36C25626Q0682.docx

SUBJECT*

Alx-Provide Urgent/Emergent Prescription Services

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056-5643

POINT OF CONTACT*

Douglas, Le Kisha Contracting Officer LeKisha.Douglas@va.gov 713-794-7421

PLACE OF PERFORMANCE

and supported CBOCs

71360

POSTAL CODE

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

1. Title: Urgent and Emergent Medications Services, Base + 4 Option Years, Alex, LA VAMC

2. Purpose: The Network Contracting Office (NCO) 16 located at 5075 Westheimer Road, Galleria Financial Center, Suite 750, Houston, Texas, hereby issues the following Sources Sought to Request Information (RFI) with the intent of determining the contractor interest, capabilities, qualifications of potential businesses, nonmanufacturer rule compliance, Buy American Act compliance, Trade Agreement compliance and estimated industry pricing information for market research and estimated budgetary purpose for Urgent and Emergent Medications Services for the Department of Veterans Affairs Medical Centers (VAMC) in Alexandria, LA. (Pharmaceutical Services Department).

This contractor shall ensure to be an external vendor with the capability to dispense prescription medications for patients served by the medical center and the below listed Community Based Outpatient Clinics (CBOCs) during urgent and emergent situations where AVAHCS and/or its CBOCs and internal pharmacies may be unavailable due to natural or manmade disasters as well as first-fill pharmacy services for patients with an urgent or emergency need for medication Government requests that interested offerors complete all questions below, provide required documentation, descriptive literature and authorization letter as described below. The Government is in no way obligated to do business with or enter into any form of contract with any person, firm or other entity that receives or responds to this announcement.

3. Objective: To find qualified and certified contractors with the capability to provide the following:

a. The Alexandria Veterans Healthcare System (AVHCS), 2495 Shreveport Highway 71 North, Pineville, LA 71360, requires an external vendor with the capability to dispense prescription medications for patients served by the medical center and the below listed Community Based Outpatient Clinics (CBOCs) during urgent and emergent situations where AVAHCS and/or its CBOCs and internal pharmacies may be unavailable due to natural or manmade disasters as well as first-fill pharmacy services for patients with an urgent or emergency need for medication (as prescribed in the included draft of the Statement of Work).

4. Place of Performance:

Locations: The site of the pharmacy must be within the Continental United States.

The following is a list of locations: Alexandria VAHCS 2495 Shreveport Highway 71 North Pineville, LA 71360 Lake Charles CBOC 3601 Gerstner Memorial Drive, HWY 14 Lake Charles, LA 70607

Jennings Clinic 1907 Johnson Street, Jennings, LA 70546 Fort Polk CBOC 3353 University Parkway Leesville, LA 71446

Lafayette CBOC Campus A 3149 Ambassador Caffery Parkway Lafayette, LA 70501 Natchitoches CBOC 740 Keyser Avenue Natchitoches, LA 71457

Lafayette CBOC Campus B 309 Julien Avenue Lafayette, LA 70506

5. Responses Requested: NCO 16 requires all the following information and questions answered in this RFI/SS:

Questions and information that is not provided shall be considered nonresponsive to the Request for Information and contractor shall not be considered as part of the market research.

a. Contractors shall provide their point(s) of contact name, address, telephone number, and email address, and the company's business size, and SAM Unique Entity Identification Number.

b. Is your company a small business, SDBs, HUBZone, or 8A concern? Please provide proof of qualifications.

c. Does your company meet all required four prong factors for the Nonmanufacturer Rule (NMR) per guidance of SBA and 13 C.F.R. § 121.406 Offer must answer all questions below.

