36C25720Q0318-001.pdf

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. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 56

671-20-1-5060-0009

36C25720Q0318 02-20-2020

PJ Romano/pasquale.romano@va.gov 210-694-6305 03-05-2020

11:59pm EST

36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

X 100

X

238210

$16.5 Million

N/A

X

36C671

Department of Veterans Affairs

San Antonio TX 78229-4401

36C257

Department of Veterans Affairs

San Antonio TX 78229

This is accomplished through the

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp

This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Important Dates:

RFQ Questions Cut-Off Date/Time: 2-27-2020 @12:00pm EST

RFQ Closes: 03-05-2020 @ 11:59pm EST.

See CONTINUATION Page

X X

RFQ # 36C25720Q0318

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Office 36C257

Department of Veterans Affairs

VISN17 Network Contracting Activity

7400 Merton Minter Blvd. (10N17/90C)

San Antonio TX 78229

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly 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.

This is accomplished through the

Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

300.00 EA __________________ __________________

The contractor shall install 1 data drop at installation location, Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

** PoP-12 months Contract Period: Base

150.00 EA __________________ __________________

The contractor shall install 2 data drops at same installation location, Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

100.00 EA __________________ __________________

The contractor shall install 3 data drops at same installation location, Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

75.00 EA __________________ __________________

The contractor shall install 4 data drops at same installation location, Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Contract Period: Option 1

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

** PoP-12 months Contract Period: Option 2

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

The contractor shall install 1 data drop at same installation location, Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

** PoP-12 months Contract Period: Option 3

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Contract Period: Option 4

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

** PoP-12 months

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

Category 6 Non-Plenum (Runs from 1' to 295' with patch cables extending that length to a max of 325'). Contractor shall be responsible for installing data drops, pulling cable, toning, tagging, terminating, testing, and patching, in accordance with the Statement of Work. The per drop price will contain all components of the run including Panduit patch cables, J-hooks, labeling, and faceplates.

**The quantity in this schedule is only an estimate, contractor will only be paid for work ordered and completed.

GRAND TOTAL __________________

South Texas Veterans Health Care System

NETWORK INFRASTRUCTURE SUPPORT

STATEMENT OF WORK

1. Scope

The South Texas Veterans Health Care System (STVHCS) requires continual maintenance and expansion of the network infrastructure within the Audie L. Murphy Memorial VA Hospital

(ALM) and Kerrville VA Medical Center (KD) facilities and associated Outpatient Clinics. New installations of medical equipment, electronics systems, and workstations that require network connectivity contribute the majority of work required. In addition, repairs to the existing network infrastructure and cable management improvements shall be required. The network infrastructure support shall include, but not be limited to: installing data drops, pulling cable, toning, tagging, terminating, testing, patching, etc.

2. Description of work

a. Contractor shall provide all labor, tools, equipment, transportation, and lodging necessary to perform network infrastructure support, including expansion, troubleshooting, and repair.

i. The contract shall include a base year period of performance of 1 year, with 4 additional option years to be executed at the discretion of the

STVHCS Biomedical Engineering Section.

ii. After assessment of cable pulling and other network infrastructure work performed internally and by contractors during the calendar year 2019, it is expected that:

1. STVHCS will require labor and materials for approximately 1200 data drops per year. This is an estimated amount; the contractor will only be paid for the number of drops installed.

a. The majority of which will be for install or repair of data or voice drops, but fiber installation and repair will also be required in small numbers (e.g. 3 fiber lines >700 ft in length installed and 3 fiber repairs were completed in

2019).

b. All materials required for fully functional Category 6 Non-

Plenum drops, including but not limited to:

i. Runs from 1’ to 295’ with patch cables extending that length to a maximum of 325’

ii. cable rolls (fiber optic, twisted pair, coaxial),

iii. The per drop price shall include mod connectors, face plates, patch panels, j-hooks, conduit, and other necessary materials

iv. All tools and supplies required for:

1. Cable termination, management, toning, tagging, and testing

iii. Work shall primarily be performed Monday through Friday 0700-1600 at

Audie L. Murphy Memorial VA Hospital, 7400 Merton Minter Blvd, San

Antonio, TX 78229-4404. Work may also be required at the Kerrville VA

Medical Center, 3600 Memorial Blvd, Kerrville, TX 78028-5768.

1. Based on past work, approximately 70-75% of network infrastructure work took place at Audie L. Murphy Memorial VA

Hospital.

iv. Occasionally, after hours and weekend work may be required at no additional expense to the STVHCS to minimize patient impact.

v. Network infrastructure work may also be required at one of the following remote community-based outpatient clinics (CBOC)

1. Balcones Heights Outpatient Clinic, 4522 Fredericksburg Rd, Stes

A-10 & A-88, San Antonio, TX 78201-6521

2. Data Point Dental Clinic, 8410 Data Point Dr, San Antonio, TX

78229-3220

3. Frank Tejeda Outpatient Clinic, 5788 Eckert Rd, San Antonio, TX

78240-3900

4. North Central Federal Clinic, 17440 Henderson Pass, San Antonio, TX 78232-1662

5. Shavano Park Outpatient Clinic, 4350 Lockhill-Selma Rd, Ste 200, San Antonio, TX 78249-2166

6. South Bexar Outpatient Clinic, 4610 East Southcross Blvd, Ste

100, San Antonio, TX 78222-4911

7. Victoria Outpatient Clinic, 1908 North Laurent St., Ste 150, Victoria, TX 77901-5417.

b. Contractor shall commence work within 24 hours of initial notice.

