Attachment 1 - Performance Work Statement.pdf

||||--DRAFT--||||

B.3 PERFORMANCE WORK STATEMENT dated 18 November 2024

PERFORMANCE WORK STATEMENT (PWS)

Patient Television Service for Dayton VAMC

18 November 2024

1. GENERAL. This is a non-personnel services contract in which the contractor shall provide Patient Television programming and maintenance services for the Dayton VA Medical Center in Ohio. The government shall not exercise any supervision or control over the contract service providers performing the services herein.

1.1 SCOPE SUMMARY. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to provide high-definition digital television service for patients at the main hospital (Building 330) and nursing home (Building 320) which are located at the Dayton VA Medical Center (VAMC) campus. The contractor shall provide service which shall include television subscription for channels specific herein and maintenance service for all associated equipment. The contractor shall provide this service for patient television to Dayton VA Medical Center in Ohio as established in this Performance Work Statement (PWS) and in accordance with terms and conditions established in the contract for the following location:

Dayton VA Medical Center 4100 W. 3rd St.

Dayton, OH 45428

1.2 PERIOD OF PERFORMANCE. The period of performance for this requirement is comprised of a base period of one year plus four (4) option years summarized as follows:

Base Year: 12/22/2024 to 12/21/2025 Option Year One (OY1): 12/22/2025 to 12/21/2026 Option Year Two (OY2): 12/22/2026 to 12/21/2027 Option Year Three (OY3): 12/22/2027 to 12/21/2028 Option Year Four (OY4): 12/22/2028 to 12/21/2029

1.3 GENERAL REQUIREMENTS

1.3.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall identify and define the management concept for ensuring compliance with all contract requirements. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor will have an on-going quality assurance and /or quality improvement program designed to objectively and systematically measure, assess, and improve performance to enhance patient care and all patient care services. The contractor’s quality control program is the means by which the contractor assures that all work complies with the requirement of the contract. The contractor shall provide a copy of the QCP with their offeror as specified by the Contracting Officer and upon request thereafter. After acceptance of the quality control plan, the contractor shall immediately notify the contracting officer of any proposed changes to their quality control program and submit a change request in writing to the contracting officer. The contractor shall furnish copies of these records if requested by the Contracting Officer, GOVERNMENT PM or individual(s) designated by the GOVERNMENT PM and/or CO in writing. The contractor’s quality control program shall include the following:

1.3.2 Quality Assurance. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s):

1.3.3 Federally Recognized Holidays. The contractor is not anticipated but may be required to provide service on Federally recognized holidays in accordance with the terms and conditions established in this PWS to include but not limited to the following:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.3.4 Hours of Operation. The business hours of operation for Dayton VA Medical Center in Ohio is Monday through Friday from 0800-EST to 1630-EST, except on Federally recognized holidays.

1.3.5 Place of Performance. The contractor shall furnish provide services in accordance with the terms and conditions of this contract as requested by the authorized government representative(s) designated in writing by the GOVERNMENT PM and/or CO in accordance with the procedures specified within this PWS for the following location:

Dayton VA Medical Center 4100 W. 3rd St.

Dayton, OH 45428

1.3.6 Type of Contract. The government intends to award a single-award firm-fixed price (FFP) contract for the effort specified herein. The base and option periods (if any) specified in the PRICE/COST SCHEDULE shall be exercised at the discretion of the government. The authority that will be utilized to award this effort is FAR Part

13.5 (Simplified Procedures for Certain Commercial Items).

1.3.7 Security Requirements and Background Checks. All contractor employees shall comply with the security and background check requirements required by Federal, State, Local and the Department of Veterans Affairs to perform service in support of this VA medical facility in the state of Ohio. The contractor shall perform the services in compliance with the terms and conditions of this contract at the contractor’s facility unless a meeting and/or site visit is required which shall be coordinated with the government program manager.

1.4.12.1 VAMC/VAACC Identification Badges: The contractor shall ensure that all personnel obtain VAMC/VAACC identification badges from the each VAMC/VAACC security personnel office as appropriate in compliance with all federal and local VAMC/VAACC facility policies in coordination with the government program manager if required.

