36C24823Q1422.pdf

36C24823Q1422

Table of Contents

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT (PWS)

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...31

C.4 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..38

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020) 38

C.13 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) 42

C.14 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

C.15 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

C.16 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

C.17 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.18 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

E.7 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS—PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)

(AUG 2018)

E.8 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026 (JAN 2022)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 LaShanda Harrington

Department of Veterans Affairs

Network Contracting Office 8 (NCO 8)

C/O Jermaine Wilson

Jermaine.Wilson@va.gov

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00

Gainesville VAMC- Fire Extinguisher and Suppression

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Base POP Begin: 07-13-2023 POP End: 07-12-2024

Lake City VAMC- Fire Extinguisher and Suppression

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Base POP Begin: 07-13-2023 POP End: 07-12-2024

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 1 POP Begin: 07-13-2024 POP End: 07-12-2025

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 1 POP Begin: 07-13-2024 POP End: 07-12-2025

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 2 POP Begin: 07-13-2025 POP End: 07-12-2026

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 2 POP Begin: 07-13-2025

POP End: 07-12-2026

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 3 POP Begin: 07-13-2026 POP End: 07-12-2027

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 3 POP Begin: 07-13-2026 POP End: 07-12-2027

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 4 POP Begin: 07-13-2027 POP End: 07-12-2028

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

Contract Period: Option 4 POP Begin: 07-13-2027 POP End: 07-12-2028

6.00

NSP NSP

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

OPTION PERIOD UNDER FAR CLAUSE 52.217-8 – OPTION TO

EXTEND SERVICES

NOTE: The specified rates under this clause will be those rates in effect pursuant to the LINs under which the contractor is currently providing services.

6.00

NSP NSP

Maintenance: Monthly invoices should include the specific date, location, and service that was performed during that period, as outlined in the PWS.

OPTION PERIOD UNDER FAR CLAUSE 52.217-8 – OPTION TO

EXTEND SERVICES

NOTE: The specified rates under this clause will be those rates in effect pursuant to the LINs under which the contractor is currently providing services.

GRAND

TOTAL

B.3 PERFORMANCE WORK STATEMENT (PWS)

Fire Extinguisher and Suppression System Maintenance

North Florida/South Georgia VA

1. INTRODUCTION

The North Florida South Georgia Veterans Health System is required to provide a healthy and safe environment for patients, employees and visitors. One way in which this is achieved in through compliance with inspection and testing requirements established in the Life Safety Codes and other Fire Safety Standards by the National Fire Protection Association (NFPA).

These inspection and testing services are required to ensure that any potential safety concerns by staff, visitors, and patients are mitigated to the maximum extent possible. This will help ensure the success of the VA’s mission to care for our nation’s Veterans.

2. BACKGROUND

The contractor shall provide supervision, labor, tools, parts and materials to perform all-inclusive annual, five (5) and six (6) year inspections, maintenance and monthly inspections of all fire extinguishers, Kitchen Fire Suppression and Gaseous and/or Clean Agent suppression systems at the Malcom Randall VA Medical Center, located at 1601 South West Archer Rd Gainesville FL 32608 and Lake City VA Medical Center, located at 619 South Marion Avenue, Lake City, Fl. 32025. Contractor shall provide inspection and maintenance in a manner which ensures the safe and continuous operation of all equipment listed in accordance with commercial practices or manufacturer's specifications National Fire Protection Association (NFPA). The period of performance shall be from July 13, 2023 to July 12, 2024 with four (4) one-year renewable option periods that shall be exercised at the Governments discretion.

Fire Extinguishers and Hood systems shall be inspected in accordance with (IAW) all applicable NFPA Codes (10, 96 and 2001) and the Joint Commission Elements of Performance (EP) for EC.02.03.05, EP 13 – Kitchen Extinguishing Systems EP 14 – Gaseous extinguishing Systems (no discharge required), EP 15 and 16 Portable Fire Extinguisher Maintained and Inspected.The National Fire Protection Association (NFPA) requires that portable fire extinguishers be inspected, tested and maintained in accordance with (IAW) NFPA 10 and Suppression Systems and be maintained in accordance with (IAW) NFPA 96. The VA adopts the latest edition of the NFPA Codes. This service is also required to conform with the requirements of The Joint Commission and OSHA.

NFPA website http://www.nfpa.org/codes-and-standards/document-information- pages

3. SCOPE

http://www.nfpa.org/codes-and-standards/document-information-%20pages

The Contractor shall provide all labor, supervision, tools, equipment, and technical expertise necessary to perform inspections, testing and repairs as specified in NFPA 10, 96 and 2001.

