36C25021Q0780_1.docx

36C25021Q0780

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

506-21-4-1609-1216 36C25021Q0780 07-28-2021 Kelly Poole 734-222-6177 08-13-2021 12:00

EDT

Department of Veterans Affairs Network 10 Contracting Office Ann Arbor VA Healthcare System 2215 Fuller Road Ann Arbor

MI

48105 X X 561612 $22 Million N/A X Department of Veterans Affairs Ann Arbor VA Healthcare System 2215 Fuller Road Ann Arbor

MI

48105 Department of Veterans Affairs Network 10 Contracting Office Ann Arbor VA Healthcare System 2215 Fuller Road Ann Arbor

MI

48105

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin

TX

78714-9971 512-242-7300 N/A See CONTINUATION Page The contractor shall provide COVID 19 unarmed screening services for the Ann Arbor VA Healthcare System, Ann Arbor, Michigan, in accordance with the Statement of Work, contract clauses, and solicitation provisions contained herein.

All questions and requests for information must be submitted to Kelly Poole at kelly.poole@va.gov by July 13, 2021 at 12pm Eastern time.

This is a 100% VIP verified sources SDVOSB set-aside.

Interested bidders shall submit a quote in accordance with the Instructions to Offerors included in Section E of this

RFQ.

This requirement is being procured under FAR 13.5.

This requirement is subject to FAR 52.222-43 concerning the Service Contract Act, and offerors are responsible for complying with the attached wage determinations and determining the appropriate classification.

See CONTINUATION Page X X Kelly Poole Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR: Name: ___________________________

Address: _________________________

City, State, Zip: ___________________

Telephone Number: ________________

DUNS: __________________________

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, or

[NA] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [NA]

b. Semi-Annually [NA]

c. Other [X] Monthly in arrears to: http://www.tungsten-etwork.com/us/en/

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.

Tungsten Network: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/

5. QUOTE SUBMISSION: Follow the submission instructions provided in the Instructions of Offerors.

6. LATE QUOTE SUBMISSION: Late submissions shall not be considered.

7. QUESTIONS: All questions shall be submitted no later than June 30, 2021 at 3:00pm Eastern time to Kelly.Poole@va.gov. Phone calls will not be accepted.

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

AMENDMENT NO DATE

B.2 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

(a) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $250,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

(b) Each contractor whose contract award is estimated to exceed $250,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor’s registered representative.

(c) For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

(d) Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.”

B.2 PRICE SCHEDULE

Schedule of Services:

The Ann Arbor VA Healthcare System (VHAAHS) has a need to provide professional and courteous uniformed COVID 19 unarmed security/screening personnel services at the Ann Arbor VA Healthcare System and the surrounding Community Based Outpatient Clinics (CBOCs). The services provided will be performed in such a manner to ensure the safety and welfare of patients, visitors, and staff. The contractor shall furnish all personnel, management, transportation, equipment, and supplies necessary to provide one (1) unarmed security/screening supervisor, approximately thirty (30) unarmed security/screening personnel on weekdays and six (6) on weekends in accordance with all terms and conditions defined herein.

The Government has provided its best estimate as to the number of hours that will be required over the six month base period and three six month option periods exercisable at the sole discretion of the Government. The need for services may change due to the needs of the Medical Center. There is no guarantee that the exact number of hours listed in the price schedule will be needed at all times.

Base Period of Performance: Date of Award – Six Months from Date of Award

Approximately 282.5 hours needed each week

Approximately 336 hours needed each week

Approximately 40 hours needed each week

ApproEntrance

Approximately 40 hours needed each week

Approximately 40 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 40 hours needed each week

Aggregate – Base Period of Performance: $________________

Option PeriodI: Six Month Period following Base Period

Approximately 282.5 hours needed each week

Approximately 336 hours needed each week

Approximately 40 hours needed each week

Approximately 40 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 40 hours needed each week

Aggregate – Option Period I: $________________ Option Period II: Six Months Following Option Year I

Approximately 282.5 hours needed each week

Approximately 336 hours needed each week

Approximately 40 hours needed each week

Approximately 40 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 40 hours needed each week

Aggregate – Option Period II: $________________ Option Period III: Six Months Following Option Year II

Approximately 282.5 hours needed each week

Approximately 336 hours needed each week

Approximately 40 hours needed each week

Approximately 40 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 80 hours needed each week

Approximately 40 hours needed each week

Aggregate – Option Year III: $________________ Grand Aggregate – Base Period and Option Periods I, II, and III: $______________________________________________

STATEMENT OF WORK

1. Scope of Work The Ann Arbor VA Healthcare System (VHAAAHS) has an emergent need to provide professional and courteous uniformed COVID-19 unarmed security/screening personnel services at the Ann Arbor VA Healthcare System and the surrounding Community Based Outpatient Clinics (CBOC’s). The services provided will be performed in such a manner to ensure the safety and welfare of patients, visitors and staff. The Contractor will furnish all personnel, management, transportation, equipment and supplies necessary to provide one (1) unarmed security/screening Supervisor, thirty (30) unarmed security/screening personnel on Weekdays and six (6) on Weekends in accordance with all terms and conditions defined herein.

