36C25627Q0073.docx

SUBJECT*

667-27-1-246-0011 4 Month Courier Services- ASAP Express Delivery LLC (VA-27-00014759) 36C256-27-AP-1178

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office 16

5075 Westheimer Road, GFC Suite 750 Biloxi MS 39531

POINT OF CONTACT*

Contract Specialist SaLonda Ozier salonda.ozier@va.gov 615-873-6585

PLACE OF PERFORMANCE

Overton Brooks VAMC

510 E. Stoner Avenue

Shreveport LA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Sources Sought Notice Sources Sought Notice

DESCRIPTION

Sources Sought Notice

1. Title: Courier Services – Overton Brooks VAMC, Shreveport, LA 71101

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 Courier services include, but are not limited to, the transport of pharmaceuticals, laboratory specimens, medical supplies, administrative materials, and small equipment (≤ 50 lbs. per item).

The Contractor shall provide all personnel, supervision, equipment, vehicles, licenses, insurance, materials, and management necessary to perform scheduled and as-needed round-trip courier services between OBVAMC, three (3) CBOCs, and designated non-VA medical facilities within the defined service areas.

Courier services include, but are not limited to, the transport of pharmaceuticals, laboratory specimens, medical supplies, administrative materials, and small equipment (≤ 50 lbs. per item). All trips are round-trip and all pricing shall be all-inclusive.

Services under this contract shall be performed in accordance with:

Applicable Federal, State, and local laws and regulations.

VA policies and directives, including but not limited to VA privacy and information security requirements; and VA acquisition policy and guidance as implemented through the VA Acquisition Regulation (VAAR), VA Acquisition Manual (VAAM), VA Procurement Guidance (VHAPG), and VA Acquisition Policy Manual (VHAPM), as incorporated in the solicitation and contract.

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

a. The government is wanting to procure courier services between OBVAMC and: VA CBOCs in Monroe, LA; Longview, TX; and Texarkana, TX

4. Place of Performance:

Overton Brooks VA Medical Center (OBVAMC) 510 E. Stoner Avenue Shreveport, LA 71101

5. Responses Requested: The MEDVAMC 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 NAICS 492110 of 1500 employees?

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 492110?

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 an estimated industry pricing for name brand or equal product for market research and budgetary purpose.

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 in order 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 October 22, 2026 at 12:30 p.m. CST via email to SaLonda.Ozier@va.gov and LeKisha.Douglas@va.gov .

All Questions shall be submitted by October 21, 2026 at 12:30 p.m. CST via email to SaLonda.Ozier@va.gov and 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: 36C25627Q0073 – Courier Services 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 MEDVAMC Purchasing and Contract 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:

Contract Specialist, SaLonda Ozier Email address: SaLonda.Ozier@va.gov

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 Sources Sought 36C25627Q0073 – Courier Services

Page 1 of

PERFORMANCE WORK STATEMENT (PWS)

1. Background and Purpose This is a non-personal services contract for courier services in support of the Department of Veterans Affairs (VA), Overton Brooks VA Medical Center (OBVAMC), Shreveport, Louisiana, associated VA Community Based Outpatient Clinics (CBOCs), will be only be a base of 30 days with 3 (30 day) option periods.

2. Scope of Services The Contractor shall provide all personnel, supervision, equipment, vehicles, licenses, insurance, materials, and management necessary to perform scheduled and as-needed round-trip courier services between OBVAMC, three (3) CBOCs, and designated non-VA medical facilities within the defined service areas.

Courier services include, but are not limited to, the transport of pharmaceuticals, laboratory specimens, medical supplies, administrative materials, and small equipment (≤ 50 lbs. per item). All trips are round-trip and all pricing shall be all-inclusive.

Services under this contract shall be performed in accordance with:

Applicable Federal, State, and local laws and regulations.

VA policies and directives, including but not limited to VA privacy and information security requirements; and VA acquisition policy and guidance as implemented through the VA Acquisition Regulation (VAAR), VA Acquisition Manual (VAAM), VA Procurement Guidance (VHAPG), and VA Acquisition Policy Manual (VHAPM), as incorporated in the solicitation and contract.