1.4.12.2 PHYSICAL Security: Not Applicable.

1.4.12.3 Key Control: Not Applicable.

1.4.12.4 Lock Combinations: Not Applicable.

1.3.9 Post Award Conference/Periodic Progress Meetings. The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, government program manager, and other government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.3.10 Government Program Manager (Government PM). The government PM will be identified by the cognizant government Contracting Officer in writing. The PM monitors all technical aspects of the contract and assists in contract administration. The PM is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract: maintain written and oral communications with the contractor concerning technical aspects of the contract that are within scope: monitor contractor's performance and notifies both the contracting officer and contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of contractor personnel. The PM shall be specified in writing by the CO and is not authorized to change any of the terms and conditions of the resulting contract.

1.3.11 Key Personnel. The following personnel are considered key personnel by the government: Project Manager/Alternate Project Manager and Officer in Charge. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.3.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.3.13 Contractor Travel: Not Applicable

1.3.14 Other Direct Costs: Not Applicable

1.3.15 Data Rights: Not Applicable

1.3.16 Organizational Conflict of Interest: Not Applicable

1.3.17 Phase-In /Phase-Out Period: Not Applicable

2. DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS

BENEFICIARY. Veterans and other members determined to be eligible for benefits by the VA.

COMMUNITY LIVING CENTER (CLC). The Community Living Centers (CLCs) are inpatient units for

VAMC nursing homes.

CONTRACT TASK ORDERS. Award of a funded contract task order for the appropriate period of performance is required prior to the commencement of any/all work in accordance with FAR part 16.506 as specified herein.

CONTRACTOR. A vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime contractor and its employees. The contractor is fully responsible for performance of their sub-contractor(s) and shall ensure that their subcontractor(s) are fully compliant with the terms and conditions of this contract at all-times.

CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

GOVERNMENT PROGRAM MANAGER (PM): An individual specified by the contracting officer in writing to provide technical guidance for work within the scope of this contract. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

NOT TO EXCEED (NTE). The price and/or quantity that the contract or purchase order shall not exceed.

PATIENT BUSINESS SERVICES. An administrative department which processes patients’ medical records, appointments, etc.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the contractor are performed according to acceptable standards.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of this contract.

QUALITY ASSURANCE EVALUATOR(S): Government personnel responsible for surveillance of contractor performance.

QUALITY ASSURANCE SURVEILLENCE PLAN (QASP). An organized written document specifying the surveillance methodology to be utilized by the government for surveillance of contractor performance.

QUALITY CONTROL PLAN (QCP): The QCP is the contractor's management plan for executing the contract which shall be provided to the government upon request and whenever updated by the contractor. The contractor QCP describes the way in which the contractor will produce the deliverables, and the step-by-step approach that will be taken to ensure the quality of service provided to the government.

SUBCONTRACTOR(S). A subcontractor is one who enters into a contract with a contractor (or prime contractor). The contractor (or prime contractor) may choose to subcontract a nominal amount of patient transports during periods of increased demand to comply with the terms and conditions of this contract. The prime contractor is fully responsible for performance of their sub-contractor(s) and shall ensure that their subcontractor(s) are fully compliant with the terms and conditions of this contract at all-times. In addition, the prime contractor shall ensure that their subcontractor(s) clearly identify themselves as the subcontractor for the prime contractor in all written correspondence (i.e. log books, patient transport sheets, etc.) and verbal exchanges with government representatives for all patient transportation runs.

THE JOINT COMMISSION (TJC). A national not-for-profit organization dedicated to administering accreditation programs that improve the care, safety and treatment of patients in a health care facility and environment.

UNIVERSAL PRECAUTIONS. The standard precautions which shall be taken by the contractor when it is anticipated that an individual may encounter blood or body fluid while performing normal duties which require the use of personal protective equipment (e.g., gloves).

VETERANS TRANSPORTATION DEPARTMENT (VTD). This department is under Patient Business Service (PBS) and coordinates Veteran transportation and eligibility issues. This section works under the authority of the Contracting Officer and is responsible for placing orders for service and certification of invoices under the terms and conditions of this contract.

