36C26119Q0827-001.docx

36C26119Q0827

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

640-19-3-4438-0033 36C26119Q0827 08-01-2019 Larry Facio

(916) 923-4553 08-22-2019 4:00pm

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609 X X 518210 $27.5 Million X N/A X VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209 McClellan CA 95652

612MCP

Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 Contractor Is To Provide Information System Dashboard Support for VAPAHCS - Program Evaluation and Resource Center

640-3690152-4438-861500-2517 SP3FFP1A4

X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 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:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Shall Provide Information System services to maintain, manage, monitor, trouble-shoot, and optimize data systems supporting National Dashboards for the Program Evaluation and Resource Center (PERC) per Statement of Work. (Approximately 2,080 Hours of Service Per Year).

Contract Period: Base POP Begin: 09-02-2019 POP End: 09-01-2020

Contract Shall Provide Information System services to maintain, manage, monitor, trouble-shoot, and optimize data systems supporting National Dashboards for the Program Evaluation and Resource Center (PERC) per Statement of Work. (Approximately 2,080 Hours of Service Per Year).

Contract Period: Option 1 POP Begin: 09-02-2020 POP End: 09-01-2021

Statement of Work Clinical Decision Support IS VA Palo Alto Health Care System

Section 1: General Information

1.1 General: This is a non-personal services contract to provide services to maintain, manage, monitor, trouble-shoot, and optimize data systems supporting National Dashboards and Clinical Decision Support (CDS) tools. The overall effort is to support quality improvement initiatives for mental or behavioral health treatment and suicide prevention for the Program Evaluation and Resource Center (PERC) of the Office of Mental Health and Suicide Prevention, Department of Veterans Affairs. Services include medical informatics design, optimization, implementation, and documentation using Microsoft products, and project management support of PERCs monthly clinical informatics development cycle.

1.2 Period of Performance:

1.3 Place of Performance:

VA Palo Alto Health Care System - Menlo Park Division 795 Willow Road, Building 324 Menlo Park, CA 94025

1.4 Type of Contract: The government will award a Firm-Fixed Price Contract

1.5 Estimated Workload: On an annual basis there is an anticipated 2080 hours of required services.

1.6 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:

Clinical Decision Support (CDS). Provides clinicians, staff, patients or other individuals with knowledge and person-specific information, intelligently filtered or presented at appropriate times, to enhance health and health care. CDS encompasses a variety of tools to enhance decision-making in the clinical workflow.

Contracting Officer. The person with the authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government Contracting Officer Representative/Designated Representative. As delegated by the Contracting Officer; Responsible to approve and submit invoices, Maintain written and oral communications with the Contractor concerning technical aspects of the contract; Communicate with the Contracting Officer and the Contractor of any deficiencies; Coordinate availability of government furnished property; Provide site entry of Contractor personnel; Monitor and inspect Contractor’s performance Does not have authority to make changes in cost or price, estimates or changes in delivery dates and cannot authorize changes to any of the terms and conditions of the resulting order.

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.

2.2 Acronyms:

Section 3: Government Furnished Property, Equipment, and Services Contractor shall have desk or cubicle work area and access to VA Computer and telephone when work is conducted on-site at the VA Menlo Park campus. Contractor must provide VA compatible computer, software, and telephone if work is to be conducted virtually.

Section 4: Contractor Furnished Items and Services Contractor must provide VA compatible computer, software, and telephone if work is to be conducted virtually.

Section 5: Specific Tasks

5.1 Create and deploy a documentation system and documentation content(s) to support requirements across PERC-supported products. The goal is to have technical documentation that facilitates communication between developers within PERC and with broader VA. The documentation system and content(s) must meet the following requirements:

5.1.1 Have a central location with good usability standards and easy visualization, navigation, and structure.

5.1.2 Enable highlighting of latest updates.

5.1.3 Search function that identifies words in title or within the documents.

5.1.4 Allow access by PERC and non-PERC staff on an internal VA server with permissions that use Windows certificates.

5.1.5 Distinguish and maintain designated access controls between documentation accessible only by PERC staff and documentation accessible by the broader VA.

5.1.6 Create documentation guided per PERC staff, such as outlining the Clinical Decision Support (CDS) architecture, data dictionaries for tables and datasets, best practices for developers, project specific definitions and FAQs, templates for planning and validation, as well as other support documentation necessary.

5.1.7 Be easy to access for editing of the documentation with version control by PERC staff.

5.1.8 Allow PERC staff to share documentation efficiently with non-VA entities to support collaboration with partners outside the VA such as the Department of Defense and Cerner Corporation.

5.2 Support orientation and training of non-PERC partners to PERC products, data architecture, project management, coding, and validation practices.

