710 - Educational Support Services PRODUCT/SERVICE CODE: U099 - Education/Training - Other

To provide support for CIH initiative as stated in VHA Directive 1137(2) to integrate VA care into an evidence-based health and wellness training program by providing training and consultative services to VISN 8, in accordance with the PWS.

Contract Period: Option 1 POP Begin: 06-01-2023 POP End: 05-31-2024

To provide support for CIH initiative as stated in VHA Directive 1137(2) to integrate VA care into an evidence-based health and wellness training program by providing training and consultative services to VISN 8, in accordance with the PWS.

Contract Period: Option 2 POP Begin: 06-01-2024 POP End: 05-31-2025

To provide support for CIH initiative as stated in VHA Directive 1137(2) to integrate VA care into an evidence-based health and wellness training program by providing training and consultative services to VISN 8, in accordance with the PWS.

Contract Period: Option 3 POP Begin: 06-01-2025 POP End: 05-31-2026

To provide support for CIH initiative as stated in VHA Directive 1137(2) to integrate VA care into an evidence-based health and wellness training program by providing training and consultative services to VISN 8, in accordance with the PWS.

Contract Period: Option 4 POP Begin: 06-01-2026 POP End: 05-31-2027

Wellness Training and Certification Services 36C24822Q0914

Page 1 of Page 1 of B.3 Performance Work Statement (PWS)

Wellness Training and Certification Services VISN 8 Network – Multiple Facilities Florida and Puerto Rico

1. Objective:

To maintain an on-going health and wellness program set forth in the Veterans Health Administration (VHA) Directive 1137(2) on the Provision of Complementary and Integrative Health (CIH) policy to prepare a cadre of health and wellness coaches and other clinical staff.

2. Background:

The VA Sunshine Healthcare Network, also known as Veterans Integrated Services Network 8 (VISN 8), is the nation’s largest system of VA hospitals and clinics and is home to 1.5 million Veterans in a vast 64,153 square mile area spread across 79 counties in Florida, South Georgia, Puerto Rico and the U.S. Virgin Islands. VISN 8’s seven healthcare systems include eight Joint Commission-accredited VA medical centers and more than 60 community clinics. Working at these facilities are over 33,200 full-time VISN employees who provide a full range of high quality, cost-effective medical, psychiatric and extended care services in an inpatient, outpatient, community living center (nursing home), and home care settings. VISN 8 has more than 779,800 enrolled Veterans who made over 9.8 million outpatient visits to our facilities. VISN 8 has a requirement for wellness training and certification services. VISN 8 facilities include the following sites:

· Miami VA.

· Bay Pines VA Healthcare System (C.W. Bill Young VA Medical Center).

· James A. Haley Veterans’ Hospital (Tampa VA).

· Caribbean VA Healthcare System (San Juan, Puerto Rico VA).

· North Florida/South Georgia Veterans Health System (Malcom Randall VA Medical Center, Gainesville).

· West Palm Beach VA.

· Orlando VA.

3. Description of Services:

a. Overview: Over the past 4 years, VISN 8 has established a CIH training program which trains whole health coaches and other clinicians in practicing and facilitating groups with Veterans and staff. These groups follow a structured model of opening meditation, group check-in/sharing, leading a didactic (teaching about mind-body approaches), experiential exercise (experiencing the mind-body skill), suggesting home practice activities, and closing meditation.

The contractor shall provide support to the CIH initiative as stated in VHA Directive 1137(2) to integrate VA care into an evidence-based health and wellness training program by providing training and consultative services. This evidence-based consultation training has research-supported outcomes in the healthcare setting. Providers shall illustrate and demonstrate their own certification processes with a focus on wellness care. Consultation for support of the curriculum shall include:

· Consultation, training, and guidance for a professional training program to VISN 8. The contractor shall provide instructor-led training wellness program to VA employees (participants) through an onsite or virtual platform.

· Consultation, training, and guidance for an advanced training program to VISN 8. The contractor should provide instruction that compatible with the existing VISN 8 model to incorporate advanced consultation, training and guidance to 30 participants. The elements of an advanced training program must include how to facilitate the implemented model for mind-body approaches and skills to groups.