3. Scope of Work

3.1 The Contractor shall provide round-trip courier services between OBVAMC and:

VA CBOCs in Monroe, LA; Longview, TX; and Texarkana, TX Non-VA medical facilities in the Shreveport–Bossier metropolitan area and within the same towns as each CBOC, as directed by the Government.

3.2 Services include both:

Scheduled Trips: Routine, recurring round-trip routes at specified times; and As-Needed Trips: Non-routine, on-demand round-trip services, including STAT and non-STAT, within specified response times.

3.3 Items to be transported include, but are not limited to:

Inter-office correspondence and administrative documents;

Pharmaceuticals and medications;

Medical and office supplies;

Expendable and non-expendable commodities;

Laboratory specimens and samples;

Specimens will require coolers to transport and should have temperature control.

Medical and computer equipment and other items up to 50 pounds each that can be safely secured and transported within a Contractor-provided enclosed vehicle.

3.4 Transport of furniture and large items beyond the size and weight limitations specified above is not included in this requirement.

4. Place of Performance

4.1 Primary Facility:

Overton Brooks VA Medical Center (OBVAMC) 510 E. Stoner Avenue Shreveport, LA 71101

4.2 VA Local Clinics:

- Knight Street Clinic 3000 Knight Street, Building 5 Shreveport, LA 71101

- Buckner Square Clinic 1800 Buckner Street Shreveport, LA 71101

- Shreveport Vet Center 1255 Shreveport Barksdale Hwy.

Shreveport, LA 71105

4.3 Community-Based Outpatient Clinics (CBOCs):

- Texarkana VA Clinic 5701 Summerhill Rd Texarkana, TX 75503

- Monroe VA Clinic 1691 Bienville Drive Monroe, LA 71201

- Longview VA Clinic 1005 North Eastman Road Longview, TX 75601

4.4 Other Non-VA Medical Facilities:

- St. Francis Medical Center 309 Jackson Street Monroe, LA 71201

- Open Imaging of Longview 2901 North 6th Street Longview, TX 75601

- LSU Health Shreveport 1501 Kings Hwy Shreveport, LA 71103

- Willis-Knighton North 2600 Greenwood Road Shreveport, LA 71103

- Willis-Knighton Bossier 2400 Hospital Drive Bossier City, LA 71111

5. Period of Performance: This contract will be for only be a base of 30 days with 3 (30 day) option periods.

5.2 Option periods may be exercised at the sole discretion of the Government, subject to continued need, satisfactory contractor performance, funding availability, and in accordance with FAR and VAAR option clauses incorporated in the contract (e.g., FAR 52.217-8 and 52.217-9, as applicable).

6. Hours of Operations and Response Time

6.1 Standard Operating Hours

Standard Operating Hours Scheduled services shall be provided Monday through Friday, 8:00 a.m. – 5:00 p.m. Central Time.

6.2 Federal Holidays

6.2.1 The Contractor shall provide courier services on Federal holidays when ordered by the Government, including both scheduled and as-needed trips, and shall maintain the same performance standards and response times as during normal business days unless otherwise approved by the Contracting Officer.

6.2.2 VA observes the ten (10) Federal holidays set by 5 U.S.C. 6103, as may be amended: New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Independence Day (if observed at the time of performance), Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day, including any day specifically designated by law or Executive order as a holiday or in lieu of a holiday.

6.3 As-Needed and STAT Services (24/7 Coverage)

Non-STAT as-needed trips (weekdays, after hours, weekends, and Federal holidays):

Contractor shall return calls within one (1) hour of notification and arrive at the pickup location within three (3) hours of notification.

STAT trips (anytime, including Federal holidays):

At a minimum, the Contractor shall meet the same 1-hour call-back and 3-hour pickup standard and is encouraged to propose more responsive, innovative solutions in its technical proposal.

6.4 All routes shall be round trip, and pricing for Federal holiday services shall be as specified in the contract price schedule (e.g., identified CLINs or rates), with no additional surcharges beyond those specifically authorized in the contract.