5.2.1 Package documentation of CDS products and architecture for sharing with the Department of Defense and Cerner Corporation.

5.2.2 Provide orientation to PERC training materials for new staff and partners.

5.2.3 Report questions encountered in training that currently are not yet addressed in documentation to the PERC CDS team and PERC leadership.

5.3 Actively conduct daily monitoring of PERC CDS processing which include SQL queries, jobs, and CDS reports to facilitate troubleshooting system performance issues.

5.3.1 Review daily reports and logs that monitor the PERC CDS system and notify the PERC CDS team of any problems.

5.3.2 Follow up daily on the implementation of solutions for identified problems.

5.3.3 Evaluate improvements to current Reports and notify PERC CDS team of performance issues, validity concerns, or errors in functionality.

5.3.4 Conduct an intensive review of PERC CDS processes and report functionality daily for the first 3 calendar days following release of a monthly sprint.

5.4 Develop/Improve code and validation processes, implementing best practices to evaluate impact on performance and accuracy of code updates.

5.4.1 Create a report/method to monitor changes between CDS production and CDS development environment.

5.4.2 Create validation templates that incorporate best practices for evaluating impacts on CDS system in terms of performance, dependencies, database structure, data accuracy, and other effects.

5.4.3 Create a validation tasks management report/method that incorporates best practices and is linked to changes in the CDS development environment. The report should include a visualization of all validation requirements, developer lead, validation lead, timeline, and status.

5.4.4 Monitor validation tasks weekly then daily during the two (2) weeks prior to deployment for timely completion and to inform readiness of CDS development environment for deployment to production with each sprint.

5.5 Provide project management support for CDS development cycles.

5.5.1 Create monthly schedules and timelines for CDS development cycles.

5.5.2 Work with the PERC CDS team to translate monthly deliverables into stories in JIRA. Ensure deliverables are adequately designed and specified to enable full development and validation prior to initial implementation. Bring questions to the PERC CDS team or PERC leadership to clarify specifications as needed.

5.5.3 Track progress on monthly deliverables in JIRA through coordination with the PERC CDS team. Facilitate communication between developers. Report delays, barriers or contingencies to PERC leadership at bi-weekly meetings and adjust timelines and deliverable plans as needed.

5.5.4 Facilitate biweekly team meetings and take minutes, including status updates, action plans, and action item hand-offs (e.g. code validation and feedback cycles).

5.5.5 Ensure all action items are tasked to a team member, and follow-up to ensure completion within the development cycle. Report highlights of status meetings to PERC leadership as needed.

Section 6: Deliverables

6.1 Progress report on Documentation system and content development (bi-weekly).

6.1.1 Define Documentation system and content development method (1 month from the beginning of the contract).

6.1.2 Create documentation content for Clinical Decision Support (CDS) system, data dictionaries for tables and datasets, best practices for developers, project specific definitions and FAQs, templates for planning and validation (6 months from the beginning of the contract).

6.1.3 Training of PERC staff on how to maintain and update the documentation system (8 months from the beginning of the contract).

6.2 Consolidated documentation for each of PERC’s CDS products for sharing with PERC partners (every 3 months from the beginning of the contract).

6.2.1 List of PERC partners oriented to CDS systems, including demonstration of effective knowledge and skill transmission (every month from the beginning of the contract).

6.3 Daily monitoring of PERC CDS System (daily Monday through Friday).

6.3.1 Communication about problems to the PERC CDS Team (daily Monday through Friday)

6.3.2 Tracking of solutions to identified problems (daily Monday through Friday)

6.3.3 Assessment of improvements to monitoring process (2 months from the beginning of the contract)

6.4 Progress report on validation improvement process (bi-weekly)

6.4.1 Pilot of validation improvement process (4 months from the beginning of the contract).

6.4.2 Deployment of full system monitoring report (6 months from the beginning of the contract).

6.4.3 Training of PERC staff on optimized validation and performance processes and systems (8 months from the beginning of the contract).

6.5 Monthly sprint documentation including:

6.5.1 Sprint schedule (due 1 week before start of sprint)

6.5.2 JIRA stories to complete deliverables as defined by PERC leadership in the week prior to the start of sprint (due first week of sprint).

6.5.3 Meeting minutes for regular PERC CDS team meetings and for ad hoc or scheduled meetings between the contractor and the PERC CDS team or between the contractor and PERC (no more than 3 meetings per week).

Section 7: Required Experience/Qualifications

7.1 Project personnel must include team members with at least 3 years of experience and expertise with design of clinical tools and reports and use of Microsoft products as described in Section 7.2 in VA systems, including the VA Corporate Data Warehouse (CDW).

