36C26118Q0520-003.pdf

A.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Michael Hodahkwen

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609

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

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.

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971

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

AMENDMENT NO DATE

Price Schedule

Base Year: July 1, 2018 to June 30, 2019

Item Description Unit

Quantity Unit Price

Total

Pest Control Recurring Services

MO 12

Work Orders Section 5.8 of PWS

HR 200

Unscheduled Services Section 5.10 of PWS

HR 200

Base Total

Option Year #1: July 1, 2019 to June 30, 2020

Pest Control Recurring Services

MO 12

Work Orders Section 5.8 of PWS

HR 200

Unscheduled Services Section 5.10 of PWS

OY1 Total

Option Year #2: July 1, 2020 to June 30, 2021

Pest Control Recurring Services

MO 12

Work Orders Section 5.8 of PWS

HR 200

Unscheduled Services Section 5.10 of PWS

OY2 Total

Option Year #3: July 1, 2021 to June 30, 2022

Pest Control Recurring Services

MO 12

Work Orders Section 5.8 of PWS

HR 200

Unscheduled Services Section 5.10 of PWS

OY3 Total

Option Year #4: July 1, 2022 to June 30, 2023

Pest Control Recurring Services

MO 12

Work Orders Section 5.8 of PWS

HR 200

Unscheduled Services Section 5.10 of PWS

HR 200

OY4 Total Grand Total

Performance Work Statement Pest Control Services

VA Palo Alto Health Care System

Section 1: General Information

1.1 General: This is a non-personal services contract to provide pest control services for the VA Palo Alto Health Care System (VAPAHCS). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2 Period of Performance:

Base Year: July 1, 2018 June 30, 2019 Option Year #1: July 1, 2019 June 30, 2020 Option Year #2: July 1, 2020 June 30, 2021 Option Year #3: July 1, 2021 June 30, 2022 Option Year #4: July 1, 2022 June 30, 2023

1.3 Place of Performance:

Medical Centers

Palo Alto Medical Center 3801 Miranda Ave.

Palo Alto, CA 94304 Santa Clara County

Livermore Medical Center 4951 Arroyo Rd.

Livermore, CA 94550 Alameda County

Menlo Park Medical Center 795 Willow Rd.

Menlo Park, CA 94025 San Mateo County

Community Based Outpatient Clinics

Capitola CBOC 1350 41st Ave., Ste 102 Capitola, CA 95010 Santa Cruz County

Fremont CBOC 39199 Liberty Street Fremont, CA 94538 Alameda County

Sonora CBOC 13663 Mono Way Sonora, CA 95370 Tuolumne County

San Jose CBOC 80 Great Oaks Blvd.

San Jose CA 95119 Santa Clara County

San Jose CBOC (New) 5855 Silver Creek Valley Pl San Jose, CA 95138 Santa Clara County

Stockton CBOC 7777 South Freedom Rd.

French Camp, CA 95231 San Joaquin County

Modesto CBOC 1225 Oakdale Rd.

Modesto CA 95355 Stanislaus County

Monterey CBOC 201 Ninth Street Marina, CA 93933 Monterey County

Mountain View 701 N Shoreline Blvd, Suite B, 2nd Floor Mountain View, CA 94043 Santa Clara County

There are numerous buildings at the Palo Alto Medical Center and the Menlo Park Medical Center. The vendor will be required to provide coverage for all of the operational and non-operational buildings located within each campus. Building under construction are not covered under this contract. The new San Jose CBOC is not currently open for services. The vendor does not need to include this location in their quote. When the location opens for services it will be handled in a future bilateral modification.

The anticipated start date is October 1, 2017, but that is a tentative date.

1.6 Hours of Operation: Services will be required during normal business hours between 8:00 a.m. to 5:00 p.m., seven days a week including Federal Holidays.

1.7 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

Section 2: Definitions & Acronyms

2.1 Definitions:

Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

2.2 Acronyms:

CBOC Community Based Outpatient Clinic COR Contracting Officer Representative IPM Integrated Pest Management MPD Menlo Park Division MSDS Material Safety Data Sheets PAD Palo Alto Division PWS Performance Work Statement VA Veterans Affairs VAPAHCS Veterans Affairs Palo Alto Health Care System

Section 3: Government Furnished Property, Equipment, and Services

None.

