36C25026Q0285_1.docx

36C25025Q0517

GENERAL INFORMATION

SET-ASIDE

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Network Contracting Office 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337

POINT OF CONTACT*

Contracting Officer Morgan Stein Morgan.Stein@va.gov

PLACE OF PERFORMANCE

ADDRESS

Department of Veterans Affairs

Lieutenant Colonel Charles S. Kettles VA Medical C

2215 Fuller Road

Ann Arbor MI

ADDITIONAL INFORMATION

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

DESCRIPTION

Combined Synopsis/Solicitation Notice

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04.

This solicitation is set to full and open competition, and will be competed in accordance with FAR 12, Acquisition of Commercial Products and Commercial Services.

The associated North American Industrial Classification System (NAICS) code for this procurement is 721110 – Hotels (except Casino Hotels) and Motels, with a small business size standard of $ 40.0 Million Dollars. The FSC/PSC is V231 – Transportation/Travel/Relocation- Travel/Lodging/Recruitment: Lodging, Hotel/Motel.

The Network Contracting Office (NCO-10) is seeking to purchase Patient Lodging Services.

All interested companies shall provide quotations for the following:

Quantities are estimates only. Actual quantities will be based on scheduled accommodations.

Vendor shall invoice ONLY for actual services rendered. DO NOT perform other than those identified, unless the CO has issued a modification to the contract to add a CLIN for that specific action.

All Offerors shall fill out Price/Cost Schedule and submit with their quote response.

All questions SHALL be submitted no later than February 16, 2026, by 12:00 PM NOON via email to Morgan.Stein@va.gov. Phone queries will not be entertained. Any questions received after this deadline may not be answered.

36C25025Q0517 All quotes shall be sent to Morgan Stein Morgan.Stein@va.gov via email no later than February 23, 2026, at 4:30 PM.

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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:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250 Morgan Stein Department of Veterans Affairs Network Contracting Office 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409

2. PAYMENT INFORMATION: Payment shall be made through use of a Government Purchase Card.

3. CHANGES/MODIFICATIONS TO THE CONTRACT: The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this resultant contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, delivery or quality of performance of this resultant contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized by the local VAMC and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

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

5. System for Award Management: Federal Acquisition Regulation requires contractor registration in the System for Award Management (SAM) database prior to the award of a contract. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov/portal/public/SAM/.

B.2 PRICE/COST SCHEDULE

The Government intends to establish multiple Blanket Purchase Agreements (BPAs) under this solicitation. BPAs will be awarded to responsible offerors who:

1. Agree to all terms and conditions of the solicitation and Performance Work Statement (PWS).

2. Submit all required documentation as specified in the Instructions to Offerors.

3. Meet the technical, past performance, and pricing requirements outlined herein.

This solicitation is a standing solicitation from which the Government contemplates award of multiple BPAs for the supplies/services listed in the Schedule of Items Description. The solicitation will remain in effect unless replaced by an updated version. The anticipated ordering period for each BPA is five (5) years, unless terminated pursuant to applicable termination clauses.

ITEM INFORMATION

Year 1 - Patient Lodging Services for The Department of Veterans Affairs Ann Arbor Healthcare System (VAAAHS).

The contractor shall provide Patient Lodging services in accordance with the Performance Work Statement.

Quantities are estimates only. Actual quantities will be based on scheduled accommodations.

Contract Period: Ordering Period 1 POP Begin: 04-01-2026 POP End: 03-31-2027

Year 2 - Patient Lodging Services for The Department of Veterans Affairs Ann Arbor Healthcare System (VAAAHS).

The contractor shall provide Patient Lodging services in accordance with the Performance Work Statement.

Quantities are estimates only. Actual quantities will be based on scheduled accommodations.

Contract Period: Ordering Period 2 POP Begin: 04-01-2027 POP End: 03-31-2028

Year 3 - Patient Lodging Services for The Department of Veterans Affairs Ann Arbor Healthcare System (VAAAHS).

The contractor shall provide Patient Lodging services in accordance with the Performance Work Statement.