Contractor inspection staff will be escorted once by VA staff and will be provided locations of all fire extinguishers in writing for future reference. It will be the responsibility of the Contractor to ensure that they have an alternate with knowledge of the facility to complete the monthly inspections:

NFPA website http://www.nfpa.org/codes-and-standards/document-information- pages

The following Fire Extinguishers will be inspected:

A. Lake City VAMC, 619 S. Marion Avenue, Lake City, Fl. 32025:

1) 2.5- pound type ABC dry chemical – 3

2) 10-pound type ABC dry chemical – 225

3) 5-pound type Carbon Dioxide - 9

4) 6-liter type K extinguisher – 10

5) 2.5-gallon Water Extinguisher - 2

6) 20-pound type Purple K extinguisher – 1

1 - Pre-engineered PyroChem Hood Suppression system in Canteen including fusible links

1 - Pre-engineered PyroChem Hood Suppression (Main Dietetics kitchen) including fusible links

5 - Guardian System residential type system CLC (one on each floor)

Hydro testing of systems in accordance with applicable NFPA standard frequencies (to include replacement of chemical suppression agent)

The semi-annuals are due in August, annuals in February on all systems

B. Malcom Randall VAMC 1601 Archer Rd Gainesville, Fl. 32608:

7) 2.5-pound type ABC dry chemical – 2

8) 10-pound type ABC dry chemical – 421

9) 5-pound type ABC dry chemical - 95

10) 10-pound type Carbon Dioxide - 29

11) 6-liter type K extinguisher – 6

12) 2.5-gallon Water Extinguisher - 4

13) 20-pound type Purple K extinguisher – 3

Number of systems

1 – Pre-engineered suppression system (Bldg. 12) including 1 fusible links

1 – Sapphire Clean Agent System (Two Tank Combined System) Main Hospital

2 – Kidde IND. Dry Chemical System (Protecting HAZMAT/Radioactive Storage Trailers) including 4 fusible links & 2 fusible links

Hydro testing of systems in accordance with applicable NFPA standards (to include replacement of chemical suppression agent)

The semi-annuals are due in August, annuals in February on all systems

4. PERFORMANCE REQUIREMENTS

A. All work is to be completed between the hours of 8:00 AM and 4:30 PM, Monday through Friday unless otherwise specified or agreed upon.

B. Monthly fire extinguisher inspections shall be conducted on the second week of the month. If additional work dates are required to complete the monthly inspections, they shall be scheduled with the VA COR or designated Safety Staff.

C. The invoice must include the building(s) inspected, work performed, number and types of fire extinguishers or suppression systems inspected, dates work performed, testing interval, discrepancies noted, inspectors’ identification and components tested and maintenance performed.

D. There are to be daily start and end briefings so that it may be known what is expected to be completed that day and what has been completed and if fire extinguishers were not able to be located.

E. Once all work has been completed, a final briefing will be conducted to advise as to if there were any issues/discrepancies or deficiencies noted with the work that was performed.

5. SCHEDULE OF DELIVERABLES

A. Annual/Semi-annual maintenance and testing for the fire extinguishers is to be conducted following all requirements listed in the latest edition of NFPA 10. A certified technician trained in accordance with NFPA 10 shall be sent out to conduct the work being performed the fire extinguishers. Annual/Semi-annual maintenance and testing for the hood suppression systems are to be conducted following all requirements listed in the latest edition of NFPA 96. A certified technician trained in accordance with NFPA 96 shall be sent out to conduct the work being performed on the hood suppression systems.

Annual/Semi-annual maintenance and testing for the Clean Agent suppression systems is to be conducted following all requirements listed in the latest edition of NFPA 2001. A certified technician trained in accordance with NFPA 2001 shall be sent out to conduct the work being performed on the hood suppression systems. The annual maintenance of fire extinguishers is to include a dusting/cleaning/wipe down of each unit, re-installation of tamper seals and contractor provided tags dated with the current month & year inspection was completed. Semi and Annual maintenance and testing of clean agent, kitchen and gaseous suppression systems will include all requirements in NFPA 96 and 2001; contractor will (if required) replace all fusible links, cleaning and directional maintenance of spray nozzles and supplying appropriate inspection tags and documents for each inspected unit/system.

1) This maintenance/inspection will be documented on a mutually agreed upon tags (contractor furnished) provided on each extinguisher/system and for fire extinguishers will include the month/day/year and initials of the technician. The documentation from the General Contractor shall show Building, floor, physical location, device type, serial number, date inspected, condition & manufacture date of fire extinguishers inspected. The inventory log that the VA Safety Office maintains will also have all that information for guidance. Five-year test for the bottled Extinguishing systems. Fire Extinguishers – For K-Class & Purple K fire extinguishers, every five years the fluid in the tanks needs to be replaced. For ABC fire extinguishers, ever six years the chemical powder in the tanks needs to be replaced - this is a five-year contract. If the extinguisher is approaching its hydrostatic testing date, contact the COR for guidance on replacement.