Section 4: Contractor Furnished Items and Services

The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents.

Section 5: Specific Tasks

5.1 General Requirements

A. The Contractor shall furnish all labor, equipment, supplies, parts, supervision, management and transportation necessary to perform integrated Pest Management (IPM) Control services (interior and exterior) in accordance with the terms and conditions of this contract for all identified locations in section 1.3 of the Performance Work Statement.

B. All tasks shall be accomplished to meet the guidelines in the National Pest Control Association’s “Good Practice Standards.” The Integrated Pest Management (IPM) services required of the Contractor are as follows:

1) Inspection: Determine which pest management measures are appropriate and required.

2) Recommend environmental sanitation practices that restrict or eliminate food, water or harborage for pests.

3) Preventive Maintenance: Selection and utilization of non-chemical control methods which eliminate, exclude or repel pests (i.e., insect electrocution devices, traps, caulking, air screen, etc.)

4) Treatment: Selection and use of the most environmentally sound pesticide(s) to affect control and or elimination when chemical control methods are necessary.

5) Control and treatment of general structural arthropod pests (i.e., cockroaches, ants, carpet beetles, spiders to include removing built up spider webs on exterior of buildings, carpenter ants/bees and any bee nest removal, etc.)

6) Control and treatment of stored product pests (i.e., saw-tooth grain beetle, red/confused flour beetles, trogoderma, beetles, grain moths, etc.)

7) Control and treatment of mice and rats (i.e., house mouse, field mouse, roof rat, Norway rat, deer mouse, etc.)

8) Control of pest birds (i.e., pigeons, sparrows, blackbirds, including bird nest removal, etc.)

9) Control of other vertebrate pests (i.e., dogs, cats, bats, squirrels, gophers, moles, raccoon, skunks, snakes, rabbits, including capture and removal, etc.)

10) Control and treatment of wood destroying organisms (i.e., subterranean termites, dry wood termites, fungi, wood boring beetles, wood wasp, silverfish/firebrat, etc.)

11) Control of aquatic pests i.e. mosquito larvae/pupae, algae, etc.

12) Control and treatment of flying insects (i.e., house-fly, stable fly, low flies, etc.)

13) Control and treatment of predatory pests (i.e., lice, bedbugs, fleas, mites, ticks, bees, wasps, mosquitoes, scorpions, conenose bugs, etc.)

14) Inspection and Treatment for Termites: Inspection for termites shall be accomplished IAW the Good Practice information attached. Treatment for termites shall be made only if there is evidence of termites is found. It is estimated that no more than two (2) inspections per year shall be required.

15) Removal of Cliff Swallows’ nests: Although Cliff Swallows are protected by the Migratory Bird Treaty act, the US Department of Fish and Wildlife Service allows us to remove the mud nests when swallows start to build their nests. No permits are required to remove swallow nests provided there are no eggs or young in the nest. Nests shall be knocked down daily during the building season to prevent any eggs from being laid. Care shall be taken to perform this scope of work so as to prevent disruption of health care system activities. This shall involve working off-hours, after 4:30 pm. Given that Cliff Swallows are migratory birds and return to the same nesting site once the nests are established, the goal in this scope of work is to prevent nesting from occurring. The scope of this contract includes all buildings in Palo Alto, Menlo Park and in Livermore. A site visit is required to determine building height and visual inspection of any remaining old nests not removed from the previous spring.

16) Clean Up, Decontamination and Disposal of Hazardous Waste: The Contractor shall clean up after performance work of pest control. The Contractor shall not dispose any excess pesticides, pesticide container or any material contaminated by pesticides at any location on the Medical Center premises except as specified by the COR.

17) Removal of Dead Insects/Animals: All Dead Insects/Animals shall be removed and disposed by the Contractor within a reasonable time frame as established by the COR or designee.