Quantities are estimates only. Actual quantities will be based on scheduled accommodations.

Contract Period: Ordering Period 3 POP Begin: 04-01-2028 POP End: 03-31-2029

Year 4 - Patient Lodging Services for The Department of Veterans Affairs Ann Arbor Healthcare System (VAAAHS).

The contractor shall provide Patient Lodging services in accordance with the Performance Work Statement.

Quantities are estimates only. Actual quantities will be based on scheduled accommodations.

Contract Period: Ordering Period 4 POP Begin: 04-01-2029 POP End: 03-31-2030

Year 5 - Patient Lodging Services for The Department of Veterans Affairs Ann Arbor Healthcare System (VAAAHS).

The contractor shall provide Patient Lodging services in accordance with the Performance Work Statement.

Quantities are estimates only. Actual quantities will be based on scheduled accommodations.

Contract Period: Ordering Period 5 POP Begin: 04-01-2030 POP End: 03-31-2031

B.3 Performance Work Statement

VAAAHS PATIENT LODGING

1. GENERAL INFORMATION

Title of Project: Patient Lodging Place of Performance: The Department of Veterans Affairs Ann Arbor Healthcare System (VAAAHS), 2215 Fuller Road, Ann Arbor, MI 48105.

Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this Performance Work Statement (PWS), to provide lodging for eligible Veterans and one caregiver/attendant who may have to travel long distances the day before or the day after a scheduled appointment. Any additional occupants are the responsibility of the Veteran and shall not lodge at VA expense. Only patients normally discharged to their home will be considered for lodging. The Ann Arbor VAMC will not guarantee utilization of lodging space at minimum or maximum, however, VAAHS will schedule overnight accommodations as the need presents.

Background: VAAAHS requires local accommodations for Veterans and one caregiver to reduce travel burden before or after medical appointments. The VA will schedule accommodations as needed; no minimum or maximum utilization is guaranteed.

2. ROOM RESERVATIONS

Services provided on weekends and Federal holidays as needed.

Flexible check-in/check-out procedures (24/7).

Occupancy only upon referral by authorized VAAAHS personnel.

Contractor shall verify identity of VA-referred occupants and maintain a roster with names and room assignments.

Room Commitment: The VA does not guarantee a minimum or maximum utilization of rooms; however, the contractor shall guarantee availability of three (3) rooms daily until 4:00 PM for VA use, including high-volume periods. Additional rooms shall be made available on an as-needed basis to accommodate last-minute requests.

Last-Minute Reservations: The contractor shall accommodate last-minute lodging requests whenever possible. The contractor shall maintain the ability to provide rooms beyond the reserved quantity if demand increases unexpectedly. Failure to provide rooms for urgent needs may be considered non-compliance.

Blackout Dates: Blackout dates are not acceptable unless they are disclosed at the time of quote submission and approved by the Contracting Officer (CO). Any approved blackout dates shall be incorporated into the contract. No additional blackout dates will be permitted after award without a bilateral modification.

Authorized personnel: Lodging Coordinator; Mon–Fri, 8 AM–4:00 PM (734-769-7100 extension 53417 or 734-845-3417) and Administrative Officer of the Day (AOD); after hours/weekends (734-769-7100, extension 55279). If the AOD does not answer, call the VA operator at 734-769-7100 and have the AOD paged.

3. ROOM & AMENITY REQUIREMENTS

Physical Location of Lodging: Shall be within 15 miles of VAAAHS (2215 Fuller Road, Ann Arbor, MI 48105) as determined by Map Quest.

Amenities: Individual sleeping/private rooms, two double beds or larger, private bath (sink, toilet, shower/bathtub), alarm clock, wake-up service, basic cable or satellite TV, telephone with local service, smoke-free environment, ADA-compliant rooms and elevator access. Complimentary (free) parking (standard and handicapped). Complimentary (free) shuttle service to and from VAAAHS (preferred).

Daily Services: Room and bathroom cleaning, bed making, linen change, fresh / clean towels, washcloths, bathmat, soap, facial tissue, toilet paper replenishment.