2) Fire extinguishers brought to the facility i.e. replaced or exchanged will be new and will have the same or younger birthday/hydrostatic test date to prevent the loss of use for the Government.

3) Fire extinguishers that are exposed to elements on a regular basis shall have inspection tags with the date that the monthly and annual inspection was conducted properly affixed to the unit. The decal should be in sticker form.

4) The inspection will also be annotated on the inventory log provided by the VA verifying that the extinguisher received the required annual maintenance.

5) Semi and Annual maintenance and testing of Kitchen/Gaseous/Clean Agent Fire Suppression Systems will include all requirements in NFPA 96 and 2001 and will replace all fusible links (when required), cleaning and directional maintenance of spray nozzles and supplying appropriate inspection tags and documents for each inspected unit/system.

6) Provide and maintain on both sites, no less than 10 additional fire extinguishers of all types at the facility at all times. The additional extinguishers will be stored in the VA Engineering Warehouse, and placed in a location, and captured on the activity log, as needed.

6. INSPECTIONS

A. All work performed shall be subject to inspection by the COR (or his/her designee).

Any deficiencies in work performed shall be corrected on the spot.

1) The contractor shall inspect and perform all monthly, semiannual, annual, 5-year, 6-year maintenance, refilling and recharging of all portable fire extinguishers and Kitchen, Gaseous and Clean Agent suppression systems IAW (“IAW”) current editions of NFPA 10, 96 and 2001, applicable VHA Standards and Attachment I of this PWS and is labeled Fire Extinguishers and locations. Tag each extinguisher showing at a minimum: name of company and technician inspecting, date of inspection, and any repairs that were required. Contractor is not responsible for any extinguishers that are missing, however should notify the Safety Department at 352-376-1611 ext. 107605.

B. Monthly Inspections

1) The contractor shall inspect IAW NFPA 10 and, if necessary, replace deficient or discharged extinguisher.

2) Sign off on inspection tag with Month, Day & Year & then initial in the appropriate box.

3) The contractor will refill, replace tamper tag or pull pins on extinguishers as needed monthly.

4) Sign off on inspection log with Month, Day & Year & then initial in the appropriate box and return inspection log to Safety Department at the end of each day.

5) Detailed inspection log to include extinguisher number, device type, location, manufacture, 5/6-year inspection date, condition, and whether it was inspected or not.

C. Semi Annual Kitchen/Gaseous/Clean Agent Suppression System Inspection

1) All actuation and control components, including remote manual pull stations, mechanical and electrical devices, detectors, and actuators, shall be tested for proper operation during the inspection in accordance with (IAW) the manufacturer’s procedures and IAW NFPA 96 and 2001

2) Fusible links of the metal alloy type and automatic sprinklers of the metal alloy type shall be replaced at least semiannually. IAW NFPA 96

3) The year of manufacture and the date of installation of the fusible links shall be marked on the system inspection tag. IAW all applicable NFPA Codes

4) The tag shall be signed or initialed by the installer IAW all applicable NFPA Codes

D. Annual Inspections (Fire Extinguishers and Suppression Systems)

1) The contractor shall inspect IAW NFPA 10 and if necessary, replace deficient extinguisher.

2) Replace tamper tag, replace inspection card and punch the required areas IAW

NFPA 10.

3) All actuation and control components, including remote manual pull stations, mechanical and electrical devices, detectors, and actuators, shall be tested for proper operation during the inspection in accordance with the manufacturer’s procedures. IAW NFPA 96

4) Fusible links of the metal alloy type and automatic sprinklers of the metal alloy type shall be replaced at least semiannually. IAW NFPA 96

5) The year of manufacture and the date of installation of the fusible links shall be marked on the system inspection tag. IAW NPFA 96

E. 5-year and 6-year Maintenance

1) The contractor shall perform overhaul maintenance, repair, and recharging IAW the manufacture’s recommendations for each type of extinguisher and NFPA 10 and 96. Each 5-year and 6-year maintenance shall be recorded on an inspection document, tag or plate, which shall be affixed on the exterior of the extinguisher shell or suppression system IAW NFPA 10 and 96. The 5-year and 6-year maintenance of each extinguisher, shall include the replacement of parts such as but is not limited to, service collars, O-rings, valve stems and inspection tags.

2) Lake City VAMC fire extinguishers will all be due for their 6-year inspection/maintenance in the year 2027.

3) Gainesville VAMC fire extinguishers are due for their 6-year inspection/maintenance IAW with Appendix 1.