The Ann Arbor VA Healthcare System is seeking one (1) six-month base period and three (3) six-month option periods exercisable at the sole discretion of the Government.

Locations and addresses:

Ann Arbor VA Medical Center – 2215 Fuller Road, Ann Arbor MI, 48105

· Emergency Department Entrance Station

· Welcome Center Station/ Main Entrance

· 2nd Floor - North Parking Ramp Entrance Station

· Administrative Building Station

· Auditorium

Packard Road Outpatient Clinic – 3800 Packard Road, Ann Arbor MI, 48105

· Front Entrance Station

Green Road CBOC – 2500 Green Road Suite 200, Ann Arbor, MI 48105

· Front Entrance Station

Flint CBOC – 2360 South Linden Road, Flint MI 48532

· Main Entrance Station

Jackson CBOC – 4328 Page Avenue, Michigan Center MI, 49254

· Front Entrance Station

Toledo CBOC – 1200 S. Detroit Avenue Toledo, OH 43614

· Front Entrance Station

Lenawee County Outpatient – Final location TBD – Est. open September 1, 2021

· Front Entrance Station

Livingston County Outpatient – Final location TBD – Est. November 2021

· Front Entrance Station

Canton CBOC – Final location TBD – Est. opening October/November 2021

· Front Entrance Station

2. Coverage Requirement

The Contractor shall provide unarmed security/screening personnel to ensure coverage for the locations and time frames stated in Attachment D. It is anticipated that the need for unarmed security /screening personal may decrease through the term of the contract. If additional/fewer services are required outside of the hours of coverage specified herein, the Contractor shall receive prior written approval from the Contracting Officer (CO) via Contract modification. Any additional services performed by the Contractor without this authorization will be performed at no additional cost to the Government.

Locations and hours: Listed on Attachment D.

The Contractor is not required to provide service on the following holidays except for the locations specifically noted above with holiday hours (ie, Ann Arbor VA Hospital - Emergency Department entrance). The following holidays are observed by the Federal Government, in addition to any other federal holiday declared by the President of the United States of America:

Federal Holidays

4. Personnel The Contractor must conduct background checks on their employees prior to ensure no criminal record and suitability of performance under this contract prior to the employee’s start date. Upon request, the Contractor shall provide documentation to the Contracting Officer (CO) or Contracting Officer’s Representative (COR) of the completed background check.

All Contractor personnel who will provide COVID-19 security/screening services must obtain PIV badges from the COR and shall always display/wear the PIV badge.

Supervision

· The Contractor shall provide the name, telephone number(s), and addresses of the screening personnel point of contact in writing, to the Contracting Officer prior to performance under this contract. The term "point of contact" means a person designated, in writing, by the Contractor, who has authority to act, for the Contractor, on a day-to-day basis.

· The Contractor shall monitor the hours of duty of personnel to ensure compliance with the requirements of the contract. The screening personnel must be present at their scheduled location and must be performing the required services for the time frame specified within the contract.

· The Contractor must always have the specified quantity of security/screening personnel at each location during the hours of operation as specified herein.

· Payments for leave, including sick leave or vacation time, are the responsibility of the Contractor.

· The Contracted security/screening personnel must:

· Present in uniform and convey a professional appearance;

· Maintain a continued state of proper training;

· Possess the necessary licenses;

· Ensure accurate documentation;

Education/Experience:

· Shall possess a high school diploma or equivalency, and have two (2) years’ experience demonstrating the ability to meet and deal with the general public and the ability to maintain poise and self-control under stress;

· Shall demonstrate the ability to read, understand and apply printed rules, detailed orders, instruction, and training materials;

· Shall demonstrate the ability to construct and write clear, concise, accurate and detailed reports;

· Shall be literate in English to the extent of reading and understanding printed regulation, detailed written orders, training instruction and material, and shall be able to compose reports which convey complete information in a clear and concise manner, accurate and detailed of incidents occurring on his/her tour of duty.

Health and Physical Fitness Requirements: All employees assigned by the Contractor to work under this contract shall:

· Be physically able to perform all general duties, functions, and activities as outlined in this SOW;

· Be free of any communicable diseases/viruses;

· Have documented tuberculosis testing (TB) every two (2) years. Shall have tested as TB-free prior to starting work. Be in good general health without physical defects, which would interfere with the performance of these duties;

· May be subject to urinalysis to screen for illegal drug use on a random basis at no cost to the government. The Contractor shall ensure that the employees assigned are aware of the VA’s sexual harassment and drug-free workplace policies. The Contractor may obtain a copy of this information from the COR.

· Each employee shall be given a physical examination at no cost to the Government or the employee, and medical certification attesting to the results of this examination shall be furnished to the CO or COR on Standard Form 78 at least five (5) days prior to assignment of the employee to duty. Exam must not be older than one (1) year.

5. Government-Furnished Property, Supplies and Services

FAR Clause 52.245-4 Government- Furnished Property (Short Form) contains the basic requirements for the operation, maintenance and protection of government property. Below are some key Government properties relevant to this contract.