5.2 Regulations

A. Pest management operations shall meet all Federal requirements as identified in Public Law 92- 516, Federal Insecticide, Fungicide and Rodenticide Act, dated November 28, 1975, as amended, and Executive Order 12088 (Federal Compliance with Pollution Control Standards) and appropriate Occupational Safety and Health standards regarding hazard communication, personal protective equipment, and exposure standards. The Contractor shall ensure pesticides and pest control operations are in compliance with California Code of Regulations (Title 3, Food and Agriculture), Division 6, Pesticides and Pest Control Operation.

B. The Contractor shall comply with the Migratory Bird Treaty Act, which makes it illegal for anyone to disturb covered birds' nests or eggs without a permit in accordance with 5 CFR 10.13.

The list of protected birds can be found at https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php.

C. The Contractor shall comply with the Endangered Species Act. A listing of Federal and California laws that may be related to pest control can be found at:

https://www.sccgov.org/sites/ipm/resources/legislative-policy%20framework/pesticide%20- %20pest%20management%20laws,%20act,%20regulations/Pages/Pesticide---Pest-Management- Laws--Act--Regulations.aspx

5.3 Scheduling Services

The Contractor shall provide the work schedule of when services shall be performed and submit it to the Contracting Officer Representative (COR) within fifteen (15) days prior to the first day of work. Pest Management tasks must be scheduled for specific days that are identified and provided to the COR. The Contractor is not authorized to perform services on alternate days without prior approval from the COR.

5.4 Inclement Weather

In the event climate or weather conditions make it unsuitable for work or may induce an environmental hazard, the contractor must coordinate with the COR to establish a new date and time for services to be performed.

5.5 Adding/Deleting Building

The scope of this contract includes all the Medical Centers and CBOCs within the VAPAHCS. If changes are needed by either adding a new building or removing a building within the VAPAHCS, it will be covered under the scope of this contract. Any changes to the locations listed in section 1.3 of the Performance Work Statement will be handled through a bilateral contract modification.

5.6 Daily Services

The Contractor shall be flexible to provide services Monday through Sunday (including Federal Holidays) for the sites of VAPAHCS: Palo Alto Division (PAD), Menlo Park Division (MPD), and Mountain View Center

5.7 Reporting to Bldg. 6.

The Contractor reports to Palo Alto, Bldg. 6, Room A-238 or an alternate location, to the COR or designee to receive the prioritized work requests. The Contractor then provides the required services needed within 2 business days after receiving the work request. Upon completion of services, the Contractor shall notify the COR or designee in writing.

5.8 Work Orders

The customers’ work orders also known as “G. Pest” can be deliver to the Contractor in one of three methods:

https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php https://www.sccgov.org/sites/ipm/resources/legislative-policy%20framework/pesticide%20-%20pest%20management%20laws,%20act,%20regulations/Pages/Pesticide---Pest-Management-Laws--Act--Regulations.aspx https://www.sccgov.org/sites/ipm/resources/legislative-policy%20framework/pesticide%20-%20pest%20management%20laws,%20act,%20regulations/Pages/Pesticide---Pest-Management-Laws--Act--Regulations.aspx https://www.sccgov.org/sites/ipm/resources/legislative-policy%20framework/pesticide%20-%20pest%20management%20laws,%20act,%20regulations/Pages/Pesticide---Pest-Management-Laws--Act--Regulations.aspx

A. Hard-copy method – The COR or designee shall provide the hard/electronic copy of document work orders (i.e. “G.Pest Request”) to the Contractor upon arrival to Bldg. 6 or via electronic means.

B. Fax-copy method – The COR or designee may elect to fax the daily work orders to the Contractor. The Contractor shall provide a FAX number to the COR within 5 days after award of contract.

C. Email method – The COR or designee may email daily work orders (i.e. g.pest) via email.

Returning Completed Work Orders – After completion of services, the Contractor shall notify the COR or designee within 24 hours (excluding weekends and holidays)

5.9 Recurring Services

The Contractor shall provide a schedule based on a site survey as to when weekly and monthly inspections shall occur. The schedule shall be given to the COR within the first 30 days after award of contract. The schedule shall be approved by the COR. The weekly and monthly inspections are as follow:

A. Weekly Inspections. The Contractor shall conduct weekly inspections, provide the necessary corrective actions, and document/record all actions in the log book located at the following locations:

1) Palo Alto Division – 7 locations: Bldg. 100, Operation Room; Bldg. 100, Respiratory; Bldg.