Compliance Requirements:

1. American with Disabilities Act

a. All property buildings and parking

2. Rooms shall comply with the applicable NFPA 101 Life Safety Code

3. Rooms shall comply with the applicable AA guidelines

4. Contractor shall comply with OSHA standards and share that information with those employees who clean bathrooms and surrounding areas in order that they may take proper precautions when cleaning.

5. Daily room maintenance shall comply with all Federal, State and local laws.

6. Fire-safe certification per Hotel and Motel Fire Safety Act of 1990

a. Pub. L. No. 101-391, September 25, 1990 as amended by Pub. L. No. 105-85, November 18, 1997

7. Each room shall be commercially available industry standard furnished 3-Diamond AAA or equivalent.

8. All property buildings shall comply with all city, county and state building codes and ordinances applicable to the ownership and operation of the building in which the rooms are located

9. The contractor shall be required to execute a Business Associate Agreement (BAA) (attached) to comply with this requirement.

4. GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS

a. Heating and Cooling Requirements shall be in compliance with ADA and/or State of Michigan Laws.

(1) All cooling and heating devices and appliances, including but not limited to, furnaces, fireplaces, electrical baseboard heaters and water heaters, shall be an approved type in good and safe working order, and shall meet all installation and safety codes.

(2) Contractor shall maintain all appliances and utility systems. This shall include the cleaning or replacement of air filters for both the heating system (providing the heating system is a forced hot air heating system) and the cooling system every 30 calendar days.

b. Electrical and Lighting Requirements shall be in compliance with ADA and/or State of Michigan Laws: All electrical equipment, wiring and appliances shall be of an approved type, in good and safe working order and shall meet all installation and safety codes.

c. Sanitation Requirements: All plumbing fixtures shall be trapped and vented and connected to an approved sanitary sewer. All sanitary facilities, equipment, structures and premises shall be of an approved type, in safe and sanitary condition and in good working order and meet all installation and safety codes.

d. Telephone Service Requirements:

(1) Contractor shall provide local area, touch tone, telephone service (no deposit required) for each room. The telephone service shall be capable of long distance telephone service when long distance calls are placed using a telephone calling card or other telephone charge method.

(2) Contractor shall provide one telephone in each room.

(3) Telephone service shall be equipped with voice messaging system or front desk message service.

e. Fire Safety:

(1) Buildings in which space is offered shall be evaluated in accordance with latest editions of the NFPA 101.LIFE SAFETY CODE and AMERICAN DISABILITIES ACT (ADA).

(2) Buildings in which space is offered shall be listed on the U.S. Fire Administration/Federal Emergency Management Agency Hotel/Motel Fire-Safe List.

(3) Equipment, services or utilities furnished, and activities of other occupants shall be free of safety, health, and fire hazards. When hazards are detected, the contractor shall promptly correct hazards.

(4) Maintenance of contractor-owned fire extinguishers shall be provided by the contractor in accordance with NFPA Standard No. 10.

(5) As required by code, smoke detectors/alarms shall be installed in each room, office, storage area, hallways and other common areas.

f. Wheelchair Accessibility: Common areas such as hallways shall provide for an accessible path of travel for wheelchairs.

g. Elevators: If elevators are part of the room complex, they shall conform to the latest requirements of the American Society of Manufacturing Engineers (ASME)/American National Standards Institute (ANSI) A17.1 Safety Code for Elevators and Escalators, except for elevator emergency recall and shall be inspected and maintained in accordance with ASME/ANSI A17.2 Guide for Inspection of Elevators, Escalators, and Moving Walks Includes Inspection Procedures for Electric Traction and Winding Drum Elevators, Hydraulic Elevators, and Escalators and Moving Walks, or equivalent local code. The elevators shall also comply with all local codes and ordinances.

h. Miscellaneous: No activity to the building and/or grounds that would cause an increase in dust, dirt or spores to be airborne (i.e., renovation to the building, movement or earth on the grounds) shall take place without the Contractor’s written notification to the VA at least seven (7) calendar days in advance of the event.

i. Inspection: The Government reserves the right, at any time before and after contract award and during the term of the contract, to inspect the rooms and all other areas of the contractor facility as necessary to ensure safe and healthy environment for the VA-referred occupants.