· A telephone shall be available for the Contractor’s staff to use to fulfill the requirements of this contract. The use of the government provided telephones for other than related VAAAHS business is inappropriate and may be grounds for removal of Contractor’s staff.

· Government issued masks will be provided to ensure each station is adequately stocked.

· Government issued hand sanitizer will be provided to each screening station.

*The C&A requirements do not apply, and that a Security Accreditation Package is not required.

6. Contractor Furnished Property and Supplies

The Contractor shall furnish and maintain in acceptable condition, at no cost to the Government, all items of uniform items, equipment and supplies necessary to perform the services required herein, (and specified below), and additional items as needed, within reason.

· Communication Equipment: The Contractor shall provide a method for immediate communications between the screening personnel on duty and the Contractor’s Supervisor on duty. This can be by cell phone or radio system but shall be furnished by the Contractor. This communication system shall be efficient and effective for the fulfillment of the contract.

· Uniforms: Contractor personnel shall always wear professional uniforms consistent with administrative service workers in the health care industry while in the performance of his/her duties. All Contractor employees performing under this contract shall wear the same color and style of uniform.

7. General Security/Screening Personnel Duties

Assignments for all locations shall include:

· COVID Screening: Observe and conduct COVID Screening in accordance with VA Procedures for all personnel entering the facility. (Screening process outlined in Attachment A & B below)

Veteran Positive Screens

· Veterans screening positive are to be guided to the designated waiting area.

· Contact Emergency Department nursing staff immediately.

· Nursing staff will make the final determination.

Employee Positive Screen

· Employees should exit the building immediately and contact Employee Health. (Process outlined in Attachment C below)

· Provide patients, guests and employee with masks if necessary.

· Customer Service: Meet and deal with the general public in a manner that promotes a positive image of the VHAAAHS. Maintain poise and self-control under stress. Although there will be cordial conversation with the visitors, such contacts shall be brief. Screening personnel shall not allow personal conversation or activity to interrupt patient/visitor flow.

· Observation: Observe all personnel entering the facility/grounds when suspected of carrying weapons, showing hostility, or being unauthorized personnel. In these events security/screening personnel is to contact Police Services.

· Emergencies:

General emergencies

· Contact Police services immediately

Individuals presenting with suicidal ideations –

· Contact Emergency Department nursing staff immediately.

· Maintain constant observation of said individual until nursing staff arrives.

8. Identification, Parking, Smoking, and VA Regulations:

The Contractor's employees shall wear visible identification at all times while on the premises of the VHAAAHS. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information regarding parking will be provided by the VHAAAHS Police Service. VHAAAHS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings or on any property at the VHAAAHS. Possession of weapons is prohibited.

· Contractor Responsibilities:

· The Contractor shall maintain personal liability and property damage insurance and provide a copy of insurance certificate to CO upon award of a contract.

· Contracting Officer’s Representative (COR):

· The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer. The Government may appoint a COR. If so, a Delegation of Authority letter shall be forwarded to the using service and the Contractor after the contract has been signed, identifying the individual(s) as the COR(s).

· Changes:

· The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof.

9. Quality Control Plan:

· The Contractor shall implement and maintain a complete quality control (QC) program so that all requirements are provided for as specified in all sections of this contract. The Contractor’s QCP shall include but not be limited to the following:

· A statement describing how the Contractor will meet the basic requirements of this contract, including staffing levels and whether the Contractor has trained and qualified employees in accordance with the qualification standards listed above shall be provided and updated whenever there is major turnover of personnel. A major turnover is identified as four or more employees.

· The Contractor shall provide quality control or assurance reports to the COR or CO upon request. The report shall include the results of the reviews, identification of problems and a correction plan.

10. Personnel:

· The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel performance or conduct shall be dealt with by the Contractor, and/or the COR with the final decision made by the Contracting Officer.

· Contractor Personnel Security Requirements:

No access to VA network (s) is required or needed.

· Special Contract Security Requirements:

Due to the increased emphasis on privacy and information security, the following special Contract requirements are established and hereby made part of the Contract entered with the Ann Arbor VA Healthcare System.

· Privacy Training:

Contractor and their sub-Contractors assigned work under the Contract are required to receive annual information security awareness training and patient privacy as established by HIPAA statues. Training must meet VHA’s and the Department of Health and Human Services Standards for Privacy of Individually identifiable health information. Contractor shall provide documented proof to the COR that all employees assigned work and/or having access to Protected Health Information have received annual training. Training can be obtained through Privacy and HIPAA TMS Training (VA10203) http://www.tms.va.gov/SecureAuth35/.

· If there are any questions related to the privacy awareness training, please have a member of your staff contact the VA Privacy Service at (734) 845-5314.

11. Policies and Regulations:

The VA’s Policies and Regulations are confidential in nature and cannot be released outside of official VA channels.

Attachment A – Main Hospital Screening Procedure Attachment B – Off site Screening Procedure Attachment C – Employee Health Guidance

B.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

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

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

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

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

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

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

g. The contractor/subcontractor agrees to:

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

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

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

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

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

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

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

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

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

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

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