VETERANS TRANSPORTATION MANAGER (VTM). The manager/supervisor of the VA section under PBS that is responsible for coordinating Veteran transportation and eligibility issues.

2.2. ACRONYMS:

AQL Access Control List CBOC Community Based Outpatient Clinic CFR Code of Federal Regulations CLC Community Living Centers CO Contracting Officer CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 NHCU Nursing Home Care Unit NTE Not to Exceed OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs

OAC Ohio Administrative Code ORC Ohio Revised Code PBS Patient Business Services PIPO Phase In/Phase Out PACS Physical Access Control System POC Point of Contact PM Program Manager PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Plan QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SaaS Software as a Service SMS Security Management System SSA Site Support Agreement TE Technical Exhibit VAAR Veteran’s Administration Acquisition Regulation VAPS VA Police System VISTA Veteran’s Health Information Systems and Technology Architecture VSC VHA Service Center VAACC Veteran’s Administration Ambulatory Care Clinic VAMC Veteran’s Administration Medical Center VHA Veteran’s Health Administration VHA PM Veteran’s Health Administration Procurement Manual

3. GOVERNMENT FURNISHED ITEMS AND SERVICES: No government furnished equipment (GFE) will be provided for this requirement.

3.1. Services: Not applicable

3.2 Facilities: Not applicable.

3.3 Utilities: Not applicable.

3.4 Equipment: Not applicable.

3.5 Materials: Not applicable.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform all services under this contract as defined in this PWS and in accordance with the terms and conditions of this contract.

4.2. Materials, Supplies and Equipment: The contractor shall provide the supplies as specified in this PWS.

5. REQUIREMENTS – SPECIFIC TASKS:

The Contractor shall perform the following for all identified places of performance:

The intent of this award is to provide high-definition digital television service to the Main Hospital Building 330 and Nursing Home Building 320 at the Dayton VA Medical Center Campus. Price should include 1st year of subscription pricing and 4 additional option years.

5.1 Specific Tasks per location:Building 320:

1.1.1.2. Provide programming and service for current 96 HD receivers, 720/1080i modulators, system launch amplifier, multi-switches, amps and any other equipment necessary to provide all local and a package of popular channels in clear, high-quality service to approximately 100 drops in the Nursing Home

