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. UEI: EFT:

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. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

570-27-1-516-0001

36C26126Q0597 07-20-2026

Cynthia Diezel Cynthia.diezel@va.gov 916-923-4567 08-06-2026

10AM PDT

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

X 100

X

561421

$19 Million

N/A

Reference the Performance Work Statement

612MCP

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Contractor to provide eleven (11) telephone operator / switchboard operators for VA Central California Health Care

System (VACCHCS)

Period of Performance: 10/01/2026 - 09/30/2031

Base Year: 10/1/2026 - 09/30/2027

Option Year 1: 10/1/2027 - 09/30/2028

Option Year 2: 10/1/2028 - 09/30/2029

Option Year 3: 10/1/2029 - 09/30/2030

Option Year 4: 10/01/2030 - 09/30/2031

WD 2015-5609

See CONTINUATION Page

570-3670152-516-841600-2580 010041079

Cynthia Diezel

Contracting Officer

36C26126Q0597

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PERFORMANCE WORK STATEMENT

B.4 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.7 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

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

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

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly in arrears

4. GOVERNMENT INVOICE ADDRESS: Invoices will be electronically submitted to the Tungsten website at http://www.tungstennetwork.com/uk/en/ Tungsten direct vendor support number is 877-

489-6135 for VA contracts. The VA-FSC pays all associated transaction fees for VA orders. During

Implementation (technical set-up) Tungsten will confirm your Tax Payer ID Number with the VA-

FSC. This process can take up to 5 business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your

Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements. For additional information, please contact:

Tungsten Support

Phone: 1-877-489-6135

Website: http://www.tungsten-network.com/uk/en/

Department of Veterans Affairs Financial Service Center

Phone: 1-877-353-9791 Email: vafscched@va.gov

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

mailto:vafscched@va.gov

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

96,360.00 HR __________________ __________________

Telephone Answering Services: 11 Operators, Hours of Operation

Sun-Sat, 12:00am-11:59pm (7 days, 24 hour coverage)

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561421 - Telephone Answering Services PRODUCT/SERVICE CODE: R426 - Support - Professional:

Communications

MANUFACTURER PART NUMBER (MPN): N/A

Sun-Sat, 12:00am-11:59pm (7 days, 24 hour coverage)

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561421 - Telephone Answering Services PRODUCT/SERVICE CODE: R426 - Support - Professional:

Sun-Sat, 12:00am-11:59pm (7 days, 24 hour coverage)

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561421 - Telephone Answering Services PRODUCT/SERVICE CODE: R426 - Support - Professional:

Sun-Sat, 12:00am-11:59pm (7 days, 24 hour coverage)

Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030 PRINCIPAL NAICS CODE: 561421 - Telephone Answering Services PRODUCT/SERVICE CODE: R426 - Support - Professional:

Sun-Sat, 12:00am-11:59pm (7 days, 24 hour coverage)

Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031 PRINCIPAL NAICS CODE: 561421 - Telephone Answering Services PRODUCT/SERVICE CODE: R426 - Support - Professional:

GRAND TOTAL __________________

B.3 PERFORMANCE WORK STATEMENT

Telephone Operator / Switchboard Services

VA Central California Health Care System

Section 1: General Information

1.1 General: This is a non-personnel services contract to provide telephone operator / switchboard services for the VA Central California Health Care System (VACCHCS). The

Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.2 Period of Performance:

Base Year: October 1, 2026 to September 30, 2027

Option Year 1: October 1, 2027 to September 30, 2028

Option Year 2: October 1, 2028 to September 30, 2029

Option Year 3: October 1, 2029 to September 30, 2030

Option Year 4: October 1, 2030 to September 30, 2031

1.3 Place of Performance: VA Central California Health Care System

Building 1

2615 E. Clinton Ave

Fresno, CA 93703

1.4 Hours of Operation: Normal hours of operation are 24 hours a day, seven days a week, including Federal Holidays.

1.5 Type of Contract: The government will award a Firm Fixed Price contract.

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:

