36C25023Q0228.docx

36C25023Q0228

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

506-23-3-968-0027 36C25023Q0228 01-17-2023 Alexis Alexander

(734) 222-7169 02-14-2023

3PM

EST

36C250 Department of Veterans Affairs Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105 X X 561720 $19.5 Million N/A X 36C506 Department of Veterans Affairs LTC Charles S. Kettles VA Medical Center 2215 Fuller Road Ann Arbor MI 48105 36C250 Department of Veterans Affairs Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

Department of Veterans Affairs Financial Management System PO Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 X See CONTINUATION Page 1.

The contractor shall perform Data Center Environmental Cleaning at the LTC Charles S. Kettles VA Medical Center, 2215 Fuller Road, Ann Arbor, MI 48105 in accordance with the Statement of Work, contract clauses, and solicitation provisions contained herein.

2. Invoice Tungsten System-https:// authentication.tungsten-network.com/login

3. Subject to Service Contract Act WD # 2015-4833 Rev. 20 for Washtenaw County, Michigan. Current Wage Determinations listed in Section D.1 below for : 11150 - Janitor.

4. TMS Privacy 10203 & 10176 training required on annual basis. See COR for details.

4. All questions shall be emailed to:

Alexis.Alexander1@va.gov NLT 3:30pm EDT. on Tuesday, January 31, 2023.

5. All offers shall be emailed to:

Alexis.Alexander1@va.gov NLT 3:30pm EDT. on Tuesday, February 14, 2023.

See CONTINUATION Page X X X John McCallum

VA-VHA-SAOC-2018-95B775E0

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

b. GOVERNMENT:

Contracting Officer 36C250 John McCallum/ John.McCallum3@va.gov / 734-222-7157 or any NCO 10 FAC-C Level II Warranted Contracting Officer as assigned.

Contract Specialist 36C250 Alexis Alexander / Alexis.Alexander1@va.gov / 734-222-7169 or any NCO 10 Contract Specialist as assigned.

Department of Veterans Affairs Network Contracting Office 10 2215 Fuller Road Ann Arbor MI 48105

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 STATEMENT OF WORK

Data Center Environmental Cleaning

I. Project Name: VA Ann Arbor Environmental cleaning of IT Data Center, PBX Room, and IT closets.

II. Locations:

a. VAAAHS Campus – 2215 Fuller Rd., Ann Arbor, MI 48105

i. See chart below for IT closet room numbers and square footage

III. Background

Veterans Affairs Ann Arbor Healthcare System (VAAAHS) main campus is located at Ann Arbor, Michigan. The VAAAHS network infrastructure equipment and their rooms require a yearly environmental cleaning to reduce the risk of dust and particulate from hampering or reducing service life of network equipment. This is for a Base + 4 service contract with a planned period of performance of May 1, 2023, through April 30, 2028.

IV. Scope

The contractor shall provide onetime cleaning services for Information Technology (IT) areas. Cleaning services shall include the following:

· Data Center - approximately 1728 Sq Ft containing 23 data cabinets/racks.

Underfloor Plenum Cleaning

· High-Efficiency Particulate Air (HEPA) vacuum the raised floor surface to remove loose particulate prior to removing floor tiles

· Lift a limited number of floor tiles to provide underfloor plenum access

· Manually remove large debris and contaminants

· HEPA vacuum the subfloor slab to remove dust and debris

· HEPA vacuum floor stringers, pedestal heads

· Clean perforated tiles and replace to their original locations

· Provide a comprehensive report highlighting conditions of the underfloor plenum

· Any damaged equipment cabling or flooring shall be documented and brought to the attention of the COR to ensure that the contractor is not held liable for any preexisting conditions that cannot be resolved through standard cleaning services required under this contract.

Floor Surfaces (Raised and Non-Raised Access Flooring)

· HEPA vacuum all floor surfaces, including accessible areas beneath hardware devices, to remove loose particulates

· Safely damp mop floor surfaces using Data Center approved cleaners and low lint mops

· As needed and based on maintenance frequency, scrub clean all accessible floor surfaces using low speed scrubbing machines to remove imbedded contaminants and scuff marks

· Safely damp mop floor surfaces as many times as needed to remove residual contaminants and cleaning solution

Equipment and Environment Cleaning

· HEPA Vacuum, Damp Wipe and Spot Scrub:

· Exterior and interior surfaces of equipment cabinets, racks and stand-alone equipment, e.g. mainframes and tape libraries.