c. Contractor shall be the subject matter expert onsite for network infrastructure within the STVHCS.

d. Contractor shall provide expansion of network infrastructure, as directed by

STVHCS Biomedical Engineering Section, including but not limited to:

i. Installing data drops with new jacks

ii. Pulling cables of all types

iii. Toning, tagging, terminating and testing cables

e. Contractor shall also troubleshoot, repair, and maintain network infrastructure.

Includes, but not limited to:

i. Toning and labeling existing cables

ii. Labeling patch panels

iii. Improving cable management in data closets

f. Work to be performed may also include supporting in-house renovation projects in the facility

i. IDF/server room clean up and removal of old, unneeded cable throughout the facility.

ii. Installation of new drops within newly renovated areas

iii. Construction projects may require manpower surges (adding additional personnel temporarily) to meet given project deadlines.

g. Subsequent option year requirements may be modified following assessment of work performed in the base year.

i. Total number of drops, materials, etc., may be increased or decreased as needed.

h. Contractor shall have previous experience working in a hospital setting and shall provide evidence as such.

i. Contractor shall warranty each drop for a period of one year from installation, which includes free repair or replacement if required.

3. Contractor requirements

a. Contractor shall have in depth knowledge of network infrastructure installation, maintenance, repair, and troubleshooting.

b. Contractor shall have knowledge of OIT Design guide, NFPA, NEC, Life Safety

Code and any other applicable standards required by work. Please reference OIT

Design Guide here, https://www.oit.va.gov/design-guide/

c. Contractor shall have knowledge of STVHCS Infection Control and Life Safety requirements.

d. Contractor shall provide own tools and equipment required to complete work.

i. Contractor shall always have in stock materials to perform five new drops

1. The STVHCS will give a one week notice for larger installations

2. The STVHCS will make every attempt to provide space/storage onsite, however it may not be available

e. Contractor shall complete all requirements to gain unescorted access to telecom closets, including fingerprinting and a background investigation.

4. Reporting

The contractor shall report and sign-in to the STVHCS Biomedical Engineering Section before commencing work. Upon award of contract, Contractor must begin the process to have a SAC

Background Check performed to obtain a valid VA Contractor badge (if Contractor does not already have one). Contractor shall provide, at a minimum, weekly electronic reports of their work or more frequent as necessary.

5. Hours of Work

Work shall be primarily performed Monday through Friday 0700-1600 unless otherwise required by STVHCS. No work shall take place on federally-recognized holidays unless the COR provides written consent to the contractor. The facility observes the following federal holidays:

New Year’s Day Martin Luther King, Jr. Day

Presidents’ Day Memorial Day

Independence Day Labor Day

Columbus Day Veterans Day

Thanksgiving Day Christmas Day

6. Changes to the Statement of work

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

7. License Requirements

The Contractor shall obtain all necessary licenses and/or permits required to perform the work.

In addition, the Contractor shall provide the COR with a copy of any licenses and/or permits obtained.

8. Required Documentation

a. Documentation that confirms at least 3 years of satisfactory and relevant experience/past-performance performing the same type and kind of services specified in this solicitation;

b. Documentation that confirms the company has an available workforce of well qualified individuals for performing the same type and kind of services specified in this solicitation, and provides resumes of the proposed individuals;

c. Documentation that confirms company/employees have in-depth knowledge of network infrastructure installation, maintenance, repair, and troubleshooting;

d. Documentation that confirms company/employees have knowledge of OIT

Design guide, NFPA, NEC, Life Safety Code and any other applicable standards required by work.

11. SECURITY OF GOVERNMENT INFORMATION

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive

Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of

VA by a contractor/subcontractor must be done in accordance with National Archives and

Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and

Information Management and its Handbook 6300.1 Records Management Procedures, applicable

VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable

Federal and VA information confidentiality and security laws, regulations and policies. If

Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if

NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state.

If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated, and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate

Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

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

VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part

164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment

(PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration

(FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default

“program files” directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in

NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to

Federal Information Systems, VA Handbook 6500, Information Security Program and VA

Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records

Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of

1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/subcontractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(3) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as

Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 5 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 2 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the

VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-

VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact

Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally

Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification

Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the

ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use

VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities.

Security deficiencies must be corrected within the timeframes approved by the government.

Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the

C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook

6500.3. This may require reviewing and updating all of the documentation (PIA, System Security

Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal

(host-based or enclave based) firewall that is configured with a VA approved configuration.

Software must be kept current, including all critical updates and patches. Owners of approved

OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA

Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact;

and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to

VA shall identify the information involved, the circumstances surrounding the incident

(including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. 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 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.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data.

Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;