1. Does your company exceed size standard for $38M?

2. Is your company primarily engaged in the retail or wholesale trade and normally sells the type of products being supplied? __________

3. Does your company must take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice? __________

4. Does your company supply the end products of a small business manufacturer or processor made in the United States? _____________

d. Is your company considered small under the NAICS code 456110.

e. Do you (offer) manufacture the product yourself or a distributor of the items being researched above?

f. Are you an authorized distributor/reseller? Provide evidence from original equipment manufacturer (OEM).

g. Do you (offer) supply a product manufactured by another domestic small business, if it is a nonmanufacturer?

h. Do you (offer) supply the product of any sized manufacturer if SBA has granted a waiver to the nonmanufacturer rule?

i. Is your (offer) Buy American Certificate completed in SAM? Please provide evidence with response.

j. Is your (offer) Trade Agreement Certificate completed in SAM? Please provide evidence with response.

k. Information for the name brand or equal product being requested, is it manufactured outside the US-Domestic non-available?

l. Information for the name brand or equal product being requested, is it a foreign manufactured end product under the trade agreement?

m. What is your schedule of delivery after receipt of order for the name brand or equal product?

n. For the name brand or equal product required, Is your company available under any;

Government Wide Agency Contract (GWAC) General Services Administration Schedules (GSA) Indefinite Delivery Indefinite Quantity (IDIQ) Blanket Purchase Agreement (BPA) If so, please list the contract number for name brand or equal product.

o. Provide descriptive literature demonstrating ability to meet all of the requirement/salient characteristics listed if other than brand name product is being offered. Please provide list of contracts for commercial, federal, state, and local governments. Listed contracts shall provide communication on the government requirement illustrating the capability for comparison. to the name brand or equal product meeting the specific requirements per the draft Statement of Work.

p. Contractors shall provide estimated industry pricing for brand name or equal product for market research and budgetary purposes.

6. Opportunity: NCO 16, is seeking information from potential contractors on their ability to provide this service. THIS IS A SOURCES SOUGHT FOR REQUEST INFORMATION (RFI) ONLY. Small Business Concerns are encouraged to provide responses to this Sources Sought to assist the MEDVAMC in determining potential levels of competition available in the industry. Contractors shall possess the capability to provide all requirements and objectives.

7. Instructions and Response Guidelines: Sources Sought responses are due by May 1, 2026 at 1630 (CST) via email to LeKisha.Douglas@va.gov .

All Questions shall be submitted by April 27, 2026 at 1200 (CST) via email to LeKisha.Douglas@va.gov.

Telephone requests or inquiries will not be accepted.

Public Information will not be provided and shall be utilized to the full extent possible.

This is a New Requirement.

The subject line shall read: 36C25626Q0682 -RFI-Sources Sought- The Contractor shall provide Urgent and Emergent Medications Services for the Department of Veterans Affairs Medical Centers (VAMC) in Alexandria, LA. NO SOLICITATION EXISTS AT THIS TIME. There is no page limitation on subparagraphs 5(a) - 5(o).

Please provide the information you deem relevant to respond to the specific inquiries of the Sources Sought. Information provided will be used solely by MEDVAMC as "market research" and will not be released outside of the NCO 16 Purchasing and Contracting Team. This Sources Sought notice does not constitute a Request for Proposal (RFP), Invitation for Bid (IFB), or Request for Quotation (RFQ), and it is not to be construed as a commitment by the Government to enter into a contract, nor will the Government pay for the information submitted in response to this request. All information contained in this Sources Sought is preliminary as well as subject to modification and is in no way binding on the Government.

In accordance with FAR 15.201(e), responses to this notice are not offers and cannot be accepted by the U.S. Government to form a binding contract. If a solicitation is released, it will be synopsized on Contracting Opportunities (https://beta.sam.gov/) website or GSA. It is the responsibility of the interested parties to monitor these sites for additional information pertaining to this Sources Sought, or future RFP/RFQ.

8. Contact Information:

Contracting Officer, Le Kisha Douglas, MPA Email address: LeKisha.Douglas@va.gov

Your responses to this notice are appreciated.

THIS NOTICE IS NOT A REQUEST FOR COMPETITIVE QUOTES/PROPOSALS; however, any firm that believes it can meet the requirements may provide answers, responses and give written notification prior to the response due date and time. Supporting evidence and responses will be utilized for market research purposes only, to include any submitted pricing.