7. Description of Services

7.1 Scheduled Trips – OBVAMC to Local Clinics (Knight Street and Buckner Square)

7.1.1 The Contractor shall provide two daily round-trip courier runs, Monday through Friday (excluding Federal holidays), between OBVAMC and:

Knight Street Clinic, 3000 Knight Street, Shreveport, LA;

Monday through Friday, excluding federal holidays. The times for these trips will be 9:30am and 2:30pm. The start of this trip will be Overton Brooks (pick-up and drop-off) for Knight Street trips is 1W25 the Mailroom, BE21 the Warehouse, and all lab specimens to be delivered to 2 North, 3 North and 2nd floor Pathology Laboratory. The pick-up, delivery, and drop-off for Knight Street is Room 57.

Buckner Square Clinic, 1800 Buckner Street, Shreveport, LA.

Monday through Friday excluding federal holidays. The times for these trips will be 9:30am and 2:30pm. The start of this trip will be Overton Brooks (pick-up and drop-off) pick for this trip starts 1W25 the Mailroom and BE21 Warehouse. The pick-up, delivery, and drop-off for Buckner Square is room C200 for Human Resources and room A200 for Business Office.

Shreveport Vet Center, 1255 Shreveport Barksdale Hwy. Monday through Friday excluding federal holidays.

7.1.2 The PWS establishes required service windows (e.g., morning and afternoon runs as reflected in the resulting schedule) and origin/destination locations (Mailroom, Warehouse, Laboratory, Pharmacy, designated clinic rooms). Exact departure and arrival times may be adjusted by mutual agreement with the COR to support mission needs, provided the Contractor maintains route coverage and safety.

7.2 Scheduled Trips – OBVAMC to CBOCs and

7.2.1 The Contractor shall provide two daily round-trip courier runs, Monday through Friday (excluding Federal holidays), between OBVAMC and each CBOC in Monroe, Longview, and Texarkana (one morning run and one afternoon run).

7.2.2 The PWS recognizes approximate travel distances (e.g., 70–110 miles one way) and travel times; flexibility is required to account for traffic, weather, and road conditions, with driver safety taking precedence over strict schedule adherence.

7.2.3 The Contractor shall also provide additional stops, when directed, at non-VA hospitals or clinics within the same town as each CBOC (e.g., St. Francis Medical Center, Christus-St. Michael’s, Good Shepherd Medical Center), using all-inclusive “extra stop” CLINs.

7.3 As-Needed Courier Services – Local Area

7.3.1 The Contractor shall provide as-needed round-trip courier services between OBVAMC and non-VA medical facilities in the Shreveport–Bossier metropolitan area as requested by the COR or authorized Government official.

7.3.2 As-needed services include both non-STAT and STAT runs during standard hours and 24/7 coverage outside standard hours, in accordance with Section 5 response time standards.

7.3.3 As-needed runs that directly support patient care (e.g., delivery of prescriptions or lab specimens) may be initiated by clinical services without prior written authorization but must be documented in trip logs for invoice verification.

8. Contractor Responsibilities

8.1 Management and Local Capability

Maintain local management and dispatch capability in or near Shreveport, LA, sufficient to oversee day-to-day operations, respond to issues, and implement quality control.

Designate a primary and alternate point of contact (POC) with authority to make decisions and respond to Government inquiries; management officials shall be able to be onsite at OBVAMC within four (4) business hours when requested.

8.2 Personnel

Provide qualified drivers and support staff who can read, write, speak, and understand English.

Ensure drivers are at least 18 years old, possess valid driver’s licenses, and meet all applicable licensing requirements; the courier company shall be properly licensed to operate in the local Shreveport, LA area and all jurisdictions in which services are performed.

Ensure all personnel conduct themselves professionally, present a neat appearance, and wear clearly visible identification badges above the waist that identify them as Contractor employees.

8.3 Vehicles and Equipment

Provide enclosed vehicles owned or leased by the Contractor (no personal vehicles) that are properly licensed, registered, inspected, and insured, and suitable for secure transport of medical materials, PHI, and equipment.

