36C25625Q1135_1.docx

36C25625Q1135

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

XX

36C25625Q1135 12-02-2025 Aminisha Daniel, Contract Specialist 504-507-2024 12-17-2025

3PM

CST

36C256 Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street New Orleans

LA

70112 X X 621511 $41.5 Million N/A X 36C667 Department of Veterans Affairs Overton Brooks VA Medical Center 510 E. Stoner Avenue Shreveport

LA

71101 36C256 Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street New Orleans

LA

70112

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135 See CONTINUATION Page Contractor to provide Diagnostic Medical Physicist Services for radiation oncology at the Overton Brooks VA Medical Center (OBVAMC), Shreveport, LA, per the terms and conditions stated herein.

Period of Performance January 1, 2026 to December 31, 2030 with five (5) twelve-month Ordering Periods.

Refer to Section B.2 Schedule of Services (PRICE) page X Refer to Section B.3 Statement of Work (SOW) page XX.

This is a 100% set-aside for SDVOSBs.

See CONTINUATION Page Paid via Task Orders X X X 1(one) Thomas Kovarovic, Contracting Officer

VA-VHA-RPOC-2024-0041

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Contact Person:

Title:

Phone #: E-Mail: Tax ID No.: SAM UEI:

b. GOVERNMENT: Contracting Officer 36C256 Thomas Kovarovic Department of Veterans Affairs Southeast Louisiana Veterans HCS 1515 Poydras Street

New Orleans LA 70112

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Statement of Work Medical Physicist Services Overton Brooks VA Medical Center I. Description of Services.

1. Scope of Work. The Contractor shall provide all personnel, transportation, equipment (including the ACR phantoms necessary for quality assurance testing) and software to provide diagnostic medical physicist services in support of Overton Brooks VA Medical Center (OBVAMC) by performing the following tasks:

· Task 1: Review of OBVAMC overall technical quality assurance program for diagnostic x-ray and imaging equipment; [NHPP]

· Task 2: Annual quality assurance testing of all diagnostic x-ray and imaging equipment. See Attachments A for list of equipment; [TJC, NHPP]

· Task 3: Required physics testing of diagnostic x-ray and imaging equipment following repairs that could affect patient dosimetry and/or image quality, as needed; [TJC, NHPP]

· Task 4: Complete structural shielding design plans for the installation of new diagnostic x-ray equipment at OBVAMC. This task is to be completed on an as-needed basis in cases where the structural shielding design plan is not addressed by OBVAMC Engineering Service. [TJC, NHPP]

· Task 5: Complete radiation protection surveys to verify the adequacy of installed shielding for new and/or refurbished rooms or replacement of equipment; [TJC, NHPP]

· Task 6: Initial installation quality assurance testing of all new diagnostic x-ray and imaging equipment on an as needed basis; [NHPP]

· Task 7: Support the OBVAMC Radiation Safety Office by attending the appropriate OBVAMC committee meetings (i.e., Radiation Safety Committee, Image Quality Committee, MRI Safety Committee) on a quarterly or as needed basis. A Magnetic Resonance Safety Expert (MRSE) shall be used as a resource as needed. The OBVAMC Radiation Safety Office expects the diagnostic medical physicist to be available or prepare a report for these meetings. [TJC]

· Task 8: Support the OBVAMC Radiation Safety Office by reviewing staff dosimetry monitoring results and Nuclear Medicine records kept as required by Nuclear Regulatory Commission. [TJC, NRC]

· Task 9: Written reports signed by the diagnostic medical physicist documenting the shielding design calculations and acceptance testing of the structural shielding. Written reports signed by the diagnostic medical physicist documenting the quality assurance testing, including a summary of methods, instruments used, measurements and deficiencies identified, for all diagnostic x-ray and imaging equipment. Each written report will identify the x-ray and/or imaging equipment using the following information at a minimum: OBVAMC EE or MX number and the equipment’s location (OBVAMC facility, CBOC, building, and room number). The Contractor shall provide the physicist report to the RSO within thirty days of completion of the work. The report may be in electronic format. [TJC, NHPP]

· Task 10: Deficiencies or non-conformances which represent unsafe conditions shall be reported to the RSO immediately. Verbal reports must be provided after testing so that OBVAMC will know that equipment can be immediately put into use.