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoice.asp

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

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

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

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

Section 2: Definitions & Acronyms

2.1 Definitions:

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

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

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

Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

COR Contracting Officer’s Representative

FTS Federal Telecommunication Systems

GOCO Government-Owned Contractor Operated

IRMS Information Resources Management Service

MACS Moves, adds, and changes

OSHA Occupational Safety and Health Act

PWS Performance Work Statement

QASP Quality Assurance Surveillance Plan

VA Veterans Affairs

VACCHCS Veterans Affairs Central California Health Care System

Section 3: Government Furnished Property, Equipment, and Services

3.1 The Government will provide the facilities, all-necessary equipment, furnishings and materials to perform the required services. The Contractor shall provide materials particular to the operation of the Contractor's business.

3.2 The Government will furnish all or make available facilities for the Contractor. Facilities have been inspected for compliance with the Occupational Safety and Health Act (OSHA). No hazards have been identified for which work areas have been established. The fact that no such conditions have been identified does not warrant or guarantee that no possible hazards exist, or that work area procedures will not be necessary or that the facilities as furnished will be adequate to meet the responsibilities of the Contractor. Compliance with the Occupational

Safety and Health Act and other applicable laws and regulations for the protection of employee is exclusively the obligation of the Contractor and the Government will assume no liability or responsibility for the Contractor's compliance or noncompliance with such responsibilities, with mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov the following exception, if OSHA hazards are found in the Government- furnished facility, the

Government developed and approved plans of abatement, taking into account safety and health priorities. A higher priority of correction will not be assigned to the facilities provided hereunder merely because of this contracting initiative. Prior to any modification of the facilities performed by the contractor, the Contractor must notify the Contracting Officer and provide documentation describing in detail the modification requested. No alteration to the facilities shall be made without specific written permission from the Contracting Officer; however, in the case of alterations necessary for OSHA compliance, such permission shall not be unreasonable withheld. The Contractor shall return the facilities to the Government in the same condition as received, fair wear and tear and approved modifications expected. These facilities shall be used for performance of this contract only.

3.3 The Contracting Officer.

3.4 Contracting Officer’s Representative (COR) and the Contractor shall inventory equipment and materials at the beginning and end of the contract. All shall jointly sign the inventory. A copy of the inventory list will be provided to Contractor. The following shall be determined:

• Working condition of equipment.

• Items beyond fair wear and tear.

• Items designated for replacement.

3.5 The Contractor shall notify the COR of any defective Government equipment immediately.

The COR shall be responsible for assuring replacement of the defective equipment.

3.6 The Contractor shall be liable for damage to equipment and furnishings caused by the negligence of the Contractor. Equipment and furnishings damaged through normal wear and tear, and acts of God, shall not be the responsibility of the Contractor.

3.7 Equipment damaged by the Contractor shall be replaced by the Contractor not exceeding the actual cost of repair or replacement as appropriate, within 30 calendar days or sooner, which is dependent upon the critical value.

3.8 Equipment or furnishings damaged by Contractor's personnel and not replaced or repaired by the Contractor, as appropriate, shall be replaced or repaired by VA and charged to the

Contractor.

3.9 Discrepancy reports regarding damaged property shall be prepared by the COR and submitted to the Contracting Officer for determination.

3.10 VA-owned equipment is subject to change and additional equipment may be implemented.

Contract personnel shall be provided with training on any new equipment.

3.11 Government Furnished Services: The Government will provide the following services at the contract site:

A. Telephone Services. The Government will provide one telephone instrument for the

Contractor's use in conducting contract-related business.

B. Utilities. The Government will provide electricity, water, sewage and heating for the space to be occupied or used by the Contractor.

C. Space. The Government will provide the space to be utilized by the Contractor in providing contract-related services.

D. Custodial Services. The Government will provide custodial services consisting of the emptying of waste receptacles, the sweeping of floors and the replenishment of washroom supplies as needed. Will also provide routine cleaning as established by environmental Management Service policy.

E. Disposition of Property. The Government will give disposition instructions for item beyond repair in those cases concerning Government furnished equipment and furnishings.

F. Insect and Rodent Control. The government will provide the personnel, supplies and materials required for the elimination or control of insects and rodents.