100, G.I. Clinic; Bldg. 100, SPS; Bldg. 100, Food Services; Bldg. 100, Canteen; Bldg. 54, Animal Research. Locations may be changed to meet operational needs.

2) Menlo Park Division – 3 locations: Bldg. 329, Food Service; Bldg. 334, Canteen; Bldg. 371, SPS

Contractor shall perform services in all kitchens between 2:30 to 3:30 pm.

B. Monthly Inspections. The Contractor shall conduct monthly inspections, provide the necessary corrective actions, and document/record all actions in the log book located at the following locations;

1) Palo Alto Division, Bldg. 50, Warehouse

2) Menlo Park Division, Bldg. 371, Warehouse

3) Mountain View Center, #801

5.10 Unscheduled Contingency Work

The Contracting Officer’s Representative (COR) shall direct up to 24 times per year of Unscheduled Contingency Work in situations where urgent pest situations have occurred. In case of an emergency, the contractor requires providing pest control service within four (4) hours after contingency work is requested. If the vendor is unable to respond within four hours, the VA reserves the right to obtain these services from another vendor.

5.11 Required Contractor Reporting:

A. All IPM services performed by the contractor during the work shift shall be documented in writing.

B. The Contractor shall supply, complete and submit a monthly chemical usage report to the COR or designee.

C. The Contractor shall be required to furnish to the COR the Material Safety Data Sheets (MSDS) or equivalent and the trade names (if any) and names of chemicals to be used in the performance of this contract prior to initial application.

5.12 Contractor Qualifications

A. The Contractor personnel shall be California certified pesticide applicators to perform under this contract. The Contractor shall furnish a copy of State certification (current Certificates of Competency in Pest Management in any and all categories or sub-categories as identified by the State of California) to the COR after award but prior to the performance of work.

B. The Contractor personnel shall wear an appropriate and professional uniform with the company’s logo/name and nametag.

C. When there is more than one technician performing services, one of the technicians must be fully certified in Pest Management categories. A non-certified technician may assist the certified technician in the performance of the work if the non-certified technician is either with the certified technician or they are within direct line of sight to the certified technician. The certified technician shall assume all responsibility for the non-certified technician.

D. During the period of performance, if the Contractor proposes to add-on or replace personnel, the Contractor shall submit the California Pesticide Applicator Certificate to the COR before starting work. At no time shall the Contractor utilize add-on or replacement personnel who do not meet the certification of this contract.

5.13 Contractor Contingency Plan.

The Contractor shall have a contingency/back-up plan in the event, the Contractor is unable to perform services or have services performed as required. The Contractor shall immediately notify the COR or designee and provide a justification for non-performance and institute the contingency and/or back-up plan as quickly as possible

5.14 Special Provisions

The following provisions shall be adhered to by the Contractor in performing pesticide applications of the areas specified below:

A. Food Handling Areas: Treatment of these areas are limited to only times when food is not being held, processed, prepared, served and while not occupied by facility employees. The Contractor shall at no time enter facility elevators which are occupied by food service equipment while in the possession of pesticides or application equipment.

B. Patient Occupied Areas: Contractor shall use pesticides with as low a volatility and as odor-free as possible to keep odor levels from affecting patients.

C. Critical Areas: The Contractor shall submit a list of pesticides for intended use in areas listed below to the COR prior to any application. The planned use of pesticides in these areas requires recognition of the attendant hazards to occupants’ supplies, equipment and surfaces. No substitution can be made at any time without the approval from the COR. In all critical areas the Contractor shall document work completion and keep a record in the critical areas as required by office of the investigator general.