The diagnostic medical physics services will include all x-ray and imaging equipment at OBVAMC. All quality assurance testing reports, shielding designs, and radiation protection surveys shall be submitted to the OBVAMC Radiation Safety Office for review and approval subsequent to the completion of all testing, calibration and surveys of the equipment, facilities and procedures. The reports shall identify all items of noncompliance and include general and specific recommendations for correcting any items of noncompliance. “All records (administrative and program specific) created during the period of the contract belong to Overton Brooks VA Medical Center and must be returned to OBVAMC at the end of the contract or destroyed in accordance to the VHA Record Control Schedule (RCS)10-1.”

1.1. Quality Assurance Testing

1.1.1. All Quality Assurance Tests shall meet or exceed NRC, ACR, NCRP, FDA and TJC requirements and recommendations. All Quality Assurance Tests shall meet or exceed the requirements in the following VHA directives and handbooks:

· VHA Directive 1105.01, Management of Radioactive Materials

· VHA Handbook 1105.02, Nuclear Medicine and Radiation Safety Service

· VHA Handbook 1105.03, Mammography Program Standards

· VHA Handbook 1105.04, Fluoroscopy Safety

· VHA Handbook 1105.05, MRI Safety

· VHA Directive 1129, Radiation Protection for Machine Sources of Ionizing Radiation

1.1.2. Diagnostic X-ray Equipment (Radiography and Fluoroscopy) The testing must include, but is not necessarily limited to, the following (as applicable):

Per VHA Handbook 1105.04, Fluoroscopy Safety:

· Measurement of radiation output parameters, including beam intensity and beam quality;

· Testing of all modes of operation used clinically, including automatic exposure rate controls of fluoroscopy systems;

· Assessment of image quality;

· Assessment of technique factors used clinically;

· Measurement of appropriate indices of patient dose or dose rates at typical clinical technique factors, with comparison to national standards;

Per the American College of Radiology Technical Standard for Diagnostic Medical Physics Performance Monitoring of Radiologic and Fluoroscopic Equipment:

· Integrity of unit assembly

· Collimation and radiation beam alignment

· Fluoroscopic system resolution

· Automatic exposure control system performance

· Fluoroscopic automatic brightness control performance (high-dose-rate, pulsed modes, field-of-view [FOV] variation)

· Image artifacts

· Fluoroscopic phantom image quality

· kVp accuracy and reproducibility

· Linearity of exposure versus mA or mAs

· Exposure reproducibility

· Timer accuracy

· Beam quality assessment (half-value layer)

· Fluoroscopic entrance exposure rates

· Image receptor entrance exposure

· Equipment radiation safety functions

· Patient dose monitoring system calibration

· Video and digital monitor performance

· Digital image receptor performance If the review of clinically-used technique factors or the comparison of measured dose indices with national standards indicates that an optimum balance has not been achieved between patient dose and image quality or that the dose indices exceed national standards, the technique factors, whether posted in a chart or programmed into the fluoroscope, must be modified as necessary. [VHA Handbook 1105.04] Appropriate indices of patient dose, measured by a diagnostic medical physicist at clinically-used technique factors, must be posted near the controls of each fluoroscope. These indices include typical and maximal entrance skin dose or air kerma rate for each fluoroscopic mode of operation (e.g., pulse rate and magnification mode). For each image recording mode used clinically, these include the entrance skin dose or air kerma per image or the entrance skin dose or air kerma per second of imaging (e.g., cinefluorography in the cardiac catheterization laboratory) for a patient of typical thickness. [VHA Handbook 1105.04]

1.1.3. Computed Tomography

The testing must include, but is not necessarily limited to, the following (as applicable):

Per the American College of Radiology Technical Standard for Diagnostic Medical Physics Performance Monitoring of Computed Tomography (CT) Equipment:

· Alignment light accuracy

· Image localization from scanned projection radiograph (localization image)

· Table incrementation accuracy

· Radiation beam width (collimation)

· Reconstructed image thickness

· Image quality

· High-contrast (spatial) resolution

· Low-contrast sensitivity and resolution

· Image uniformity

· Noise

· Artifact evaluation

· CT number accuracy

· Acquisition workstation display

· Dosimetry

· Radiation output of CT scanner (CT dose index [CTDIvol] or equivalent)

· Patient radiation dose estimate for representative examinations

· Limited protocol review

· The Diagnostic Medical Physicist must review a selection of the most commonly used protocols. These should include head and abdomen protocols for adult and pediatric patients as applicable to the facility’s practice. In addition, facility protocols for very high dose procedures (e.g., brain perfusion) should be reviewed.