· Exterior surfaces of support equipment, power distribution units and any Uninterrupted Power Source.

· Exterior surfaces of furniture, chairs and desktop equipment, e.g. tables, storage cabinets, monitors

· Major infrastructure components, e.g. interior windows, window sills, wall mounted hardware (Not to include window covering when present)

· Telecommunications Room – approximately 1,376 Sg Ft. containing 15 data cabinets/racks

Floor Surfaces

· HEPA vacuum all floor surfaces, including accessible areas beneath hardware devices, to remove loose particulates

· Safely damp mop floor surfaces using Data Center approved cleaners and low lint mops

· As needed and based on maintenance frequency, scrub clean all accessible floor surfaces using low speed scrubbing machines to remove imbedded contaminants and scuff marks

· Safely damp mop floor surfaces as many times as needed to remove residual contaminants and cleaning solution

· Apply Anti-static floor sealer

Equipment and Environment Cleaning

· HEPA Vacuum, Damp Wipe and Spot Scrub:

· Exterior and interior surfaces of equipment cabinets, racks and stand-alone equipment, e.g. mainframes and tape libraries

· Exterior surfaces of support equipment, power distribution units and any Uninterrupted Power Source.

· Exterior surfaces of furniture, chairs and desktop equipment, e.g. tables, storage cabinets, monitors

· Major infrastructure components, e.g. wall mounted hardware

· IT Closets – (see chart below)

Floor Surfaces

· HEPA vacuum all floor surfaces, including accessible areas beneath hardware devices, to remove loose particulates

· Safely damp mop floor surfaces using Data Center approved cleaners and low lint mops

· Safely damp mop floor surfaces as many times as needed to remove residual contaminants and cleaning solution

Equipment and Environment Cleaning

· HEPA Vacuum, Damp Wipe and Spot Scrub:

· Exterior surfaces of equipment cabinets, racks and stand-alone equipment, e.g. switches, routers

· Exterior surfaces of support equipment, power distribution units, NetBotz, Uninterrupted Power Source, and overhead piping.

· Chemical Controls

· All chemicals shall be contained in appropriately marked and sealed containers

· Material Safety Data Sheet (MSDS) must be maintained for all materials utilized by the contractor. (Must be in an easily accessed location.)

· Cleaners shall not contain ammonia or dangerous chemical solvents that are potentially hazardous to the data processing equipment.

V. Requirements

· Cleaning Requirements:

· The contractor shall furnish labor, equipment and supplies for datacenter under plenum, floor surface, equipment, environment and air quality cleaning services resulting in the prevention of downtime and increasing the reliability of our data center while adhering to the sensitivity and safety of our mission critical operations.

· Cleaning services in a data center, telecommunications rooms and IT closets have to be carried out by controlled environment specialists that understand the data center dynamics and how to decontaminate these areas without causing downtime or microscopic long-term damage.

· Data Center Cleaners decontaminate (clean) equipment and supplies and their effects on different surfaces, energies and microscopic air particulate using testing instruments and specialized cleaning equipment and chemicals. Since there are static, particulate, network signals and heat sources in the Data Center that can cause disastrous catastrophic loss of uptime to the Library of Congress, cause fires and Indoor Air Pollution –there are several standards that help keep these environments safe including:

· American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) and International Organization for Standardization (ISO) Standards.

· All areas are to be cleaned to minimum levels outlined in the ASHRAE 2009a white paper report and ISO Standard 14644-1.

VI. Date of Service

a. Contracted services are to commence within 30 days of award and be completed no later than 30 days after services start.

VII. Stipulations and Services To Be Provided

a. Summary

i. Government Furnished Property

1. Electrical power - Sufficient 110v outlets for the Contractor to operate equipment to conduct the cleaning.

2. Hot and cold water – A janitor’s closet with the water source is located in each building and access will be provided to the vendor at the time of service.

3. Secure storage - Contractor may store equipment overnight in the secured datacenter for the duration of the cleaning provided there is no residual liquid present.

4. Telephones – The land line telephones can be used for communication within the building only and shall not be used for personal reasons.

5. Contractor shall not use, move, or tamper with office machines, equipment, and Government employees’ personal property at any time.

ii. Furnished by the Contractor:

1. Contractor shall furnish all equipment necessary for the performance of the work. Such equipment used shall be of the size and type customarily used in work of this type, and shall have been approved by the Contracting Officer’s Representative (COR) prior to the first scheduled cleaning. All equipment shall be Occupational Safety and Health Administration (OSHA) certified and meets all OSHA requirements.