Sources Sought Notice Sources Sought Notice

Sources Sought Notice

ALEXANDRIA VETERANS AFFAIRS HEALTHCARE SYSTEM (AVAHCS)

2495 SHREVEPORT HIGHWAY 71 NORTH

PINEVILLE, LA 71360

Urgent and Emergent Medications

SCOPE OF WORK: The Alexandria Veterans Healthcare System (AVHCS), 2495 Shreveport Highway 71 North, Pineville, LA 71360, requires an external vendor with the capability to dispense prescription medications for patients served by the medical center and the below listed Community Based Outpatient Clinics (CBOCs) during urgent and emergent situations where AVAHCS and/or its CBOCs and internal pharmacies may be unavailable due to natural or manmade disasters as well as first-fill pharmacy services for patients with an urgent or emergency need for medication

Locations: The site of the pharmacy must be within the Continental United States.

The following is a list of locations: Alexandria VAHCS 2495 Shreveport Highway 71 North Pineville, LA 71360 Lake Charles CBOC 3601 Gerstner Memorial Drive, HWY 14 Lake Charles, LA 70607

Jennings Clinic 1907 Johnson Street, Jennings, LA 70546 Fort Polk CBOC 3353 University Parkway Leesville, LA 71446

Lafayette CBOC Campus A 3149 Ambassador Caffery Parkway Lafayette, LA 70501 Natchitoches CBOC 740 Keyser Avenue Natchitoches, LA 71457

Lafayette CBOC Campus B 309 Julien Avenue Lafayette, LA 70506

A. General Requirements for AVAHCS

1. Hours of Service: The contractor at a minimum will provide pharmaceutical services from 8:00 a.m. - 6:00 p.m. Monday through Saturday. The CBOCs usual hours of operation are from 8:00 a.m. - 4:30 p.m. Monday through Friday.

2. Dispensing pharmacies must be able to accept the written prescriptions on VA Form 10-2577F, Security Prescription Form. Should the state in which the dispensing pharmacy operate require other than the VA Form 10-2577F, Security Prescription Form, it will be the contractor’s responsibility to provide the VA Medical Center, Chief of Pharmacy, with the regulation/requirement ordering addresses, and ordering information needed to provide the affected CBOC with the proper security form.

3. AVAHCS patients must be able to pick up their medication at minimum from pharmacies in the CVS Caremark, Walgreens, Walmart, and Rite Aid networks.

4. Medications dispensed will be generic medications whenever possible. Brand name drugs to be dispensed only if no generic form of the drug exists in the marketplace.

5. Medications to be covered under this contract which typically should be started immediately or should not have an interruption in therapy include

a. Antibiotics

b. Acute care pain medications

c. Insulin

d. Medications that require monitoring levels (e.g., valproic acid)

e. Medications that may have rebound or withdrawal effects (e.g., selective serotonin re-uptake inhibitors, clonidine, and beta-blockers)

f. Albuterol inhalers or nebulizer solution

6. A patient’s supply will be limited to a maximum of 14 days except in the instance that the drug is in a discrete package and cannot be dispensed in a smaller quantity than the package size (EX: inhaler, dosepak, insulin vial).

7. This contractual arrangement is not to be utilized for non-urgent/emergent medications.

8. This contract is not to be utilized for refills except for medications that should not have an interruption in therapy as described above.

9. The contractor must follow the national VA formulary but also be able to allow for custom formulary edits by AVAHCS, including the ability to restrict dispensing of certain products. These edits must take effect within two business days.

10. VA beneficiaries will pick up their prescriptions at the dispensing pharmacy. No prescriptions are to be mailed or delivered.

11. The contractor is responsible for assuring that all persons, whether they are employees, agents, sub-contractors, or anyone acting for or on behalf of the contractor, are properly licensed at all times under applicable state law and/or regulations and may be subject to privileging and/or background checks by the VA.

12. The contractor shall provide Pharmacy Management Services to include traditional prescription screening, dispensing and counseling services (by a registered and licensed pharmacist) to eligible veterans.

13. Printed drug information will be provided to each patient to supplement verbal instructions. These services will require a medication history and check for allergies, interactions and duplications.