G. Parking. The Government will not make special provisions for Contract personnel parking.

1) Vehicles will park only in designated areas. No parking areas, reserved parking, and fire lanes are indicated by signs and appropriate curb markings.

2) Speed limit on the ground is 10 miles per hour, unless otherwise posted. Speed limit may be reduced depending upon weather conditions that may prevail.

3) Double parking, blocking crosswalks, parking at loading docks, parking within 15 feet of a fire hydrant and parking in fire lanes is prohibited.

4) Pedestrians have the right of way over all vehicles in all areas on VA facility grounds.

5) Parked vehicles should have the ignition key removed, windows closed and doors locked for protection of vehicle and its contents against theft.

6) Every effort will be made to protect vehicles and their contents, while parked on VA facility grounds; however, VA assumes no liability for loss from, or damage to privately/owned vehicles and contents.

7) Parking is permitted only in those areas designated and lined for parking. Vehicles found in other areas will be ticketed.

Section 4: Specific Tasks

4.1 The operators shall operate Cisco 8841 consoles with 7915 sidecars and the calling queue is managed through the Cisco Agent Desktop; paging is through the Lynx notification system.

4.2 Telephone/Switchboard Operators' Tasks.

A. Answer and process all incoming calls.

1) Answer incoming calls politely, efficiently and in a friendly manner, even during heavy workload and crisis periods. Calls shall be answered in priority order.

2) Incoming calls shall be routed appropriately throughout the facility.

3) Receive collect calls, only if authorized and obtain and record time and charges.

4) Responsible for immediate, professional responses to and recording the following:

emergency alarms, codes, bomb threats, fires and disasters. They shall also be required to receive and transmit over two-way radios.

5) Follow instructions if a bomb threat is received. Written procedures and formats for this type of reporting are currently established in the telephone office.

6) Responsible for ensuring that no unauthorized long distance calls are made and no unauthorized collect calls are accepted.

7) Shall utilize the facility radio, overhead paging, pocket paging, and code-paging systems as required.

B. Assist in placing various types of outgoing calls and coordinating and patching through one or more stations when necessary.

1) Assist facility staff and patients, when necessary, in placing calls. Calls shall include, but are not limited to, commercial and Federal Telecommunication Systems (FTS) calls.

2) Politely, efficiently and in a friendly manner explain to users why calls cannot be completed as requested, if and when a situation of this type arises.

C. Reporting Telephone Equipment Malfunctions:

1) Maintain a log of all telephone equipment malfunctions and/or complaints regarding telephone service.

2) Upon request of callers, verify telephone equipment malfunctions and report them to

Information Resources Management Service (IRMS)

D. Enter messages in Phone Message Manager:

1) Operators will access messaging system daily

2) Applicable calls will require a message to be sent to appropriate office location with brief description of customer’s request

4.3 Work shall be performed twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks a year, including all holidays. The shifts may include days, evenings and nights. The

Contractor is responsible to provide coverage appropriate for the workload with the concurrence of the using service and final concurrence of the Contracting Officer

4.4 Work includes coverage of the following equipment: console switchboard, fax machine and audio, radio, visual and pocket paging systems, and reporting and recording trouble calls and moves, adds and changes (MACS)

4.5 VA reserves the right to increase or decrease workload quantities as the need arises at the same prices, terms and conditions based on changes in the mission of VA, or any other changes warranting changes in the estimated quantities

4.6 Contract personnel shall index patient/employee locations via computer terminal; and operate emergency equipment pertinent to patient, alarms, police, fires and disasters

4.7 All incoming calls both internal and external shall be answered within three (3) rings

4.8 A Performance Evaluation Meeting will be held once a month to discuss and resolve any deficiencies to the contract. Other concerns of either the COR, CO or the Contractor will also be discussed during these meetings. This will be done on the regularly scheduled meetings with

Project Manager

4.9 Personnel Qualifications and Requirements

A. All Contract personnel shall receive training in VA procedures and policies. No contract personnel shall be assigned to work under the contract until initial orientation and training are completed. Contractor's training cost will be included in the proposed prices and will not be separately reimbursed.

B. Contract personnel shall wear comfortable clothes appropriate for an office environment.

C. All Contract personnel shall be required to wear an identification badge provided by VA.

D. Personnel rosters shall be provided to the Contracting Officer. Personnel not shown on the roster as regulars or alternates shall not be permitted to work at VA facility. A copy of the roster shall be provided to VA Police Service.

E. Contract personnel shall have automobile liability insurance in order to drive or park at

VA facility.

4.10 Contractor's Responsibilities.

A. Contract personnel shall become familiar with the functions of the different services within the facility. With this knowledge, determine the area within the campus when the caller does not know the telephone extension.

B. Contractor shall at all times, including periods of excessively heavy workload and during absences of contract personnel, provide adequate coverage wherein telephone service is not impeded.

C. Contractor should also provide the following:

1) Providing training to subordinate employees.

2) Supervise audits and surveys of telephone instruments and supplies.

3) Supervise maintenance of various alarm systems.

4) Prepare duty and vacation schedules.

5) Planning the daily activities of the unit personnel.

6) Prepare and submit various reports.

a) Incident reports (i.e. failure to act promptly to notify code blue team or failure to follow emergency procedures) as well as caller's complaints.

7) Provide liaison between this facility and the Telephone Company

8) Check work assignments.

9) Correct deficiencies.

10) Maintain discipline within the area.

4.11 Insurance and Employee Benefits Requirements. Contractor shall be responsible for protecting the personnel furnishing services under this contract. The Contractor shall provide the following coverage for its personnel:

A. Workers' compensation

B. Liability Insurance

C. Income tax withholding

D. Social Security withholding

E. Health Benefits

F. Vacation and holiday

4.12 Contingent Services

A. The Contractor shall provide a comprehensive plan detailing continuity of telephone services during contractor employee outages. The plan shall detail how the contractor plans to deal with inclement weather or other problems that would impede telephone services.

B. The Contractor shall provide a comprehensive plan describing a methodology for providing this service when the volume exceeds 20% of the telephone workload that is normally received.

C. The Contractor shall ensure that Contract personnel comply with the Privacy Act and the

Freedom of Information Act.

D. The Contractor shall ensure that regulations, manuals, telephone and FTS directories and other communications guidelines are kept updated as often as changes are made.

4.13 Manuals — Policies Procedures and Regulations.

A. Documents applicable to this Statement of Work are listed below. These documents are mandatory. At the start of this contract, the Government shall provide one copy of all mandatory regulations, manuals and specifications listed below to the Contractor.

Supplements and amendments shall be updated by VA and a copy will be provided to

Contractor for filling to appropriate procedures manual. The policies and procedures of mandatory directives shall be adhered to at all times. It is the Contractor's responsibility to ensure that all mandatory publications are posted and up to date. The manual shall be available to the COR for inspection at any time.

1) Facility Policies concerning Fire and Safety Programs (GOCO only)

2) Facility Policy concerning Disaster Plan

3) Local Medical Center Policies (such as MP-3, Part 3, CFR 29 & Medical Center

Memos) Standard Operating Procedures Handbook

4) Federal, State and Local Safety and Fire Regulations (Such as national Fire Codes)

Privacy Act

5) Freedom of Information Act

4.14 Fire and Safety Prevention. Government-Owned Contractor Operated (GOCO) only.

A. In the performance of this contract, the Contractor shall take all fire and safety precautions as not to endanger the lives and health of occupants of the building.

B. Fire and Safety deficiencies created by contract personnel shall be corrected immediately.

C. Contract personnel shall comply with applicable Federal, State, local and VA fire and safety regulations and codes. The contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract.

B.4 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 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 days.

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

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

VA Assistant Secretary for Office of Information and Technology.

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

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

Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA

Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

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

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

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

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

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the

PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program

Office can provide guidance on whether a new C&A would be necessary.

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

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

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

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

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

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

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

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

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

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

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

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

ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

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

COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident

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

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

d. In instances of theft or break-in or other criminal…