The outcome for trained participants is to be prepared to provide these groups in the medical centers, trainees follow a multi-step training program:

· Contractor shall provide didactic lecture and small group work in which participants gain direct, intensive experience of the mind-body approaches. Training participants shall be competent in a multiple skill mind-body approaches and modalities to support VISN 8’s faculties and patients. The contractor shall identify an approach to incorporate:

· Meditation (mindful, concentrative and active)

· Biofeedback and Autogenic Training

· Guided Imagery

· Genograms

· Mindful Eating and Healthful Nutrition

· Exercise & Movement

· Self-expression in words, drawing and movement

· Interim consultation calls: VISN 8 faculty lead small groups between trainings in support of participants practicing the skills and prepare them for an ongoing training program.

· Participants are to be trained to facilitate a structured model described above for employees and patients through VISN 8 faculty led didactic lectures and practicums in which participants practice leading groups and teaching techniques. Participants shall receive support and feedback as they lead the groups; The contractor shall design a syllabus with comprehensive discussions of the techniques with scripts and instructions for using the techniques. The contractor shall also include a step-by-step guidance in facilitating groups when they return to their facilities.

· The contractor shall incorporate group sessions paired with co-facilitators to provide weekly mentorship, monitoring and support toward preparation for being certified in the process.

· The contractor shall include and provide independent study papers to allow participants to get a deeper understanding of mind-body approaches. The independent study shall include scientific evidence for the mind-body skills. The contractor shall outline their certification process to accomplish a certification competency assessment.

· The contractor shall implement and support programs to develop trained facilitators. These trained facilitators shall be able to demonstrate satisfactory level of skill in leading mind-body skills groups for patients and colleagues.

b. Contractor shall support a comprehensive, interactive multi-step model (as described above) through provision of expertise and faculty when needed. Consultation for support of the training program shall include faculty with expertise in mind-body skills training to facilitate groups and prepare candidates for wellness certification(s).

c. Contractor shall provide and support a wellness certification process for trained and prepared employees. The contractor shall ensure that faculty with expertise in health and wellness training will facilitate groups and lead them to wellness skills certification.

d. Faculty with expertise in health and wellness training will provide additional competency determination for participants seeking certification to include review of at least three written papers, as described above. These papers will be reviewed for understanding and application of mind-body skills concept for consideration of advancing to the competency assessment and certification.

e. Contractor will provide mentorship training and support including clinical supervision, mentorship and monitoring as needed.

f. Contractor will provide general consultation services such as clinical and administrative services when needed in support of the program.

4. Deliverables:

Contractor shall deliver, at minimum, health and wellness consultation services; The following services shall be provided to VISN 8 employees:

Training certification in accordance with the VHA Directive 1137 CIH, VA Whole Health Experience Committee to the Healthcare Delivery Council, and VISN 8 Integrated patient care model, the Contractor shall support VISN 8 whole health coaches with skills that will include at a minimum: meditation; mindfulness; basic biofeedback; Autogenics (self-hypnosis); guided imagery; mindful eating; basic Yoga and Qi Gong and self-expression in words, drawing and movement.

b. Develop health and wellness coaches and other staff to lead ongoing groups and individuals through sessions and workshops for patients and staff to create a structured objective to:

i. Promote physical and emotional wellness,

ii. Decrease burn-out and improve morale,

iii. Build community across disciplines, and

iv. Train staff in self-care and stress-reduction techniques for use among themselves and with their patients and colleagues.

5. Period of Performance: Base plus four options years.

6. Hours of Operation: On-site services shall be performed during normal business hours of 8:00am – 4:30pm, Monday – Friday, excluding Federal holidays. Holidays observed are: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day specifically declared to be a holiday by the President of the United States.

7. Place of Performance: Designated VISN 8 locations in Florida and San Juan, Puerto Rico or virtual.

8. Invoicing:

a. Vendor Electronic Invoice Submission Methods: Invoices will be submitted via electronic form. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

i. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. The contractor can go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

ii. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

b. Vendor e-Invoice Set-Up Information: The contractor may contact Tungsten at the phone number or email address listed below to begin submitting electronic invoices to the VA Financial Services Center for payment processing, free of charge. If the contractor has questions about the e-invoicing program or Tungsten, the FSC can be contacted at the phone number or email address listed below:

i. Tungsten e-Invoice Setup Information: 1-877-489-6135

ii. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

iii. FSC e-Invoice Contact Information: 1-877-353-9791

iv. FSC e-invoice email: vafsccshd@va.gov

Internet Security Statement: The C&A requirements do not apply, and a Security Accreditation Package is not required.

