36C25919Q0344-0002000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 660-19-2-5059-0121 None 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 To all Offerors/Bidders

36C25919Q0344 06-25-2019

X

660-3690162A1-5059-850100-2580-010050190 X The purpose of this amendment is to:

1. Answer Questions from the Vendor (see continuation page).

2. Delete and replace original Stament of Work (SOW) (see continuation page).

3. Change pages from the original solicitation Section D, page 40 to 41 consecutively though page 64.

4. B.2 STATEMENT OF WORK, Announcement. Change 2nd sentence, this is not mandatory to mandatory demonstration of of contractor's capabilities.

5. Participants/Attendance (Vendor) on June 18, 2019.

6. No additional question will be answered.

7. All other terms and conditions remain the same.

Timothy J. Myers

PCOE-E12L3-2709

CONTINUATION PAGE

Question and Answer Question 1. The cost of the software is separate from the services needed to catalog the documents to decide what gets scanned, indexed, and loaded into the system. I have put together a sample price sheet to include the cataloging, scanning, and indexing services for the four option years. It includes;

0. Pricing to catalog the documents. This is the analysis of the paper documents and electronic files on CDs, network drives. This is when we check for duplications between electronic and paper files, identify the latest version of the documents, identify what exist. (Hourly rate)

0. Pricing to scan large-format drawings to PDF (per sheet cost which includes document repair, scanning, and indexing for company name deleted)

0. Pricing to scan small-format documents to PDF (per sheet cost, which includes document preparation, scanning, and indexing for company name deleted)

0. Conversion from DWG to PDF. (Per file)

0. Processing and loading data for Space Management

PART I: Company name removed SOFTWARE COSTS

(Price includes loading new documents and improving the library going forward - up to 250 hours per year, or scanning equivalent)

Part I TOTAL

PART II: CATALOGING, SCANNING, AND INDEXING COSTS

30”x40”

Part II Total

Grand Total

Answer 1. The information above is solely vendor’s preference when submitting their quote. You can itemize it but will require to follow B.3 Price/Cost Schedule stated in the solicitation. The requirement is for base and 4 option years period.

Question 2. You do not provide any quantities. Therefore it will be difficult to give you a total cost for the Cataloging and Scanning Services. Should we just quote on a unit basis such as per hour or per sheet?

Answer 2. See Part II Cataloging, Scanning, and Indexing Costs

Question 3. Please take a look and let me know if this would be something that we could use as a Price Sheet or add to the existing one.

Answer 3. A price sheet or add to existing one is the vendor’s preference when submitting quote. You can itemize your pricing submission but would need to follow B.3 Price/Cost Schedule for final submission.

STATEMENT OF WORK

Drawing Database Management Services

I. SCOPE OF WORK:

A. Furnish all necessary professional services, equipment, labor, materials, supervision, and tools to perform drawing database management services, to include by not limited to; General field verification for architectural drawings; Build a Capital Asset Inventory (CAI) database and reporting system; Build an Electronic Library of current AutoCAD formatted drawings with links/referencing to scanned drawings; host database on secured server, with backup storing, and provide login access to the system through the internet; update and maintain the database with changes that occur through construct or in-house maintenance work; provide training for use of the system; located at 500 Foothill Drive, Salt Lake City, UT 84148. VASLCHCS is Located on a 70 - acre campus situated at the foot of the rugged Wasatch Mountains and overlooking the city below, the George E. Wahlen Department of Veterans Affairs Medical Center is a 121 - bed tertiary care facility serving veterans residing within a 25,000-square mile primary service area and a total of approximately 1.1 million square feet of floor space. It is close to the University of Utah School of Medicine, which is physically located adjacent to the Medical Center. Salt Lake City offers all the traditional services plus specialty areas such as pathology, radiology, neurology, nuclear medicine, psychiatry, and open-heart surgery, including cardiac transplantation.

The Medical Center is in operation 24/7 with Patients, visitors, and staff. The contractor and sub-contractor shall always be mindful of this and shall conduct themselves accordingly.

B. General:

1. Only approved individuals, designated in writing will be authorized to initiate tasks against this contract, all other requests will be considered unauthorized and may not be paid for under this contract.

2. Period of Performance: The Government’s intent is to establish the contract to awarded for a period of one year, with four addition option years that could be exercised based upon contractor’s satisfactory performance, accumulating to five years total.

3. Contract is required to provide all labor, equipment, materials required to perform the work required under this contract. Government equipment and materials will not be utilized/provided.