14. Pharmacies authorized to fill prescriptions under the contractor’s plan must agree to the following conditions:

a. The contractor and its contract pharmacies shall keep all information concerning VA beneficiaries confidential and shall not release or disclose information to any person, except as authorized by the patient in writing and according to all applicable laws. The Privacy Act of 1974, public Law 93-579 applies to this contract.

b. Representatives of the VA are authorized to visit the premises of any pharmacy filling VA prescriptions under the contractor’s plan during business hours for the purpose of auditing and evaluation, which may include the inspection of clinical records. A VA representative shall be given access during regular business hours, and upon reasonable notice, to such books, records, invoices, and prescription files as deemed necessary to verify claim information, prescription volume, and the usual and customary charges to the general public for covered prescriptions.

c. Contract pharmacies shall maintain a log of VA prescriptions filled and have the patient sign next to each prescription number for each prescription received. A copy of the log shall be maintained at the contract pharmacy and be readily accessible for random VA inspection.

d. All adverse drug events reported to the contractor’s pharmacies by beneficiaries of the VA will be reported to Pharmacy Services at AVAHCS in Alexandria, LA. Adverse drug events include dispensing errors, drug allergies, and adverse drug reactions.

e. Pharmaceutical care provided to beneficiaries under this contract shall meet all standards applicable to the current Joint Commission accreditation manual for Ambulatory Care/Pharmaceutical Services.

15. Medical supplies such as catheters, ostomy supplies, and wound care supplies for outpatients are to be covered.

16. Pharmaceutical compounding services are to be covered when no commercial product is available. All compounding must be performed by Pharmacy Compounding Accreditation Board (PCAB)-accredited pharmacies. All compounded medications must have prior approval by the AVAHCS Associate Chief of Pharmacy or his representative.

17. Schedule of Insurance: The contractor shall procure and maintain for the entire contract period: Workmen's Compensation and employer's general liability Insurance. Prior to contract award, the contractor shall certify to the Contracting Officer in writing and provided documentation that the required insurance has been obtained. The parties agree that such contracted personnel shall not be considered a VA employee for any purpose and shall be considered employees of the contractor.

18. Price Schedule: The contract rate is an all-inclusive rate. No separate fees will be allowed for such incidental costs of malpractice insurance coverage, supplies, equipment, etc. The price for the medications will be based on a negotiated percentage of the Average Wholesale Price (AWP) and a dispensing fee. The total price charge to the VA shall not exceed that charged to the general public and shall not exceed the price charged by the contractor’s lowest third-party reimbursement plan.

19. Contractor shall provide dispensing fee prescription and discounts offered, as well as indicate the AWP source (Blue Book, Medispan, or Red Book) it is using to base their discount on, after award to the COR.

20. Environment of Care: The contractor shall maintain a clean and safe environment always.

21. Contracting with Parties Listed on the Office of the Inspector General List of Excluded Individuals/Entities: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal payments due to fraud and/or abuse of the Medicare and Medicaid programs. The list of excluded individuals/entities can be found on the OIG web site at www.hhs.gov/oig. At the signing of the contract, the contractor is affirming that OIG site has been reviewed and that none of the contractor’s employees are on this list.

22. Invoices: The monthly summary invoice after services are required and accepted shall include a subtotal of each clinic with the number of scripts written at that clinic and the overall costs. There shall also be an attached spreadsheet that reflects: Patient’s name, last 4 of social security number, medication, days fill, total medication dispensed and cost for each of the clinics. Please e-mail the same information, encrypted, to COR or designee.

23. The Government reserves the right to fill any prescription covered under this contract using its own resources and/or staff.

24. Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish the services and prices specified in this contract.

Information Security and Privacy

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 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.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Alexandria VA Health Care System records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Alexandria VA Health Care System contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. 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.

2. 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.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while 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.

4. Alexandria VA Health Care System 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 Alexandria VA Health Care System 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. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. 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 Alexandria VA Health Care System 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 vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. 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 Alexandria VA Health Care System guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Alexandria VA Health Care System policy.

8. The Contractor shall not create or maintain any records containing any non-public Alexandria VA Health Care System information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Alexandria VA Health Care System owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Alexandria VA Health Care System shall have unlimited rights to use, dispose of, or disclose such data contained therein 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.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

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