QUALITY CONTROL

The contractor shall exercise quality control and maintain a Quality Assurance Plan (QAP) related to wellness training services covered under this contract.

Contractor shall also participate in a joint Quality Assurance Surveillance Plan (QASP) with the Government Facilities. This program must minimally address the quality aspects representative to the training process, i.e. pre-analytical, analytical and post-analytical variables and include a description of monitoring and evaluation activities. There must be a mutually agreed upon procedure for responding to issues, problems and/or concerns identified by the Government with details as to whom and in what timeframe the matters will be reconciled. The issues that may need to be addressed may be general in nature or specific to an incident or event. The contractor will meet or communicate with the VISN staff for process review and improvement of contract performance on an as needed basis.

Quality factors that VA may consider when monitoring quality may include, but are not limited to: certification, rubric, adverse event reporting, turn-around times, schedules, missed/delayed classes, professional development, etc.

PERFORMANCE STANDARDS AND QUALITY MEASUREMENT:

The Government designee shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be documented by the Government and reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given 5 days’ time to take corrective action. If determined appropriate, the Contracting Officer and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues. All deficiencies or poor performance shall be documented and MUST be corrected within the timeframe specified by the Government. The Contractor shall notify the Contracting Officer when correction(s) have been made. If the appropriate correction is not made within the timeframe specified, the Government shall have the right to terminate the contract in it is entirety. Nothing in this section is intended to modify or waive the government’s rights outlined in 52.212-4.

Performance Requirements Standards Summary Matrix The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

PWS Para.

Performance Objective (The Service required—usually a shall state

Method of Surveillance

Remedies / Deductions / Incentives

Para. 3 Section a.

PRS # 1.

The contractor shall provide Consultation and guidance at VISN8-led Professional Training Programs

The contractor provided Consultation

No more than 2 complaints. Greater than 2 per Medical facility per session or any unsatisfactory follow-up deemed by Medical Facility will result in less than outstanding Contractor Performance Annual Review (CPAR) rating.

Para. 3 Section a.

PRS # 2.

The contractor shall provide Consultation and guidance at VISN8-led Advanced Training Programs

The contractor provided Consultation

No more than 2 complaints. Greater than 2 per Medical facility per session or any unsatisfactory follow-up deemed by Medical Facility will result in less than outstanding Contractor Performance Annual Review (CPAR) rating.

Para. 3 Section b.

PRS # 3.

The contractor shall provide facilitation for a 4-session group to prepare candidates for Center for Mind Body Medicine certification The contractor provided Sessions facilitated

No more than 2 complaints. Greater than 2 per Medical facility per session or any unsatisfactory follow-up deemed by Medical Facility will result in less than outstanding Contractor Performance Annual Review (CPAR) rating.

Para. 3 Section c.

PRS # 4.

The contractor shall provide support of Certification process for appropriately trained and prepared employees The contractor provided certifications for employees

No more than 2 complaints. Greater than 2 per Medical facility per session or any unsatisfactory follow-up deemed by Medical Facility will result in less than outstanding Contractor Performance Annual Review (CPAR) rating.

Para. 3 Section d.

PRS # 5.

The contractor shall provide mentorship training and support, including clinical supervision, mentorship, and monitoring

The contractor provided mentorships for employees

No more than 2 complaints. Greater than 2 per Medical facility per session or any unsatisfactory follow-up deemed by Medical Facility will result in less than outstanding Contractor Performance Annual Review (CPAR) rating.

Para. 3 Section e.

PRS # 6.

The contractor shall provide general consultation services

The contractor provided Consultations

No more than 2 complaints. Greater than 2 per Medical facility per session or any unsatisfactory follow-up deemed by Medical Facility will result in less than outstanding Contractor Performance Annual Review (CPAR) rating.

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Amended December 6, 2021)

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

B.4 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 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 vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

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

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

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

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

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

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

(1) Vendor must accept the system without the drive;

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

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

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

(a) The equipment 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

(b) Any fixed hard drive on the device must be non-destructively…