36C25023Q0081.docx

36C25023Q0081

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

583-23-2-626-0004 36C25023Q0081 03-27-2023 Leitch, Sally L.

317-988-1527 04-26-2023 16:00

EDT

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240 X X 561710 $15.5 Million N/A X Department of Veterans Affairs Veterans’ Health Indiana Richard L. Roudebush VA Medical Center 1481 West Tenth Street Indianapolis IN 46202 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

See website at:

https://www.fsc.va.gov/einvoice.asp for instructions & for invoicing website at:

https://www.tungsten-network.com/ customer-campaigns/veteransaffairs See CONTINUATION Page Veterans’ Health Indiana (VHI) requires the services of a contractor to provide Bed Bug Remediation and Canine Inspection Services in accordance with the Statement of Work (SOW).

This is a 100% VetCert verified SDVOSB set-aside, for a Firm Fixed Price (FFP) Purchase Order through FAR Parts 12, 13, and 19 for a base year and four (4), one-year options.

Quoters that do not submit all the required information may not be considered for award. Quoters are encouraged to submit a quote in accordance with the SOW and Section E of this solicitation.

The Service Contract Labor Standards Act applies to this requirement and all applicable wage determinations are attached in Section D of this document.

See CONTINUATION Page 583-3630162-626-856200-2542 010056100 X X X Sally L. Leitch Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. Contractor:

Contractor Name

Contractor Address

Contractor Main Phone

Contractor Fax

Contractor Primary POC

Contractor Primary POC Title

Contractor Primary POC Phone

Contractor Primary POC Email

Contractor Alternate POC

Contractor Alternate POC Title

Contractor Alternate POC Phone

Contractor Alternate POC Email

SAM ID Number

Tax ID Number

Sub-Contractor Company Name

SAM ID Number

Business Size

b. Government:

Veterans’ Health Administration Network Contracting Office (NCO) 10 8888 Keystone Crossing, Suite 1100 Indianapolis, IN 46240

2. Contractor Remittance Address: All payments by the Government to the contractor will be made in accordance with:

3. Invoices: Invoices shall be submitted in arrears in accordance with the applicable monthly or quarterly line-item frequency to:

c. Other [x] https://www.tungsten-network.com/customer-campaigns/veteransaffairs

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: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

5. Secure Fax: All faxes regarding this contract shall contain the following on the coversheet:

This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

6. Service Contract Labor Standards: The Service Contract Act does apply to this requirement.

7. Quote Submission: Quoters shall follow the submission instructions provided in Section E of this solicitation. Quoters that do not submit a complete quote package containing all items as required in the Statement of Work and Section E may not be considered for award. Determination to consider a quote for award will be made by the Contracting Officer.

8. Late Quotes: May not be accepted. It is the responsibility of the quoter to ensure their quote package has been received prior to the closing date and time. Determination to accept a late quote will be mad by the Contracting Officer.

9. Questions: All questions shall be submitted via email no later than the 10th calendar day at 3:00 p.m., Eastern Time, after the issuance of the of the solicitation to Sally.Leitch@va.gov.

10. Acknowledgement of Amendments: Quoter shall acknowledge all amendments by completing the table below:

REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Monthly Bed Bug Remediation Services - All Sites

In Accordance with the Statement of Work

Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services PRODUCT/SERVICE CODE: S207 - Housekeeping - Insect/Rodent Control

Monthly Vehicle Bed Bug Remediation Services All Sites

In Accordance with the Statement of Work

Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024

Quarterly Canine Bed Bug Inspection Services

In Accordance with the Statement of Work

Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024

Monthly Bed Bug Remediation Services - All Sites

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

Monthly Vehicle Bed Bug Remediation Services

In Accordance with the Statement of Work

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

Quarterly Canine Bed Bug Inspection Services

In Accordance with the Statement of Work

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

Monthly Bed Bug Remediation Services - All Sites

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026

Monthly Vehicle Bed Bug Remediation Services

In Accordance with the Statement of Work

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026

Quarterly Canine Bed Bug Inspection Services

In Accordance with the Statement of Work

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026

Monthly Bed Bug Remediation Services - All Sites

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027

Monthly Vehicle Bed Bug Remediation Services

In Accordance with the Statement of Work

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027

Quarterly Canine Bed Bug Inspection Services

In Accordance with the Statement of Work

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027

Monthly Bed Bug Remediation Services - All Sites

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028

Monthly Vehicle Bed Bug Remediation Services

In Accordance with the Statement of Work

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028

Quarterly Canine Bed Bug Inspection Services

In Accordance with the Statement of Work

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028

Base

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Total Contract Value

B.3 STATEMENT OF WORK

BED BUG REMEDIATION & CANINE INSPECTION SERVICES

GENERAL:

1. The Contractor shall provide all labor, management, laboratory testing, tools, supplies, equipment, transportation, and labor to perform the tasks associated with bed bug remediation and canine inspection services for the interior of the Veterans Health Indiana hospital campus located at 1481 W 10th Street Indianapolis, IN 46202 (herein referred to as VHI), support facilities (identified in this document), and interior of all Government owned vehicles assigned to VHI and support facilities in a manner that ensures the health and general well-being of patients, staff, and visitors.