· Elements reviewed should include documentation of kVp, mA, rotation time, detector configuration, pitch, reconstructed image thickness, and use of automatic exposure control (including ensuring documentation of reference settings used), and the indicated dose indices (CTDIvol) resulting from each examination

· Safety Evaluation

· Visual inspection

· Work load assessment

· Scatter and stray radiation measurements (if work load and other related parameters have changed since acceptance testing)

· Audible/visual signals

· Posting requirements

· Other tests as required by state or local regulations Per the TJC Revised Requirements for Diagnostic Imaging Services:

· Image uniformity

· Slice thickness accuracy

· Slice position accuracy (when prescribed from a scout image)

· Alignment light accuracy

· Table travel accuracy

· Radiation beam width

· High-contrast resolution

· Low-contrast resolution

· Geometric or distance accuracy

· CT number accuracy and uniformity

· Artifact evaluation

· Dosimetry

· The diagnostic medical physicist measures the radiation dose (in the form of volume computed tomography dose index [CTDIvol]) produced by each diagnostic CT imaging system for the following four CT protocols: adult brain, adult abdomen, pediatric brain and pediatric abdomen. If one or more of these protocols is not used by the hospital, other commonly used CT protocols may be substituted.

· The diagnostic medical physicist verifies that the radiation dose (in the form of CTDIvol) displayed by the CT imaging system for each tested protocol is within 20 percent of the CTDIvol displayed on the CT console. The dates, results, and verifications of these measurements are documented.

· Image acquisition display monitors

· Maximum luminance

· Minimum luminance

· Luminance uniformity

· Resolution

· Spatial accuracy

1.1.4. PET and Nuclear Medicine

The physics inspection shall conform to the ACR PET Phantom Instructions for Evaluation of PET Image, ACR Nuclear Medicine Accreditation Program PET Module. The performance of each PET scanner shall be evaluated at least quarterly. For PET/CT units the CT must be inspected at least annually per above. This evaluation should include, but not be limited to, the following tests (as applicable).

· Image uniformity/system uniformity.

· High-contrast resolution/system spatial resolution.

· Low-contrast resolution or detectability

· Artifact evaluation

· SUV analysis The physics inspection shall conform to the ACR annual performance tests for nuclear medicine cameras. The qualified diagnostic medical physics shall also perform the quarterly testing as outlined by the ACR. The performance of each nuclear medicine scanner shall be at least annually. This evaluation should include, but not be limited to, the following tests (as applicable).

· Intrinsic Uniformity: fail criteria: > 5.0%

· System Uniformity: fail criteria: > 5.0%

· Intrinsic or System Spatial Resolution: fail criteria: > 3.5 mm bars

· Relative Sensitivity: fail criteria: COV > 2.5%

· Energy Resolution: fail criteria: > 12%

· Count Rate Parameters: fail criteria

· Artifact evaluation

· Formatter/Video Display

· Overall System Performance for SPECT

· System Interlocks

· Dose Calibrators (Geometry, if applicable, Accuracy)

· Well Counters

· Thyroid Uptake and Counting System

1.1.4. Mammography

All medical physicists, VHA or contracted, conducting mammography equipment evaluations and annual surveys must meet FDA MQSA required initial and continuing qualification requirements.

The physics inspection shall conform to the ACR annual performance tests for digital mammography equipment. The evaluation should include, but not be limited to, the following tests (as applicable).

· Unit assembly evaluation

· Beam alignment and collimation

· High-contrast spatial resolution

· Tube potential (kVp) accuracy and reproducibility

· Beam quality (HVL) verification

· Radiation exposure reproducibility

· Breast entrance exposure and average glandular dose

· Automatic exposure control (AEC) performance

· Image quality evaluation

· Artifact evaluation

· Screen-film, computed radiography, and digital radiography detectors

· Stereotactic breast biopsy systems (including phantom biopsy procedure)

Additionally, physicists shall evaluate the need for increase of ambient lighting in mammography reading rooms in accordance with ACR recommendation.

1.2. Structural Shielding

1.2.1. For any room in which a fluoroscopic imaging system is installed, or in which a mobile fluoroscopic imaging system is frequently used, the doses to persons in adjacent areas, including any areas above and below, must be evaluated by a diagnostic medical physicist or medical health physicist. Structural shielding must be installed as necessary to maintain doses to persons in these areas ALARA and within regulatory limits. [VHA Handbook 1105.04]

1.2.2. For the structural shielding of rooms containing x-ray imaging devices, the shielding design goal must be 5 milligray (mGy) in a year to any person in a controlled area. For uncontrolled areas, the shielding design goal needs to be 1 mGy in a year to any person, and 0.02 mGy in any hour. [VHA Handbook 1105.04]