F. Extinguisher Replacement

1) Gainesville VAMC fire extinguishers Bldg. 1/E-Wing will require Forty-five (45) ABC10 be replaced in 2018 and three (3) Purple K fire extinguishers need to be replaced in 2018. One (1) K-class fire extinguisher in 2017 needs to be hydrostatic tested.

2) Lake City VAMC fire extinguishers do not need replacement during the term of this contract.

7. RECORD KEEPING AND DOCUMENTATION

1) The Contractor shall receive the monthly inventory record on all extinguishers, provided by the VA Safety Department. The inventory record consists of a computer-generated map and detailed listing of the facility showing each extinguisher, type, size, location, serial number, condition, place for initials and manufacture date. The Manufacture Date will indicate when the next 5-year and 6-year maintenance of each extinguisher and the correct count of the extinguisher at each location. A copy of this inventory shall be sent via email to the contractor and then returned to the VA Safety Department after each inspection.

2) Throughout each contract year, the contractor shall perform the following inspections/tests before their respective due dates, at the following locations:

GVL – 12 Monthly Fire Extinguisher Tests

1 Fire Extinguisher Annual Test (June)

2 CLC Hood Fusible Links (Feb, Aug)

2 Sapphire Systems (Feb)

2 Dry Chemical Systems (Feb, Aug)

2 Canteen Hood (Feb, Aug)

LC - 12 Monthly Fire Extinguisher Tests

1 Fire Extinguisher Annual Test (June)

2 Canteen Hood Fusible Links (Feb, Aug)

2 Main Kitchen Suppression (Feb, Aug)

2 Guardian Systems (Feb, Aug)

3) Invoices shall be submitted monthly and need to indicate the type of system and testing that was completed for that month. All invoices shall be submitted electronically as indicated in VAAR Clause 852.232-72 of the Contract Award (SF 1449).

8. SPECIAL REQUIREMENTS

a. Inspection Requirements

i. All fire extinguishers are to be inspected in one month and documented properly as to reflect the Month, Day & Year with initials of the inspector.

ii. Anytime an extinguisher is removed for inspection, maintenance and recharge/repair the contractor shall provide (free of charge) a replacement extinguisher until above mentioned is completed and original extinguisher is placed back in service.

b. Safety Regulations.

i. All applicable safety regulations shall be observed during performance of this contract.

ii. The VA Industrial Hygienist and/or Safety Officer shall have full authority to see that the Contractor obeys all safety rules and regulations relative to the performance of this contract.

iii. Contractor shall provide (and maintain) evidence that all Contractor employees performing services under this contract have completed the necessary training and obtained necessary certification to perform such inspections on the equipment.

c. Contractor Qualifications

i. For the life of the contract, trained and certified person(s) (who have undergone the factory training for the specific type and brand of portable and wheeled-type fire extinguishers) will perform inspections. Certification by an organization acceptable to the authority having jurisdiction (AHJ); or registration, license or certification by the state; and IAW NFPA 10 and 96, to maintain, service, and recharge all portable and wheeled fire extinguishers will demonstrate certification. Provide certificate(s) upon request. The certified person(s) shall have available the appropriate manufacture’s service manual(s), the proper types of tools, recharge materials, lubricants and manufacturer’s recommended replacement parts or parts specifically listed for use in the fire extinguisher and IAW NFPA 10 and 96.

d. Security and Access.

i. All Contractor personnel must check in with the COR upon arrival at the medical facility, and report to VA Police Services to receive a temporary identification badge. Contractor Personnel must be clearly identified by company uniforms and name tags when on VA premises.

ii. BADGES – All Contractor personnel are required to wear VA issued identification (ID) badges during the entire period during which they are on VA grounds. ID badges must show an identification picture, name of the individual, and the represented company. Badges are to be returned to the Safety Office at the end of each day.

iii. PARKING – It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA

Security Service. The VA will not invalidate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

iv. SMOKING – Smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

v. A VA Safety Office employee will assist or provide entry key for locked areas. VA will provide keys to contractor for majority of areas. Those locked areas requiring VA assistance will require approximately one-half hour notice from the contractor to the VA. VA will furnish no tools, supplies or employees to assist with inspection and test work.

e. Hours of Work and Scheduling of Work.

i. Unless otherwise specified in Section 5, all work associated with this contract shall be performed during normal working hours (Monday – Friday, 8:00 a.m.

– 4:30 p.m.

f. Work Site Responsibilities. Contractor shall be responsible for ensuring that work area is clean and free of debris upon completion of work. Any hazardous conditions shall be reported to the COR immediately.

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 10 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 10 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 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.

(c) 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.