C. General Requirements:

DRAWING DATABASE MANAGEMENT SERVICES: The relevant services are comprised of, but not limited to, the following services:

1. GENERAL FIELD VERIFICATION FOR ARCHITECTURAL DRAWINGS:

The Contractor shall send a team to survey and field verify the accuracy of the architectural drawings in a manner that verifies that general conditions noted on the drawings appear to be accurate and complete a minimum of 60 hrs worth of work. The architectural drawings are currently in AutoCAD and paper copies. However, projects have taken place affecting certain areas of certain buildings that need to be captured. There are typically three types of projects that occur within VASLCHCS: (1) Minor projects that were done in-house for which project drawings may or may not be available, (2) NRM construction projects for which a design firm was utilized, which consists of projects that are small to medium in size, and (3) Minor construction projects for which a design firm was utilized, which consists of projects that are medium to large in size. These design firms and contractors may have supplied the medical center with design and as-built drawings in AutoCAD and/or hard copies and the medical center will make all available drawings to the vendor. The medical center cannot guaranty the accuracy of these drawings and therefore the vendor may need to conduct a field survey to capture current conditions. In planning for this surveying, the vendor must be aware that some areas may not be readily available to be surveyed and they must plan in consultation with the occupying service line and VA Contracting Officer’s Representative (COR) and conduct the surveys when it is convenient for the service line. The vendor shall update all CAD drawings for any changes needed, based off the surveys. In updating the CAD drawings, the vendor shall comply with VA CAD standards.

2. BUILD A CAPITAL ASSET INVENTORY (CAI) DATABASE AND REPORTING SYSTEM:

The Contractor shall demonstrate ability to receive all IT certification within 45 days, including the Federal Risk and Authorization Management Program (FEDramp), and develop and utilize a VA approved secure online database. This technology must be consistent with VA policies and standards, including but not limited to VA Handbook6101 and 6500, VA Directives 6004, 6513 and 6517 and National Institute of Standards and Technology (NIST) standards, Including Federal Information Processing Standards (FIPS) All Sensitive data is properly protected in compliance with all VA regulation.

Developed database is owned by contractor. When the contract is rendered complete all information will be returned to the VA in its native format.

The medical center requires a space management system that can track the assignment of all spaces and capable of generating reports including Capital Asset Inventory (CAI) reports. The space database shall, at a minimum, contain the following pieces of data:

a. Room numbers

b. Space functions

c. Service line assignments

d. CAI Space Driver assignments

e. Net and Gross Square footages

The medical center will provide to the vendor what available information is on hand. On campus are 37 buildings, Off Campus are 5 Community Out Based Clinics (CBOC) Total of 42 Buildings and approximately 1,104,191 Square feet. However, the vendor shall conduct a walkthrough through the buildings to capture the required information for every room. In planning for this survey, the vendor must be aware that some areas, such as pharmacies, OR’s, and certain patient areas, may not be readily available to be surveyed and they must plan in consultation with the occupying service line and VA Contracting Officer’s Representative (COR) and only when it is convenient for the service line.

3. BUILD AN ELECTRONIC LIBRARY OF CURRENT AUTOCAD FORMATTED DRAWINGS WITH LINKS/REFERENCING TO SCANNED DRAWINGS:

The Contractor shall meet with VA Contracting Officer’s Representative (COR) to develop file naming system. Capture existing paper and electronic drawings so that they can be easily organized, retrieved and shared among all stakeholders including external contractors and designers. Title Block information must be captured and linked to each drawing to facilitate ease of use. Scanning of hardcopy paper drawings will be required. Drawings shall be organized and linked in a way to be user friendly and comprehensive.

4. HOST DATABASE ON SECURED SERVER, WITH BACKUP STORING, AND PROVIDE LOGIN ACCESS TO THE SYSTEM THROUGH THE INTERNET:

The associated drawings and data shall be hosted on a server operated by the vendor. The server and web portal shall have all VA required security and encryption measures implemented. The database shall be developed within six months of contract award. Contractor shall work with the VA to develop the layout and appearance of the web portal. The server shall have a separate backup system that the vendor will work out with the VA on the intervals backups shall take place. The vendor shall maintain the server and provide technical support on an on-going basis to VA users.

The web portal will consist of numerous modules each with a specific purpose:

a. As-Built Library: Stores and makes available AutoCAD, printable as PDF, as-built drawings and allows for drawing mark-up tools. The drawings shall consist of a design disciplines, i.e. architectural, electrical, mechanical, plumbing, etc.

b. Space Module: Manages and reports on detailed allocation and use of space among service lines. This database shall ensure that all space within the Medical Center is accounted for and allocable to the specific categories required for reporting to VHA for Capital Asset Inventory (CAI).

c. Documents Module: Provides for an electronic library of “legacy drawings” that be retrieved and shared among all internal and external stakeholders.

d. Administration Module: Provides for VA administration of the system and its modules.