2. The Government’s goal is to ensure a “pest-free environment” that will focus on significantly minimizing bed bug sightings and eliminating bed bug infestations within the confines of each building on the VHI campus and support facilities.

3. All services provided shall be performed by a licensed/certified Pest Control Operator (PCO).

4. PCO shall be available to be onsite each workday for services covered in this document. The Government does not always require someone onsite; however, the Contractor shall be available to be onsite within the response timeframes as listed in the Statement of Work (SOW) and for any inspections, maintenance, treatment, and any other service outlined in this SOW.

5. Contractor shall have access to a certified entomologist at the PhD level to aide in the proper identification of pests. Proper identification is required to accurately target specific beg bugs in accordance with an IPM system.

6. All sites shall be treated monthly, and as needed to ensure a bed bug free environment.

7. Vehicles are approximate counts, and contractor shall treat at minimum 30 vehicles per month.

8. Contractor shall conduct canine inspections and services on each site quarterly.

9. Contractor shall have an on-site response time of no more than 2 hours from all sites listed herein.

WORK SCHEDULE:

1. Normal Work Hours: 8:00am – 4:30pm EST (local time), Monday through Friday. Hours outside of this schedule may be required for remediation or canine inspections at no additional cost to the government.

2. Federal Holidays can be found at the following link: Federal Holidays (opm.gov)

3. Emergency Hours: The Contractor/PCO shall be available, on call (able to respond within two (2) hours), always outside of the normal work hours for emergencies at no additional cost to the government.

DESCRIPTION / NARRATIVE:

The healthcare setting demands a high level of sensitivity when addressing bed bug management concerns.

1. Education: Contractor shall provide contractor personnel that are well versed and capable of providing instruction and training to VA staff in the areas of identifying pest entrances, harborages, and attractants on a campus wide scale. In addition, VA staff shall be provided instruction and training f as to the reason’s pests are present, how they are entering buildings, and to whom to report sightings and concerns, we exponentially increase our pest awareness and inspection coverage. Monitoring, and Trending Reports: The Contractor/PCO shall provide passive bed bug monitoring and detection service to all in-patient beds, as well as all sites/areas listed within this document.

- NOTE FOR GOVERNMENT OWNED VEHICLES: The Contractor shall be responsible for the interior of all Government owned vehicles assigned to VHI and support facilities identified in this document.

2. Treatment: Pesticides/insecticides: The focus of VHI is to reduce the number of chemicals utilized in the treatment of bed bugs. Steam and Bio pesticides will be the primary treatment for bed bug remediation services. Emphasis shall be given to monitoring practices in conjunction with local, state, and federal regulations.

SPECIFICATIONS:

1. The Contractor shall conform to all federal, state, and local regulations governing examining and licensing of pest control operators, performance of pest control, use of approved pest control chemicals and equipment, and proper disposal methods for all products/containers, which may be in effect for the area where the work under the contract will be performed. At a minimum, the Contractor shall maintain a Category 7a certification with the Office of Indiana State Chemist. Information on the requirements for this certification can be found here:

http://oisc.purdue.edu/pesticide/continuing_certification_program.html#categories

2. The Contractor shall provide NESDCA (National Entomology Scent Detection Canine Association) accredited Bed Bug canine detection services, and certificate to include at minimum the date inspected, certification accreditation of both canine and its handler, and the outcome of the inspection in such a format as to be displayed to all visitors once weekly. The canines shall be owned by the contactor and inspect as required by the Government. Bed bug canine inspections may include nine (9) floors and the basement, be limited to patient care areas, and patient care support areas (i.e., Linen Room). Canine inspections should be completed on weekends or after hours (after 4:30 p.m.). The Contractor shall work with EMS Management (Chief, Assistant Chief, and Foremen) to create a schedule that works for the facility to have minimal disruption to Veteran services.

a. Bed bug remediation shall be provided by the contractor on an as needed basis. Bed bug remediation refers to the full treatment of a verified bed bug infestation.

b. Bed bug sightings shall be responded to within the established two (2) hour time frame.

EMERGENCIES:

The Contractor shall respond to emergencies within ONE (1) hour after notification by the COR or his/her designee. The Contractor shall report to perform necessary services no more than TWO (2) hours after notification or within mutually agreed upon time. A pest emergency refers to any sighting that may have an immediate harmful impact to patients or staff, which if not treated immediately could jeopardize the health and safety of patients, staff, and visitors. Contractor shall respond within two (2) hours for an emergency pest management issue.

SAFETY FACTORS:

All treatments shall be approved by the COR and shall be placed only at times and in the areas approved by the COR. No pest control material or trap shall be placed where it can be recovered by patients, nor shall any such material be allowed to contact food or cooking utensils. Safety Data Sheet (SDS) for any chemical treatment shall be provided to the COR before initial application.