D. Critical Areas:

Pharmacy Respiratory Care Areas Research Facilities Supply Processing Distribution Operating Rooms Intensive Care Units Canteen Kitchens Dietetics Kitchens GI (Gastrointestinal) Clinics Patient Areas

5.15 Residual Treatment:

During regular scheduled visits, the Contractor shall apply residual insecticides by the crack and crevices method only, for control of roaches, at least once every month to kitchens, etc., however, not when food preparation is in progress, food is exposed and food contact surfaces are not covered. Pesticides must be approved and registered by the EPA and must be used in accordance with the instructions on the label.

When necessary, the Contractor shall be accompanied by the COR or designee who shall indicate special areas to be serviced and cover machines and equipment as needed.

5.16 Restrictions on Pest Control Materials:

A. All rodenticides, traps or bird repellents shall be placed only at times and in areas approved by the COR or designee and unused portions shall be recovered at the latest by a time limit set by the COR or designee.

B. The use of rodenticides other than Chlorophacinone, Scilliroside, Brodifacoum, Cholecalciferol, shall be restricted to locations specifically provided for by the COR.

C. The Contractor shall be required to furnish to the COR initial application of pesticides and rodent control chemicals, sample labels, names of chemicals to be used in the performance of this contract. This information is required by the Medical Service for emergency treatment in the event of ingestion of and/or contact with the material by humans. A list of products and antidotes, Material Safety Data Sheets (MSDS) supplied/required by the Contractor and as required by this paragraph, should be maintained in the Pharmacy and in the Evaluation and Admissions Unit, where an antidote, if required, can be made readily available.

5.17 Schedule of Service

The contractor shall provide a schedule of services for each location listed in section 1.3. The schedule must list all building within each location (there are several at Palo Alto and Menlo Park). The schedule must state the frequency and the day of the week that the services will be performed

5.18 Verification of Services Performed

The Contractor shall have a system that verifies the certification of individuals providing pest services to VAPAHCS. The contractor shall make this system available for review by the COR. The system may consist of a booklet or binder to verify work performed. An electronic system will be allowable as well.

5.18 Quality Assurance Surveillance Plan

A. The Government will monitor the contractor's performance using the Contractor’s Basic Quality Control Program and Quality Assurance Surveillance Plan (QASP) as established by the COR.

B. The QASP is a systematic method used by the Government to evaluate Contractor’s actions and performance based on Performance Work Statement requirements. The QASP is designed to provide an effective method of monitoring contractor performance for each listed objective on the PWS. A QASP is based on the premise the Government desires to maintain a quality standard in providing pest control services.

5.19 Safety Requirements:

A. The Contractor shall take precautions as the COR or designee may determine to be reasonably necessary to protect the lives and health of occupants at this Medical Center. The COR or designee shall notify the Contracting Officer (CO) of any non-compliance with the terms of the contract. Upon receipt of a Letter of Concern, the Contractor shall correct deficiencies and provide a corrective action letter to the CO.

B. The Contractor shall be responsible to ensure that employees take all necessary safety precautions appropriately in the performance of services i.e. wearing proper face mask, breathing apparatus, clothing, etc. The Contractor shall be responsible to insure employees receive up-to-date training concerning the latest EPA, Federal, State and local regulations.

5.20 Interference to Normal Functions

The Contractor shall be required to interrupt their work at any time so as not to interfere with the normal functioning of the facilities, fire protection systems and pass of facility patients personnel, equipment and carts.

5.21 Storage of Pest Control Materials

No pest control materials or equipment shall be stored at any VA installation when the operator is not working.

5.22 Call Back Requirement

If a treatment is inadequate (as per specifications), the Contractor shall return (within four (4) hours after receipt of notification by the COR) to retreat previously treated area.

Section 6: Attachments

Attach #1 Quality Assurance Surveillance Plan

Attach #2 Wage Determinations

15-5619 (rev 5) Stanislaus 15-5623 (rev 6) Alameda 15-5633 (rev 5) Monterey 15-5637 (rev 8) San Mateo 15-5641 (rev 6) Santa Clara 15-5649 (rev 5) Santa Cruz 15-5653 (rev 5) San Joaquin 15-5665 (rev 6) Tuolumne

A.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

A.3 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

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

may be an evaluation factor.

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

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

g. If a 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;

(1) 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

(2) 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 3 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 3 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 vulnerablity 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…