1.2.3. The design of shielding for and acceptance testing surveys of imaging rooms must conform to National Council on Radiation Protection and Measurements (NCRP) Report No. 147, Structural Shielding Design for Medical X-ray Imaging Facilities. The shielding design calculations, as-built shielding plans, and the report on the acceptance testing of the structural shielding must be kept for the duration of use of the room for x-ray imaging. [VHA Handbook 1105.04]

2.1. Qualifications.

2.1.1. Prior to commencing work, all contractor employees shall meet certain criteria to perform work under this contract as a Diagnostic Medical Physicist. Qualification documents must be submitted as part of the bid to the Contracting Officer and be approved by the RSO or his/her designee. All qualifications are subject to review by the OBVAMC Chief of Staff and approval by the OBVAMC Facility Director. OBVAMC requires a copy of qualifications documents for each individual who will perform work at OBVAMC facility, and OBVAMC must give approval that the individual meets the qualifications before OBVAMC will allow that individual to perform work on x-ray and imaging equipment at OBVAMC.

2.1.2. The Diagnostic Medical Physicist who performs the work at OBVAMC shall meet the following education, certification, and qualification standards:

· Hold a Masters Degree or higher in Medical Physics, Health Physics or a related field.

· Hold current Board Certification by the American Board of Radiology (ABR) or American Board of Medical Physics (ABMP). Appropriate subfield is Diagnostic Medical Physics for ABR certification and Diagnostic Imaging Physics for ABMP certification.

· MRSE shall be certified through the American Board of Magnetic Resonance Safety (ABMRS)

· Meet all NRC, ACR, FDA and TJC requirements for a qualified diagnostic medical physicist

2.1.3. The Diagnostic Medical Physicist shall have current knowledge, understanding, and recent experience in the following:

· Principles of imaging physics and of radiation protection,

· All current NRC regulations,

· All current FDA regulations,

· Current standards of the ACR and TJC on diagnostic x-ray and imaging equipment,

· Current recommendations of the NCRP and AAMP, including those on medical imaging facility design and shielding,

· The function, clinical uses, and performance specifications of the imaging equipment,

· Current techniques for the calibration and testing of diagnostic x-ray and imaging equipment, including the limitations of the instruments used for testing performance

2.1.4. Contractor employees providing services under the supervision of a Diagnostic Medical Physicist is NOT acceptable (e.g., X-ray technologist) and is NOT permitted per VA contract. A physicist in training or a physicist under a temporary license shall be accompanied by and directly supervised by a Diagnostic Medical Physicist meeting the qualifications stated in Section 2.1.2.

2.2. Required Response Time.

Patient access to health care services at OBVAMC facilities is an absolute high priority. OBVAMC requires the contractor to respond and be present at the OBVAMC facility within 2 business days to provide services for those tasks that have the potential to negatively impact patient access to health care services. These tasks include, but are not limited to, the physics/quality assurance testing of diagnostic x-ray and imaging equipment following repairs that could affect patient dosimetry and/or image quality, the recertification of mammography equipment when required, the initial installation quality assurance testing, and the radiation protection surveys. If the contractor cannot or fails to meet the required response time, then OBVAMC reserves the right to seek medical physics services from other vendors not covered under this contract.

2.3. Subcontracting.

All subcontracting plans shall be submitted as part of the proposal. The contractor shall ensure that the subcontractor meets all the requirements specified in this Statement of Work and all other applicable federal/state regulations and requirements.

2.4. Travel Expenses.

The contractor shall be responsible for travel expenses for all services performed under this contract.

II. Contractor Personnel Security Requirements - Information Systems Access

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.

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 the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

f. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.

g. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.

h. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—Reimbursement for Data Breach Costs.

REFERENCE (S):

1. VA Affairs Handbook 6500, Risk Management Framework for VA Information Systems – Tier 3: VA Information Security Program, 10 Mar 2015.

2. Veterans Health Administration Procurement Manual (VHA PM) – 11/3/2014.

3. VA Handbook 1901.01, Health Information Management and Health Records – 19 Mar 15.

4. VHA Handbook 1605.5, Business Associate Agreements – 22 July 2014

5. Privacy Act of 1974 (5 U.S.C. 552a).

Information Security The diagnostic medical physicist working with the contractor may have access to sensitive patient information displayed on the control panel of X-ray equipment. However, contractor owned IT devices (such as laptop computer) shall not interface with any VA internet trusted (i.e., non-public) network. Therefore, the certification and accreditation (C&A) requirements do not apply, and a Security Accreditation Package is not required. Contractor shall not print or copy any sensitive patient information.

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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…