2. All vacuum equipment shall utilize anti-static tools to avoid electrostatic discharge and shall be equipped with suction and filtration in order to ensure the fragments are retained by the Floor Cleaning machines and not be allowed to re-circulate within the computer room. Vacuum systems used during the cleaning process must be tested and certified ULPA (Ultra Low Penetration Air) and include Radio Frequency and Magnetic Frequency shielded motor housings.

3. All equipment will be fully grounded, and shall be equipped with three prong-molded plugs and shall only be plugged into receptacles specifically identified for use by the cleaning crew. No equipment shall be plugged into receptacles which are an integral part of any computer or pieces of electrical equipment.

4. Any receptacle or receptacle plate damaged by improper use shall be repaired or replaced at the expense of the Contractor.

5. The Contractor shall furnish all supplies necessary for the performance of his contract. All materials furnished shall be available for inspection and approval by the COR. All equipment, products, supplies and chemicals used during the cleaning process must be certified safe for use in a data center environment. Contractor will dispose of all trash and debris accumulated during cleaning.

6. Any supplies or materials which the COR determines is unsuitable for cleaning or harmful will be replaced with acceptable materials by the contractor.

7. All materials used shall be of the anti-static and non-flaking type.

b. Scope of Responsibility

i. Contractor Responsibilities

1. Meet the VAAAHS schedule of Monday thru Friday, 8:00 am – 4:30 pm, excluding federal holidays.

2. Perform all cleaning as specified in the scope above.

3. Ensure all cleaning tasks are completed.

4. Develop a project timeline and plan.

5. Coordinate daily status meetings and provide necessary communications on a daily basis.

6. Be insured to cover any damages by the contractor during this contract.

ii. Customer Responsibilities

1. Provide site access for contractor and escorts for cleaning teams.

2. Notify contractor of any safety procedures, training or equipment required by VA regulations.

3. Perform visual inspections of areas after cleaning has concluded

4. Provide an on-site point of contact.

5. Ensure that a safety plan (if necessary) is in place prior to cleaning is performed.

6. Provide onsite parking at the VAAAHS contractor parking lot.

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

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Amended October 25, 2021)

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

a. Documentation requirements:

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

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

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

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

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

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

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

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Computer Facility Maintenance Sub floor Vaccuuming Skin Cleaning Tile Cleaning Services applied for 1 yr 61 IT Closets -4390 sq ft Data Center 1728 sq ft Telecommunications Room 1376 sq ft Total Sq ft 7494 Contract Period: Base POP Begin: 05-01-2023 POP End: 04-30-2024 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: S201 - Housekeeping - Custodial Janitorial

Computer Facility Maintenance Sub floor Vaccuuming Skin Cleaning Tile Cleaning Services applied for 1 yr 61 IT Closets -4390 sq ft Data Center 1728 sq ft Telecommunications Room 1376 sq ft Total Sq ft 7494 Contract Period: Option 1 POP Begin: 05-01-2024 POP End: 04-30-2025

Computer Facility Maintenance Sub floor Vaccuuming Skin Cleaning Tile Cleaning Services applied for 1 yr 61 IT Closets -4390 sq ft Data Center 1728 sq ft Telecommunications Room 1376 sq ft Total Sq ft 7494 Contract Period: Option 2 POP Begin: 05-01-2025 POP End: 04-30-2026

Computer Facility Maintenance Sub floor Vaccuuming Skin Cleaning Tile Cleaning Services applied for 1 yr 61 IT Closets -4390 sq ft Data Center 1728 sq ft Telecommunications Room 1376 sq ft Total Sq ft 7494 Contract Period: Option 3 POP Begin: 05-01-2026 POP End: 04-30-2027

Computer Facility Maintenance Sub floor Vaccuuming Skin Cleaning Tile Cleaning Services applied for 1 yr 61 IT Closets -4390 sq ft Data Center 1728 sq ft Telecommunications Room 1376 sq ft Total Sq ft 7494 Contract Period: Option 4 POP Begin: 05-01-2027 POP End: 04-30-2028

B.4 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

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

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

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

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

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

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

g. The contractor/subcontractor agrees to:

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

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

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

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

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

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

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

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

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

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

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 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. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

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

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

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

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

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

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

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

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

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy…