36C26120Q0558.docx

36C26120Q0558

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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

662-21-1-402-0001 36C26120Q0558 09-01-2020 Licia Haynie Licia.Haynie@va.gov 808-539-1303 09-10-2020 16:00 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu

HI

96819-1522 X 624229 $16.5 Million N/A X "See Delivery Schedule"

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Healthcare System 3375 Koapaka ST SUITE F250 Honolulu

CA

96819

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

TX

78714-9971 See CONTINUATION Page Contractor shall provide Housing Support Specialist(s) at 250 Kearny St in accordance with the Performance Work Statement to support San Francisco VA Medical Center HUD VASH Program This soliciation is being conducted under the authority of FAR Parts 12 and 13 and VAAR 873.

See Price Schedule for Items Sole Source 5yr IDIQ: Ordering Period: 10/1/20 - 9/30/25 *See 52.212-1 for submission instructions.* X Joleo Dianala Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

36C26120Q0558

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B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

Network Contracting Office (NCO) 21 459 Patterson Rd Honolulu, HI 96819 Licia.Haynie@va.gov

c. If you do not receive a response, please use an the following alternate email NCO21MedicalSharingTeam@va.gov with the persons name in the subject line.

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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. Invoices shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may be changed during the Period of Performance of this acquisition. Current invoicing information is located at https://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

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

AMENDMENT NO DATE

PERFORMANCE WORK STATEMENT

HOUSING SUPPORT STAFF (HSS) SERVICES

1. INTRODUCTION

The Department of Veterans Affairs (VA), San Francisco VA Health Care System (SFVAHCS) and the City and County of San Francisco collaborate to provide permanent, supported housing for eligible Veterans at 250 Kearny Street apartment building through the Housing and Urban Development (HUD) -Veterans Affairs Supported Housing (VASH) program (HUD-VASH). HUD and VA programs have partnered since 1992 to establish the HUD-VASH program—a key component of the VA’s plan to end Chronic Homelessness Amongst Veterans. HUD and VASH’s collaborative mission aims to move Veterans and their families out of homelessness to safe, affordable, permanent housing, ending the cycle of homelessness. HUD-VASH operates across the 50 states, the District of Columbia, Puerto Rico and Guam.

HUD’s contribution to the Kearny housing project is the allocation of rental subsidies from its Housing Choice Voucher Program (Section 8) administered through the Public Housing Authority (PHA). The City and County of San Francisco leases the building, provides property management and supportive services at this building. The VA contribution is the provision of clinical services to HUD-VASH enrolled Veterans to acquire and retain housing, to facilitate the attainment of recovery goals, and linkage to the VA and community services through clinical services. These clinical services include social work, case management, nursing and other ancillary services to address mental health, substance abuse and psychosocial needs. Since Kearny houses a large number of Veterans with complex needs, the City and County of San Francisco provides space during regular business hours for these providers to maximize the availability of clinical services to the Veterans, to maintain a presence in the building for access to providers to address acute and ongoing needs.

Authority: VHA DIRECTIVE 1501 under Title 38 United States Code (U.S.C.) 7301(b); 38 U.S.C. Chapter 20 and VHA DIRECTIVE 1162.05 under 38 United States Code (U.S.C.) 2003(b). This Veterans Health Administration (VHA) directive establishes policy procedures for the Housing and Urban Development (HUD) Department of Veterans Affairs Supportive Housing Program (HUD-VASH) and sets forth the national authority and responsibilities for the Department of Veterans Affairs (VA) portion of administration, monitoring, and oversight of these services.

2. GENERAL INFORMATION

The contractor shall ensure delivery of all personnel, equipment, tools, materials, transportation, management, supervision, quality control and labor necessary to perform Housing Support Staff (HSS) services in accordance with this Performance Work Statement (PWS). Contractor shall ensure these services in partnership with local non-profit and private grantees as needed.

3. DEFINITIONS AND DESCRIPTION OF SERVICES

The contractor shall provide Housing Support Staff (HSS) services consisting of five main functions.

3.1 Veteran Support - The contracted Housing Support Specialist (HSS) shall provide 24 Hour coverage within the building located at 250 Kearny Street, San Francisco, CA through performance of the following specific tasks:

1.

2.

3.

3.1.

3.1.1. Provide 24-hour coverage of the building to develop and maintain community, including: monitoring of tenant/visitor inflow and outflow, sharing information about client needs with the VA clinical providers, managing tenant issues if VA clinician is not on-site and reporting to VA clinical staff for coordination.

3.1.2. Conduct outreach to households to support Veteran housing stability, including disseminating information about the building and community resources. Conduct outreach to households experiencing instability in coordination with VA clinical providers and the on-site supportive services.

3.1.3. Address tenant disagreements as needed, providing mediation services as needed and reporting all incidents to VA clinical staff.

3.1.4. Use a housing-first model to focus on housing stability in resident interactions.

3.1.5. When tenant safety is at risk, call 911 emergency services as needed.

4. PLACE OF PERFORMANCE

4.1. The contractor shall perform HSS services for eligible beneficiaries (Veterans) of the San Francisco VA Medical Center (SFVAMC) housed at 250 Kearny Street, San Francisco, CA

4.2. Facility location and capability – The Contractor must submit the address of the place of residence in compliance with PWS. The Contractor must provide proof of ownership/control of the facility and proof of certificate of occupancy (or other type of state licensure). The Contractor must provide the facility size, capacity, and confirm that it provides ADA access and supports homeless individuals with co-occurring disorders.

4.3. The contracted HSS shall be required to perform the following tasks: assuring visitors are appropriately screened observing and reporting any safety and behavior issues to VA staff.

5. QUALIFICATIONS

5.1. Housing Support Staff (HSS)

5.1.1. Contractor staff shall have a general understanding of mental health and substance abuse signs and symptoms and basic counseling/communication skills.

5.1.2. HSS Specialist must have a High School diploma or General Education Diploma (GED)

5.2 License

No specific license required

5.3 Standard Personnel Testing (PPD, etc.)

Contractor shall provide proof of a negative reaction to PPD testing for all contract staff. A negative chest radiographic report for active tuberculosis shall be provided in cases of positive PPD results. The PPD test shall be repeated annually.

5.4 National Provider Identification (NPI)

Not required

5.5 DEA (as required)

Not required

5.6 Conflict of Interest

The Housing Support Service staff should immediately inform the contractor if the HSS staff had any type of relationship prior to the tenant residing in this building including the nature of the relationship. The contractor must inform the VA HUD-VASH supervisor to determine the best course of action to avoid any issues and can even result in reassignment to another setting of the contractor's choice. The HSS are expected to maintain professional boundaries. The HSS staff are not allowed to do favors for Veterans, borrow/lend money, provide or accept gifts, develop relationships that extend outside of the building, spend significant time with any particular Veteran unless for professional reasons and adhere to the rules listed under Security in this document.

5.7 Citizenship Related Requirements

5.7.1. The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

5.7.2 While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all "E Verify" requirements consistent with "Executive Order 12989" and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

5.7.3 If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S. Department of Labor, shall be prohibited from working at the Contractor's place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

5.7.4 This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

5.7.5 The Contractor agrees to obtain a similar certification from its subcontractors. The certification shall be made as part of the offerors response to the RFP using the subject attachment in Section D of the solicitation document.

5.7.6 Annual Office of Inspector General (OIG) Statement: In accordance with HIPAA and the Balanced Budget Act (BBA) of 1977, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.

5.7.7 Therefore, Contractor shall review the HHS OIG List of Excluded Individuals/Entities on the HHS OIG website to ensure that the proposed contract physician(s) are not listed. Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) for each item or service furnished during a period that the person was excluded and may also be subject to treble damages for the amount claimed for each item or service. CMP's may also be imposed against the Contractor that employ or enter into contracts with excluded individuals to provide items or services to Federal program beneficiaries.

5.7.8 By submitting their proposal, the Contractor certifies that the HHS OIG List of Excluded Individuals/Entities has been reviewed and that the Contractors are and/or firm is not listed as of the date the offer/bid was signed.

5.8 Non-Personal Healthcare Services

The parties agree that the Contractor and all contract staff shall not be considered VA employees for any purpose.

5.9 Inherent Government Functions

Contractor and Contract staff shall not perform inherently governmental functions. This includes, but is not limited to, determination of agency policy, determination of Federal program priorities for budget requests, direction and control of government employees (outside a clinical context), selection or non-selection of individuals for Federal Government employment including the interviewing of individuals for employment, approval of position descriptions and performance standards for Federal employees, approving any contractual documents, approval of Federal licensing actions and inspections, and/or determination of budget policy, guidance, and strategy.

5.10 No Employee status

The Contractor shall be responsible for protecting Contract staff furnishing services. To carry out this responsibility, the Contractor shall provide or certify that the following is provided for all their staff providing services under the resultant contract:

5.10.1 Workers' compensation

5.10.2 Professional liability insurance

5.10.3 Health examinations

5.10.4 Income tax withholding, and

5.10.5 Social security payments.

5.11 Contingency Plan: Due to the importance of continuity of services, the Contractor shall have a contingency plan in place to be utilized if the contract staff(s) leaves Contractor's employment or is unable to continue performance in accordance with the terms and conditions of the resulting contract.

5.12 Hours of Operation

5.12.1 The facility will be staffed 7 days a week, 24 hours per day including holidays. Coverage is expected 365 days per year. Contractor shall be responsible for maintaining adequate staffing and have plans that will provide for back-up coverage when necessary. Vacation/Sick leave and absences shall be the responsibility of the contractor.

5.12.2 A minimum of 2 contract staff, with at least 1 staff member expected to monitor Veterans/visitors entering and exiting the building. The additional staff is available on the 5 residential floors to address Veteran/building needs. Contractor is responsible for ensuring sufficient staff during periods of high activity based on the needs of the Veterans in the property. Cancelling/Rescheduling: Unless a state of emergency has been declared, the Contractor shall be responsible for providing services.

6. CONTRACTOR RESPONSIBILITIES

6.1. Contractor shall provide on-site housing support staff that will provide site coverage 24 hours a day, seven days a week, 365 days per year.

6.1.1. Contractor shall provide coverage of the building entrance, community spaces and hallways as a means to outreach and engage building tenants.

6.1.2. Daily Veteran wellness check log; if Veteran not seen in three days, will notify VA clinical providers

6.1.3. Contractor shall engage residents following a harm reduction model. Services offered are voluntary.

6.1.4. Contractor will post and disseminate building and community resources

6.1.5. Contractor shall establish monthly community meetings for the tenants

6.1.6. Maintain pertinent logs for Veteran identification, room numbers

6.1.7. Contractor shall maintain confidential client files that document client information, tracking and reporting incidents and outcomes.

6.1.8. VA staff and designated Housing Support staff meet weekly.

6.2 Standards of Practice: Contractor shall be responsible for meeting or exceeding VA and Joint Commission (or equivalent) standards.

6.3 Release of Information

6.3.1 The HSS staff will not have access to Veteran medical records. They will however know the Veterans name and may have information about the functioning of the Veteran due to their contact and observations. The HSS are also expected to relay information to VA clinical staff regarding residents' behavior and issues verbally and in a log/shift written communication. This information is to be locked in a safe place and only the VA clinical staff and HSS staff will have access to this information. No information about the tenants is to be shared with the other residents or anyone outside of the VA and HSS staff. Information that may need to be relayed in emergency situations is allowable and only information that is specific to the incident shall be disclosed.

6.3.2 HIPAA: This contract and its requirements meet the exception in 45 CFR 164.502(e), and therefore does not require a Business Associate Agreement (BAA) in order for Covered Entity to disclose Protected Health Information to: a health care provider for treatment. Based on this exception, a BAA is not required for this contract. Treatment and administrative patient records generated by this contract or provided to the Contractors by the VA are covered by the VA system of records entitled 'Patient Medical Records-VA' (24VA19). Contractor generated VA Patient records are the property of the VA and shall not be accessed, released, transferred, or destroyed except in accordance with applicable laws and regulations. Contractor shall ensure that all records pertaining to medical care and services are available for immediate transmission when requested by the VA. Records identified for review, audit, or evaluation by VA representatives and authorized federal and state officials, shall be accessed on-site during normal business hours or mailed by the Contractor at his expense. Contractor shall deliver all final patient records, correspondence, and notes to the VA within twenty-one (21) calendar days after the contract expiration date

6.3.3 Release of Information: The VA shall maintain control of releasing any patient medical information and will follow policies and standards as defined, but not limited to Privacy Act requirements. In the case of the VA authorizing the Contractor to release patient information, the Contractor in compliance with VA regulations, and at his/her own expense, shall use VA Form 3288, Request for and Consent to Release of Information from Individual's Records, to process "Release of Information Requests." In addition, the Contractor shall be responsible for locating and forwarding records not kept at their facility. The VA's Release of Information Section shall provide the Contractor with assistance in completing forms. Additionally, the Contractor shall use VA Form 10-5345, Request for and Authorization to Release Medical Records or Health Information, when releasing records protected by 38 U.S.C. 7332. Treatment and release records shall include the patient's consent form. Completed Release of Information requests will be forwarded to the VA Privacy Officer.

6.4 Direct Services: Contractor shall provide HSS staff to support Veteran integration into their personal independent housing units and building and invite Veterans to access services as identified below.

6.4.1 Housing Support Services Staff

6.4.1.1 HSS Staff shall provide client engagement following a harm reduction model.

6.4.1.2 HSS Staff shall use effective communication and de-escalation skills as needed. The HSS Staff will work with the VA clinical staff and follow the resident’s VA treatment plan to support recovery and life skills.

6.4.1.3 HSS Staff shall facilitate and assist in organizing social events and Veteran activities.

6.5 Administration: Contractor shall assure any safety issues are addressed and logged for follow-up with the property manager.

6.5.1 Housing Support Services Staff

6.5.1.1 Contractor shall provide on-site HSS Staff for 24 hours a day, seven days per week coverage. Employee breaks will be covered at all times to assure the appropriate oversight.

6.5.1.2 Contractor shall provide coverage of the entrance, community spaces and hallways as a means to interact with and outreach to building tenants.

6.5.1.3 Community rules will be explained to Veterans new to the building. HSS Staff will assist Veteran integrating into the building and review supports offered through the HUD-VASH program.

6.5.1.4 Contractor shall be familiar with all building residents and resident floor assignments.

6.5.1.5 Contractor shall be courteous and helpful to the residents and the on-site staff at all times.

6.5.1.6 Contractor shall make contact with agencies for emergency situations including 911, fire department etc.

6.5.1.7 Contractor shall maintain mandatory sign-in and sign-out sheets for visitors and other related required documentation.

6.5.1.8 Contractor shall complete written reports as requested.

6.5.1.9 Contractor shall look for suspicious or unauthorized persons, and maintain all building rules and expectations, including the guest policy and emergency response policy.

6.5.1.10 Contractor shall maintain a clean and organized work area, lobby area, and keeps front door area free of any debris or hazards.

6.5.1.11 Contractor shall answer and direct incoming phone calls, takes written messages and forwards to appropriate parties.

6.5.1.12 Contractor shall meet daily Monday through Friday excluding Federal Holidays with the assigned VA clinical staff to review issues with the Veterans.

6.5.1.13 Contractor shall assure the safety of the tenants is maintained at all times, including tidying lobby, managing the check in/out of community items.

6.5.1.14 Contractor shall manage checking in and out of community items, such as community television remote control.

B.2 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 10 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 15 days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

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

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…