7.2 Project personnel must include team members with at least 3 years of experience and expertise using Microsoft products including:

7.2.1. SQL (Structured Query Language)

7.2.2 SSIS (SQL Server Integration Services)

7.2.3 SSRS (SQL Server Reporting Services)

7.2.4 PowerShell

7.2.5 TFS/VSDT (Team Foundation Server/Visual Studio Design Tools)

7.3 Project management personnel must include team members with at least 3 years of expertise with agile software development and maintenance practices including:

7.3.1 Sprint design and management

7.3.2 JIRA-based project tracking and management

7.4 Included Key personnel shall have at least 3 years’ work experience in deploying data warehouse-based clinical decision support tools (CDS) within VA platforms including, but not limited to, data extraction, clinical reasoning, and interface design. By clinical decision support this contract refers to SQL based reports that aggregate complex clinical data from large populations of patients and present actionable data at the point of care.

7.4.1 Included Key personnel shall have experience in design and testing of data-warehouse based clinical decision support systems for use in primary care and mental health settings. Experience working with clinical data related to opioid and psychotropic prescriptions and safety protocols, and mental health assessments are highly desirable.

7.4.2 Included Key personnel shall have knowledge of monitoring the performance of data extraction, transformation, and presentation systems to support deployment of clinical decision support.

7.4.3 Included Key personnel shall have experience working with sensitive protected health information specifically related to mental health conditions and substance use disorders.

7.4.4 All personnel shall have excellent interpersonal skills and sensitivity to clinical decision support usability, demonstrated by work experiences as a member of a collaborative team that has implemented and supported deployment of clinical decision support tools within operational clinical environments.

7.4.5 All personnel shall have data security, record retention, and medical record privacy policy expertise. All personnel must obtain Without Compensation (WOC) status within 45 days of contract initiation. This designation identifies that the individual is not on the VA employee payroll but allows them access to VA data systems and other resources. The contractor shall receive prior approval from VA and PERC prior to hiring subcontractors.

Section 8: Reporting Requirements

8.1 The Contractor shall provide the Contracting Officer’s Representative (COR) and the Contracting Officer with Monthly Progress Reports in electronic form in Microsoft Word or Microsoft Project formats.

8.1.1 Progress Reports should encompass the information provided in the Deliverable schedules and should address progress and summary of the completed sprint, documentation developed and partners trained.

8.1.2 Progress Reports shall reflect the status of progress as of the last day of the preceding month and will be submitted no later than 5 business days after the end of the preceding month.

8.2 The Monthly Progress Reports shall cover the number of hours and all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including their plan and timeframe for resolving the issue. The Contractor shall keep in communication with the COR or designated representative accordingly so that issues that arise are transparent to both parties to prevent escalation of outstanding issues.

8.3 The vendor shall submit a monthly invoice, documenting the number of hours completed during this reporting period. The invoice shall be submitted no later than 5 business days after the end of the preceding month.

Section 9: Contractor’s Quality Control Program

9.1 The Contractor shall establish and maintain quality control to ensure all contract requirements are met. An original and one (1) copy of the Quality Control Plan (QCP) shall be forwarded to the COR and the Contracting Officer within two (2) weeks of contract award for approval. The COR and Task Managers will review the QCP and list any needed clarifications and return to the Contractor for response, if necessary.

Section 10: Task Manager Quality Assurance Monitoring:

10.1 Task managers Dr. Jodie Trafton or Dr. Susana Martins shall meet at least once a month to review work completed and review delivery dates.

10.2 Task managers shall review work for completion on a bi-weekly basis and provide monthly feedback to COR for tracking in contractor folder.

10.3 COR shall ensure contractor meets all delivery dates.

Section 11: Training

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

The C&A requirements do not apply, and a Security Accreditation Package is not required

Section 12: Security Requirements The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

12.1. 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.

12.2. 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.

12.3. 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 COTR.

12.5. Information System Hosting, Operation, Maintenance, or Use

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the 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.

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 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.

f. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

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

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

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

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

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

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

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

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

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

12.6. Security Incident Investigation

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR 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.

12.8. Security Control Compliance Testing

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.

Section 13: References and Attachments

13.1 VHA Directive 0710, Personnel Security and Suitability Program is available at: https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8110

13.2 VA HANDBOOK 6300 - U.S. Department of Veterans Affairs is available at: https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=20&FType=2

13.3 VA Handbook 6500.6, Contract Security, Appendix C is available at: https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=485&FType=2

Attach #1 Business Associate Agreement 36C26119Q0827 Attach #2 Wage Determinations: San Mateo (Menlo Park) Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] [] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i)…