Ensure vehicles are clean, well-maintained, and in good mechanical condition at all times.

Provide backup vehicles and drivers as part of a contingency plan to ensure continuous service if primary vehicles or drivers are unavailable.

8.4 Security, Privacy, and Safety

Protect PHI and VA sensitive information in accordance with the Privacy Act, HIPAA, VA privacy policy, and all applicable information security requirements. A Business Associate Agreement (BAA) is required and shall be executed or confirmed as part of contract award.

Comply with all VA information security requirements, including completion of VA cyber security and privacy training, Rules of Behavior, and any additional training required as a condition of access.

Ensure drivers receive specimen handling and “dangerous goods”–type training, as required by laboratory protocols and DOT/OSHA regulations, at least annually; maintain training records and provide certificates to the CO/COR upon request.

Ensure safe operation of vehicles at all times; scheduled times shall not be construed to require unsafe driving.

8.5 Badging and Access

Ensure all Contractor personnel who routinely access VA facilities obtain VA identification (PIV badges or other credentials) as required; comply with VA access control, sign-in, and escort procedures.

9. Government Responsibilities

9.1 Designate a Contracting Officer’s Representative (COR) in writing, with authority to perform technical monitoring and contract surveillance, but not to make changes to the contract.

9.2 Provide access to designated pickup and delivery locations, loading docks, and parking areas consistent with OBVAMC and CBOC procedures.

9.3 Review and certify invoices based on verified services and performance against the QASP.

10. Documentation, Chain of Custody, and Invoicing Support

10.1 The Contractor must have a delivery system portal. The portal must be able to send and receive messages from government personnel to contractor.

10.2 The Contractor shall maintain trip tickets/logs for all runs, including at a minimum: date, time, origin, destination, route type (scheduled/as-needed/STAT), and items transported.

10.3 The Contractor shall maintain chain-of-custody documentation for laboratory specimens, pharmaceuticals, and other sensitive items as required by VA policy and receiving laboratories.

10.4 Drivers shall obtain signatures from designated VA personnel at pickup and delivery points as required to document custody transfer; trip tickets shall be provided to VA personnel upon request.

10.5 The Contractor shall provide all records reasonably requested by the CO/COR to support invoice verification and performance monitoring.

11. Invoicing and Payment

11.1 The Contractor shall submit invoices monthly in arrears (or in accordance with the contract schedule) to the address designated in the contract, in compliance with VA electronic invoicing requirements (e.g., Tungsten/ IPP, if applicable).

11.2 Invoices shall, at a minimum, reference:

Contract and order number;

Period of performance covered; only be a base of 30 days with 3 (30 day) option periods.

only be a base of 30 days with 3 (30 day) option periods.

CLINs, quantities, and rates consistent with the contract price schedule;

Sufficient detail (e.g., number of trips/stops) to allow verification against COR records.

11.3 The Government will only pay for actual, verified trips and stops, up to the funded and obligated amounts and consistent with the minimum and maximum quantities described in the contract schedule.

12. Subcontracting

12.1 The Contractor shall identify any subcontractors used in performance and shall ensure that all subcontractors meet the same qualification, licensing, security, privacy, and training requirements as the prime Contractor.

12.2 The Contractor remains fully responsible for subcontractor performance and compliance with all contract terms.

13. Small Business and VA Rule of Two

13.1 This requirement is intended to be fulfilled, to the maximum extent practicable, through competition that implements VA’s Veterans First Contracting Program and the VA Rule of Two, consistent with VAAR and VAAM market research and set-aside procedures. The specific set-aside determination (e.g., SDVOSB/VOSB) is addressed in the acquisition plan and solicitation and is not altered by this PWS

14. Security Clauses

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.

15.Changes

15.1 Only the Contracting Officer has authority to modify the contract. Any changes to routes, scope, or performance requirements that affect price, quantity, or terms must be made by written modification signed by the CO and the Contractor. Instructions from VA personnel other than the CO that change the scope or cost are not binding.

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