5. PATIENT REFUSAL TO LEAVE PREMISES

The authorized dates and length of stay will be documented on the voucher issued by the authorized personnel and presented to the Contactor by the VA-referred occupant. In the event that a VA-referred occupant refuses to leave the room, the Contractor shall immediately notify authorized personnel. Also, in the event that the VA-referred occupant checks out of the hotel/lodging without prior notice from the VA, the Contractor shall immediately notify authorized personnel at the VA.

6. PATIENT EMERGENCIES

In the event a VA-referred occupant is in an emergency situation of any kind, the Contractor shall contact the 911 emergency medical services to respond to the emergency. Once the emergency has ended, the Contractor shall notify the authorized personnel at the VA of the situation.

7. SERVICE ANIMALS (ADA TITLE III COMPLIANCE)

The Contractor (place of lodging) shall modify policies, practices, or procedures as necessary to permit service animals to accompany individuals with disabilities in all areas where the public is allowed. Under Title III of the ADA, a service animal is a dog individually trained to do work or perform tasks directly related to the handler’s disability; emotional support animals are not service animals. Staff may ask only two questions when the animal’s function is not obvious: (1) “Is the dog a service animal required because of a disability?” and (2) “What work or task has the dog been trained to perform?” Staff shall not request documentation, certification, or inquire about the person’s disability. The animal must be under the handler’s control; the facility may request removal if the animal is out of control and the handler does not take effective action or if the animal is not housebroken. No fees may be charged for service animals, and breed/size restrictions shall not apply. The Contractor shall train front‑line staff on these requirements and maintain written procedures compliant with 28 CFR 36.302(c) and DOJ guidance. Miniature horses may qualify as a reasonable modification; the facility shall assess requests per DOJ factors (type, size, weight, handler control, and facility safety) and accommodate when reasonable.

8. PERFORMANCE

Failure to meet KPIs described in the Quality Assurance Plan (QASP) may result in service credits, withholding of payment, or termination for cause. Sustained over-performance may be recognized through positive past performance ratings or optional incentives.

8. CONTRACTOR RESPONSIBILITIES

Provide all utilities (electricity, heat / air conditioning, water, sewer, local phone (no deposit required), and basic television cable service).

Maintain appliances and utility systems in safe working order.

Ensure compliance with all building codes and safety standards.

Maintain fire extinguishers and smoke detectors per NFPA standards.

9. CONTRACTOR PERSONNEL REQUIREMENTS

Contractor shall ensure all personnel undergo background checks and complete VA-provided records management and ADA service animal compliance training.

The Government will not dictate specific experience or education requirements for contractor employees initially proposed to perform the work stated herein.

All contractor employees are subject to immediate removal from performance under this contract if they are involved in a violation of law, VA security or confidentiality requirements, or other disciplinary reasons.

The contractor shall ensure that all personnel comply with VA privacy/confidentiality and security standards and complete any mandatory training required by VA policy.

10. INVOICING

The Contractor shall submit an invoice to the VA for payment for all rooms covered by this contract each month for the previous month. The invoice shall be for the actual number of days in the previous month. All invoicing shall be completed through Tungsten only.

11. RECORDS MANAGEMENT

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. VA Ann Arbor Healthcare Systems and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VA Ann Arbor Healthcare Systems or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

e. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VA Ann Arbor Healthcare Systems. The agency must report promptly to NARA in accordance with 36 CFR 1230.

f. Training: All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

12. OWNERSHIP OF DELIVERABLES AND DATA RIGHTS

All preliminary and final deliverables, associated working papers, application source code, and other materials generated by the contractor in performance of this contract are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the contract. VAAAHS owns the rights to all data and records produced as part of this contract and shall have unlimited rights to use, dispose of, or disclose such data as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

13. RESTRICTIONS ON DISCLOSURE AND PUBLICITY

The Contracting Officer (CO) is the sole authority to release any data, draft deliverables, final deliverables, or other materials. Contractors shall not release information, issue press releases, or publish marketing materials without written CO approval. Requests for information shall be referred to the CO. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA Ann Arbor Healthcare Systems guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. Contractors (or sub-contractors) shall not retain, use, sell, or disseminate copies of any deliverable containing Privacy Act of 1974 or FOIA-protected information.