The vendor shall maintain the system without interruption, to include power interruptions, on a 24/7 basis and provide unlimited technical support. Technical support may be limited to normal operating hours. Technical support shall include telephone calls and email. Technical support shall include on-line training, if requested.

The database must be able to support multiple users simultaneously. It should allow for select individuals to have administrative rights and able to assign privileges to users, to include administrative rights, to limit or expand user’s privileges.

5. UPDATE AND MAINTAIN THE DATABASE WITH CHANGES THAT OCCUR THROUGH CONSTRUCT OR IN-HOUSE MAINTENANCE WORK:

Ongoing additions or renovations require changes to drawings to maintain the integrity of the drawing database. The VA will require that these changes be incorporated in the existing drawings so that the drawings in the system will be current. These incorporated changes shall include all disciplines of the project. The frequency and extent of such changes will depend on completion of projects and may be unpredictable.

Periodically, the VA will send to the vendor drawings and other documentation that indicate the alterations in certain areas. Typically, these changes will be forwarded as AutoCAD or PDF files. The vendor shall, upon receipt of such documents, consult with VA staff and clarify the changes as necessary. The vendor shall incorporate the changes in the drawings and update the CAI, Space and As-Built modules, as needed. The vendor shall make the changes in drawings in a reasonable amount of time, no more than fifteen (15) business days, unless contractor and VA agree in writing on an alternate deadline.

The VA may decide to add additional buildings or suites to the system. This task shall include making field measurements and sketching out the drawings, drawing them in CAD, and loading them to the database and reporting system.

6. PROVIDE TRAINING FOR USE OF THE SYSTEM:

Provide training for end users, demonstrating the use of the online system. This training should focus on the system modules in use by the VA. Specialized training for administrative users, that are designated by the VA, shall be more in-depth to cover any additional functions used by these users.

II. OTHER TERMS AND CONDITIONS:

A. The VA will not provide servers, equipment, or other items needed to perform the required service.

B. Work done on-site at the ordering VA shall be coordinated with the Contracting Officer Representative (COR) appointed by the CO. Generally, work will be done during normal business hours (M-F 8-4:30), excluding federal holidays. If work need to be performed after hours for convenience to the government, all hours will be coordinated with the (COR).

III. QUALITY ASSURANCE PLAN:

Performance will be measured by accessibility of the internet portal available to the end user, vendor timeliness in responding to service requests, and the quality of the maintained drawings and database.

The facilities drawings created by the vendor shall be compliant with VA standards and be compatible with generally accepted industry practices. When the vendor creates new facility drawings the vendor shall submit a preliminary set of drawings for review by the medial center staff. The vendor shall hold in person or on-line discussions to discuss the review findings and make agreed-upon modifications.

The facilities related data such as occupancy by service lines collected or validated by the vendor must be reviewed by medical center staff and the vendor shall make all agreed-upon changes.

When the medical center sends out existing drawings for updating to the vendor, vendor shall acknowledge the receipt within seven days of receiving them. Within the next seven days the vendor shall hold discussions with the VA staff if the vendor has questions or requires clarifications. Once the clarifications are done, the vendor shall update the drawings and load them on to the portal within a further period of 15 days.

The quality of the images maintained in the vendor’s database shall be legible and high quality.

The vendor shall make all appointments scheduled with the COR on time and without delay.

Should the COR determine that the vendor is not meeting this level of performance, the COR shall notify the CO of the specific complaint and provide evidence. The CO will investigate the claim and give the vendor the opportunity to provide evidence or make right the error (if applicable). Should the CO find an uncorrectable deficiency has occurred, the contract file will be noted, performance evaluations will reflect the uncorrectable deficiency, and the CO retains the right to pay less than the invoiced amount for the related work.

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.

1. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

1. A contractor/sub-contractor 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.

1. 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.

1. 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.

1. 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.

1. 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

1. 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).

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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 COTR.

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 COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

1. The contractor/subcontractor shall certify to the COTR 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.

1. 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.

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

1. 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.

1. 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.

1. 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:

1. The Systems of Records (SOR); and

1. 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.

1. “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.

1. “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 15 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 15 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

1. 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 COTR 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.

1. 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.

1. 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.

1. 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.

1. 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 COTR. 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.

1. 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.

1. 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.

1. 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;

1. 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

1. 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;

1. 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

1. 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 pre-approved and described in the purchase order or contract.

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.

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.

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.

SECURITY CONTROLS COMPLIANCE TESTING:

a. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

BADGING:

a. All employees of general contractor and subcontractors shall comply with VA security management program and obtain temporary VA badges. This will require fingerprinting and background checks of each individual. The employees of the general contractor will obtain permission of the VA Human Resources, be identified by project and employer, and restricted from unauthorized access.

***************End of Services SOW**************** Participants/Attendance on June 18, 2019.

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