1.1.1.3. All service equipment shall remain installed in the current head end locations

1.1.1.4. Test Monitors and UPS systems shall be provided at head end location

1.1.1.5. Systems shall be tuned and balanced

1.1.1.6. In house CARE and education channels shall remain as part of programming.

1.1.1.7. Channel Listing:

BLDG 320 TV CHANNEL NAME AND NUMBER 110 Channels

CHANNEL NAME CHANNEL #

CHANNEL

NAME CHANNEL # CHANNEL NAME CHANNEL #

WDTN 2.1 ESPN 41 OVATION 86

ESCAPE 2.2 ESPN 2 42 NASA TV 87

JUSTICE 2.3 ESPN NEWS 43 FOOD NETWORK 88

CARE CHANNEL 5 ESPN U 44 EWTN 89

WHIO 7.1 FOX SPORTS 45 TCT NETWORK 90

Me TV 7.2 WRGT 45.1 TEEN NICK 91

LAFF 7.3 MY TV 45.2 WE TV 92

BBC AMERICA 11 COMET 45.3 BLOOMBERG 93

CNBC 12 CHARGE 45.4 BET 94

CNN 13

NFL

NETWORK 46 CMT 95

C SPAN 1 14

FOX SPORTS

CINY 47 MTV 96

C SPAN 2 15

BIG 10

NETWORK 48 MTV 2 97

MSNBC 16 HSN 49 VH1 98

PBS ‐ THINK 16.1 IMPACT 50

PBS AGAIN 16.2 JEWELRY TV 51

PBS ‐ LIFE 16.3 PURSUIT 52

PBS ‐ OH 16.4 QVC 53

PBS ‐ KIDS 16.5 REELZ 54

FOX NEWS 17 RFD TV 55

WEATHER

NATION 18

SON LIFE 56

ANIMAL PLANET 19

CANAL

ONECE 57

AUDIENCE 20 HGTV 58

CARTOON E 21 HLN 59

DISNEY CHANNEL

E 22

INSP. 60

WKEF 22.1 LIFE TIME TV 61

STADIUM 22.2 LINK TV 62

ANTENNA 22.3 MAVTV 63

TBD FITNESS 22.4 A&E 64

DISNEY CHANNEL

W 23

AMC 65

DISNEY JR 24 AXS TV 66

DISNEY XD 25 BRAVO 67

Nick JR 26

COMEDY

CENTRAL 68

WB 26.1 DISCOVERY 69

BOUNCE 26.2 FX 70

ION 26.3 FXX 71

NICK E 27 HISTORY 72

NICK W 28 I.D CHANNEL 73

HALLMARK

CHANNEL 29

NATIONAL

GEOGRAPHIC 74

HALLMARK

MOVIES 30

SPICE TV 75

GOD TV 31 SYFY 76

HILL SONG 32 TBS 77

HOPE CHANNEL 33 TNT 78

WORD NETWORK 34 TRU TV 79

TRINITY 35 TV LAND 80

WORLD HARVEST 36 VICE LAND 81

UP LIFT 37 VELOCITY 82

CHRISTIAN

TELEVISION 38

USA 83

BYU 39 TLC 84

FREE FORM 40 TCM 85

1.1.2. Building 330:

1.1.2.1. Provide programming and activation of approximately 34 standard definition receivers with high-definition receivers in the building 330 head end

1.1.2.2. All service equipment shall remain installed in the current head end locations

1.1.2.3. Test Monitors and UPS systems shall be provided at head end location

1.1.2.4. Systems shall be tuned and balanced

1.1.2.5. In house CARE and education channels shall remain as part of programming.

1.1.2.6. Channel Listing:

BLDG 330 TV CHANNEL NAME AND NUMBER 39 Channels

CHANNEL NAME

CHANNEL

# CHANNEL NAME

CHANNEL

ABC 22 8 ESPN 36

NBC 2 9

PT. ED. WELLNESS

CHANNEL 37

CBS 7 10 ESPN2 38

FOX 45 11 ESPNU 39

WB 26 12 ESPNEWS 40

PBS 16 13 TBN 41

CNN 19 HOME&GARDEN (HGTV) 44

FOX NEWS 20 FOOD NETWORK 45

LIFETIME MOVIE

NETWORK 21 TRAVEL CHANNEL 51

TBS 23 ABC FAMILY 52

THE LEARNING CHANNEL 25 AM. MOVIE CLASSICS 53

TNT 26 ANIMAL PLANET 54

PT. ED. MEDICAL INFO CH. 27 A&E 55

USA 29 TCM 56

DISCOVERY CHANNEL 30 STAFF ED. CHANNEL 57

HEADLINE NEWS 31 THE CHURCH CHANNEL 58

HISTORY CHANNEL 32 CARE CHANNEL 59

NATIONAL GEOGRAPHIC 33 GSN 61

STAFF ED. CHANNEL 34 BIG TEN NETWORK 63

THE WEATHER CHANNEL 35

5.2 SERVICE REQUIREMENTS

5.2.1 The contractor shall provide HD service to both locations (building 320 and 330).

5.2.2 The contractor shall provide annual licensing and support for equipment.

5.2.3 The contractor shall provide monthly maintenance and support.

5.2.4 The contractor shall provide programming and testing.

5.3 PROJECT MANAGEMENT

5.3.1 The contractor shall assign a Project Manager (PM) in writing, who shall be the key point of contact for VA when communication with contractor throughout the period of this contract. All proposed substitutions are to be submitted to the CO in writing, at least 30 calendar days in advance of the proposed effective date. The contractor shall not team with another vendor or contractor in performance of this scope of work.

5.3.2 Work shall be accomplished Monday through Friday 8:00 a.m. to 4:30 p.m. excluding Federal holidays. There may be instances in which the contractor's workday may be outside this time frame. Contracting personnel working on-site at any VA location shall adhere to the rules and regulations in place at the specific VA location.