If chemical treatment is used, the following shall be documented:

1. The name of the PCO who applied the chemical treatment.

2. The location, by building and room number where each application occurred.

3. The pest(s) against which the chemical treatment is intended to control.

4. The date and time of treatment.

5. The trade name and/or brand name of the chemical applied.

6. The rate of application or amount of the pesticide applied, and the total area treated.

STORAGE OF PEST CONTROL MATERIALS:

Storage of pest control materials or equipment at the VHI is prohibited without the written approval of the COR.

REQUIRED CONTRACTOR REPORTING:

1. The Contractor is responsible for completing and submitting all reports required or requested by Federal, State, and/or local ordinances, which pertain to any duties contained in the contract.

2. The Contractor is responsible for all reports mentioned throughout this SOW.

3. The Contractor shall provide to the COR, prior to initial application, the trade names (if any) and the chemical names of all approved pesticides/chemicals along with appropriate antidote information and current Safety Data Sheet (SDS).

The Government shall utilize the reports provided by the Contractor to monitor and confirm contractor performance in accordance with the requirements of this contract. Failure to provide said reports may result in an unsatisfactory performance rating.

CONTRACTOR PERSONNEL BADGES AND PARKING:

1. The Contractor shall provide the COR with a list of all contractor personnel expected to be on VA premises to provide the services of this contract. While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

2. An identification badge shall be given to all contractor personnel before the services of this contract will begin. The contractor personnel shall safeguard the identification badge and immediately report any lost, stolen, or destroyed badges to the COR. All contract personnel shall properly display their identification badge. Identification badges shall be worn at or above the waist (facing forward). The contractor personnel shall return the identification badge to the COR when the personnel are no longer providing the services.

3. The Contractor shall be required to comply with all security policies/requirements of VHI. All security policies/requirements shall be met, and employees cleared prior to the contractor performing work under this contract. Contractor personnel that cannot meet the security and clearance requirements shall not be allowed to perform work under this contract.

4. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Parking information shall be coordinated with each facility COR.

5. VHI does not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstance.

INTERFERENCE TO NORMAL FUNCTION:

The Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

1. In the event of an emergency, these contracted services may be stopped and rescheduled at no additional cost to the government.

2. The Contractor shall inform the COR of the need to gain access to secured areas. If access is required to secure areas, prearranged scheduling shall be made with COR or designee.

LOCATIONS OF SERVICE

The Contractor shall provide service at the following locations below. For government services only

Richard L Roudebush VA Medical Center 1481 W. 10th Street Indianapolis, IN 46020

Total approximate square footage: 800,000 ft2

Total in-patient beds: 159

Outer Buildings at VHI Include:

Buildings 5, 19, 21, 6, 33, Chiller Plant, Warehouse, Sterile Processing Services.

Total approximate square footage: 75,800 ft2

Approx. # vehicles: 105

Cold Springs Road Support Facilities 2669 Cold Spring Road Indianapolis, IN 46222

Outer Buildings at Cold Springs Road location include:

Buildings 5, 7, 9, Veterans House, Coumadin Clinic, and Warehouse

Total approximate square footage: 75,000 ft2

Approx. # vehicles: 15

Lafayette VA Clinic 940 Park East Boulevard Lafayette, IN 47905-0792

Total approximate square footage: 100,000 ft2

Approx. # vehicles: 2

Wakeman Community Based Outpatient Clinic Camp Atterbury Building 1010 & 1012 3791 10th Street Edinburgh, IN 46124

Total approximate square footage: 10,400 ft2

Approx. # vehicles: 1

West Lafayette Retirement 3851 N. River Road West Lafayette, IN 47906

Total approximate square footage:

7000 ft2

Approx. # vehicles: 0

Monroe County VA Clinic 1320 Arch Haven Avenue, Suite A Bloomington, IN 47403

3040 ft2

Approx. # vehicles: 1

Terre Haute VA Clinic 5080 E. Bill Farr Drive Terre Haute, IN 47803-9306

Total approximate square footage: 35520 ft2

H. Martinsville Community Based Outpatient Clinic 2200 John R Wooden Drive Martinsville, IN 46151

Total approximate square footage: 20,000 ft2

Brownsburg VA clinic 557 Pit Road Brownsburg, IKN 46112

Total approximate square footage: 100,000 ft2

VA Domiciliary 9045 E. 59th Street, Bldg. 409 Indianapolis, IN 46216

Total approximate square footage: 37,000 ft2

Shelbyville VA Clinic 30 West Rampart Street Shelbyville, IN 46716

Total approximate square footage: 5,800 ft2

VA Homeless Team 777 N. Meridian Street Indianapolis IN 46204

8,000 ft2

Approx. # vehicles: 20

VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19:

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

a. Documentation requirements:

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

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

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

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

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

3. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces.

a. Contractors shall, always, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

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

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 onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management 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 3 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 3 days.

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

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

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

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

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

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

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

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

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(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.