14. INFORMATION SECURITY AND HANDLING REQUIREMENTS

Contractor shall immediately notify the CO of any inadvertent or unauthorized disclosures. Disclosure of non-public information is limited to authorized personnel with a need-to-know. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VA Ann Arbor Healthcare Systems control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance applicable laws and policies. specifically tied to or authorized by the contract and in accordance with VA Ann Arbor Healthcare Systems policy. The Contractor shall not create or maintain any records containing any non-public VA Ann Arbor Healthcare Systems information that are not specifically tied to or authorized by the contract.

15. CHANGES TO THE PERFORMANCE WORK STATEMENT

Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

16. RECORDS & REPORTING DELIVERABLES

Contractor shall submit a Monthly KPI Report covering those listed requirements in “Schedule of Deliverables” and Quality Assurance Surveillance Plan (QASP) contained herein of this PWS.

If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

Schedule of Deliverables:

17. DEFINITIONS

Last-Minute Request: A reservation request made less than 24 hours of required check-in.

Blackout Date: A date on which lodging is unavailable, disclosed at quote submission and approved by CO.

ADA-Compliant Room: A room meeting accessibility standards under ADA Title III, including accessible path of travel and bathroom features.

This PWS is developed in accordance with FAR Subpart 37.6, Performance-Based Acquisition.

(End of Performance Work Statement)

B.4 Quality Assurance Surveillance Plan (QASP)

1. Purpose

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the Blanket Purchase Agreement (BPA). The QASP does not detail how the Contractor accomplishes the work or monitors the quality of its work. Rather, the QASP is created with the premise that the Contractor is responsible for management and quality control actions to meet the terms of the BPA. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the Contractor. Copies of the original QASP and revisions shall be provided to the Contractor and Government officials implementing surveillance activities.

2. Government Roles and Responsibilities

The following personnel shall oversee and coordinate surveillance activities in accordance with the QASP.

1. a. Contracting Officer (CO) – The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the BPA terms and shall safeguard the interests of the United States in the agreement relationship. The CO shall also assure that the Contractor receives impartial, fair, and equitable treatment under this BPA. The CO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

1. b. Contracting Officer’s Representative (COR) – The COR is responsible for technical administration of the BPA and shall assure proper Government surveillance of the Contractor’s performance. The COR shall maintain a quality assurance file. The COR is not empowered to make any commitments or to authorize any changes on the Government’s behalf. Any changes that the Contractor deems may affect contract price, terms or conditions shall be referred to the CO for action.

3. Performance Standards

All deliverables shall meet the following QASP performance standards to the acceptable quality level. The Government shall perform surveillance to determine if the Contractor meets or does not meet these standards.

4. Performance Objectives, Standards, AQLs & Surveillance Methods

This QASP is developed in accordance with FAR Subpart 37.6, Performance-Based Acquisition.

(End of Quality Assurance Surveillance Plan)

B.5 VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY LANGUAGE FOR INCLUSION IN CONTRACTS

1. GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

2. VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor 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 medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA.The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM).

d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.

(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

4. TRAINING. This entire section applies to all acquisitions which include section 3.

a. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems:

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

(2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role-based information security training].

b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

5. SECURITY INCIDENT INVESTIGATION. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following:

(1) The date and time (or approximation of) the Security Incident occurred.

(2) The names of individuals involved (when applicable).

(3) The physical and logical (if applicable) location of the incident.

(4) Why the Security Incident took place (i.e., catalyst for the failure).

(5) The amount of data belonging to VA believed to have been compromised.

(6) The remediation measures the contractor is taking to ensure no future incidents of a similar nature.

c. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination.

d. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.

e. 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…