5.3.3 The contractor shall remove, daily, all debris and scrap generated in the performance of work.

5.3.4 The contractor shall obtain all required licenses required to perform the required work.

5.3.5 The contractor shall comply with all local building and fire codes. Where cable and wire penetrate through fire/smoke partitions, firewalls, or floors the Contractor shall provide and install fire stopping material, type approved by VAMC Chief, Engineering. Which is 3M Fire barrier CP 25WB+Caulk and 3M Fire Barrier Moldable Putty+.

5.3.6 The contractor shall be responsible for the removal and replacement of ceiling tiles during any service or maintenance. The contractor shall be responsible for replacement and installation of any ceiling tiles they damage with a matching tile.

5.3.7 The contractor, to ensure the fire safety code of the facility(s), the following must take place.

When a cable pull is taking place in a corridor and the installer can’t see the other end of the installation. A second installer must be present under that open ceiling tile.

5.3.8 The contract shall not use gasoline, benzene, alcohol, naphtha, carbon tetrachloride, or turpentine for cleaning any part of the equipment. Flammable materials shall be kept in suitable places outside the building. OSHA safety standards and local VAMC safety standards shall prevail.

5.3.9 The contractor shall be responsible for all communication closet keys that are issued to accomplish the work. The telecommunication closets shall be secured at all times. The Data Center room access rules of behavior shall be signed by all those that have a must need for access to the rooms at our various locations.

5.3.10 Work timelines and an updated weekly schedule shall be communicated to the PM/COR for tracking purposes.

6. POSITION/TASK RISK DESIGNATION LEVEL(S)

In accordance with VA Handbook 0710, Personnel Security and Suitability Program, the position sensitivity and the level of background investigation commensurate with the required level of access for the following tasks within the PWS are:

Position Sensitivity and Background Investigation Requirements by Task

Task Number Tier1 / Low Risk Tier 2 / Moderate Risk Tier 4 / High Risk

5.1 5.2 5.3

The Tasks identified above, and the resulting Position Sensitivity and Background Investigation requirements identify, in effect, the Background Investigation requirements for contractor individuals, based upon the tasks the particular contractor individual shall be working. The submitted contractor staff roster must indicate the required Background Investigation Level for each contractor individual based upon the tasks the contractor individual shall be working, in accordance with their submitted proposal.

6.1 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Contractor Responsibilities: The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain the appropriate Background Investigation, and are able to read, write, speak, and understand the English language. Within 3 business days after award, the Contractor shall provide a roster of contractor and Subcontractor employees to the government PM/COR to begin their background investigations in accordance with the PAL template artifact. The contractor staff roster shall contain the contractor’s Full Name, Date of Birth, Place of Birth, individual background investigation level requirement (based upon Section 6.2 Tasks), etc. The contractor shall submit full Social Security Numbers either within the contractor Staff Roster or under separate cover to the government PM/COR. The contractor staff roster shall be updated and provided to VA within 1 day of any changes in employee status, training certification completion status, Background Investigation level status, additions/removal of employees, etc. throughout the Period of Performance. The contractor Staff Roster shall remain a historical document indicating all past information and the contractor shall indicate in the Comment field, employees no longer supporting this contract. The preferred method to send the contractor staff roster or Social Security Number is by encrypted e-mail. If unable to send encrypted e-mail, other methods which comply with FIPS 140-2 are to encrypt the file, use a secure fax, or use a traceable mail service.

The contractor should coordinate with the location of the nearest VA fingerprinting office through the government PM/COR. Only electronic fingerprints are authorized. The contractor shall bring their completed Security and Investigations Center (SIC) Fingerprint request form with them (see paragraph d.4.

below) when getting fingerprints taken.

The contractor shall ensure the following required forms are submitted to the government PM/COR within 5 days after contract award:

1) Optional Form 306

2) Self-Certification of Continuous Service

3) VA Form 0710

4) Completed SIC Fingerprint Request Form

The contractor personnel shall submit all required information related to their background investigations (completion of the investigation documents (SF85, SF85P, or SF 86) utilizing the Office of Personnel Management’s (OPM) Electronic Questionnaire for Investigations Processing (e-QIP) after receiving an email notification from the Security and Investigation Center (SIC).

The contractor employee shall certify and release the e-QIP document, print, and sign the signature pages, and send them encrypted to the government PM/COR for electronic submission to the SIC. These documents shall be submitted to the government PM/COR within 3 business days of receipt of the e-QIP notification email. (Note: OPM is moving towards a “click to sign” process. If click to sign is used, the Contractor employee should notify the government PM/COR within 3 business days those documents were signed via e-QIP).

The contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the contractor shall be responsible for all resources necessary to remedy the incident.

A contractor may be granted unescorted access to VA facilities and/or access to VA Information Technology resources (network and/or protected data) with a favorably adjudicated Special Agreement Check (SAC), completed training delineated in VA Handbook 6500.6 (Appendix C, Section 9), signed “Contractor Rules of Behavior”, and with a valid, operational PIV credential for PIV-only logical access to VA’s network.

A PIV card credential can be issued once your SAC has been favorably adjudicated and your background investigation has been scheduled by OPM. However, the contractor will be responsible for the actions of the contractor personnel they provide to perform work for VA. The investigative history for Contractor personnel working under this contract must be maintained in the database of OPM.

The contractor, when notified of an unfavorably adjudicated background investigation on a contractor employee as determined by the government, shall withdraw the employee from consideration in working under the contract.

Failure to comply with the contractor personnel security investigative requirements may result in loss of physical and/or logical access to VA facilities and systems by contractor and subcontractor employees and/or termination of the contract for default.

Identity Credential Holders must follow all HSPD-12 policies and procedures as well as use and protect their assigned identity credentials in accordance with VA policies and procedures, displaying their badges at all times, and returning the identity credentials upon termination of their relationship with VA.

Deliverable:

A. Vendor shall provide staff roster and point of contact information B. Channels listed on attachment A.

6.2 METHOD AND DISTRIBUTION OF DELIVERABLES

6.3 The contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include Microsoft 365, MS Word 2000/2003/2007/2010/2019, MS Excel 2000/2003/2007/2010/2019, MS PowerPoint 2000/2003/2007/2010/2019, MS Project 2000/2003/2007/2010/2019, MS Access 2000/2003/2007/2010, MS Visio 2000/2002/2003/2007/2010/2019, AutoCAD 2002/2004/2007/2010, and Adobe Postscript Data Format

(PDF).

6.4 PERFORMANCE METRICS

The table below defines the Performance Standards and Acceptable Levels of Performance associated with this effort.

Performance Objective Performance Standard Acceptable Levels of Performance

A. Technical / Quality of Product or Service

1. Demonstrates understanding of requirements

2. Efficient and effective in meeting requirements

3. Meets technical needs and mission requirements

4. Provides quality services/products

5. Incorporates “ease of use” Human

Centered Design principles in any software developed.

Satisfactory or higher

B. Project Milestones and Schedule

1. Established milestones and project dates are met

2. Products completed, reviewed, delivered in accordance with the established schedule

3. Notifies customer in advance of potential problems

Satisfactory or higher

C. Cost & Staffing

1. Currency of expertise and staffing levels appropriate to perform tasks required

2. Personnel possess necessary knowledge, skills, and abilities to perform tasks

Satisfactory or higher

D. Management

1. Integration and coordination of all activities to execute effort Satisfactory or higher

The government PM/COR will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the contractor is performing the services required by this PWS in an acceptable level of performance. The government reserves the right to alter or change the surveillance methods in the QASP at its own discretion A Performance Based Service Assessment will be used by the government PM/COR in accordance with the QASP to assess Contractor performance.

6.5 FACILITY/RESOURCE PROVISIONS

The government will provide storage space when authorized contract staff work at a government location as required in order to accomplish the tasks associated with this PWS. All procedural guides, reference materials, and program documentation for the project and other government applications will also be provided on an as-needed basis.

The contractor shall request other government documentation deemed pertinent to the work accomplishment directly from the government officials with whom the contractor has contact. The contractor shall consider the government PM/COR as the final source for needed government documentation when the contractor fails to secure the documents by other means. The contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the work.

7. GOVERNMENT FURNISHED PROPERTY – N/A

SHIPMENT OF HARDWARE OR EQUIPMENT – N/A

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 COTR.

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 COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COTR 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 COTR 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.