36C26126Q0597.docx

Sources Sought Notice Sources Sought Notice

GENERAL INFORMATION

SET-ASIDE

Network Contracting Office (NCO) 21

POINT OF CONTACT*

Contracting Officer Cynthia Diezel cynthia.diezel@va.gov 916-923-4567

PLACE OF PERFORMANCE

2815 E Clinton Ave

Fresno, CA 93703

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

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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:

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 questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

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

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

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

· FSC e-invoice email: vafsccshd@va.gov Section 2: Definitions & Acronyms

2.1 Definitions:

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

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

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

Work Week. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

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 the following exception, if OSHA hazards arc 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. 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.

3.4 The Contractor shall notify the COR of any defective Government equipment immediately. The COR shall be responsible for assuring replacement of the defective equipment.

3.5 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.

3.6 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.

3.7 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.

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

3.9 VA-owned equipment is subject to change and additional equipment may be implemented. Contract personnel shall be provided with training on any new equipment.

3.10 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 and ashtrays, 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: Contractor Furnished Items and Services The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation except as specified herein as government-furnished, necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents.

Section 5: Specific Tasks

5.1 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.

5.2 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 crises periods. Calls shall he 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

E. Handling of VA Sensitive Information:

1) Contractor will be provided with access to the daily facility inpatient roster

2) This roster will be either provided by the Administrative Officer of Day, or be retrieved by the contractor through the VA Information System Technology Architecture (VistA) system with access approval

3) This roster will include information for patients currently admitted to the VACCHCS, and will include only the following information for each patient: first and last name, admission location, and religious preference

4) The facility inpatient roster is to solely be used by the contractor for the purpose of providing callers with information on if a patient is admitted to the hospital, where they are located, and forwarding these calls to the appropriate inpatient wards upon request

5.3 Work shall he 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

5.4 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)

5.5 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

5.6 In accordance with the Service Contract Act, the Contractor is required to pay personnel under these contract overtime rates for overtime worked. This shall be at no additional cost to the Government.

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

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

5.9 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

5.10 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.

5.11 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.

5.12 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

5.13 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.

5.14 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

5.15 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.

Section 6: Contract Security

INFORMATION AND INFORMATION TECHNOLOGY SECURITY REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008) As prescribed in 839.201, insert the following clause:

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

VA INFORMATION CUSTODIAL LANGUAGE

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government Accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court of competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor 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 medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the above-mentioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA.The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

This section applies when any person requires access to information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract.

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM).

d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company-owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.

(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA accesses will return VA-issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

TRAINING

a. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems:

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

(2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role-based information security training].

b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

SECURITY INCIDENT INVESTIGATION

The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.

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

(1) The date and time (or approximation of) the Security Incident occurred.

(2) The names of individuals involved (when applicable).

(3) The physical and logical (if applicable) location of the incident.

(4) Why the Security Incident took place (i.e., catalyst for the failure).

(5) The amount of data belonging to VA believed to have been compromised.

(6) The remediation measures the contractor is taking to ensure no future incidents of a similar nature.

After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination.

d. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.

e. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG, and the VA Office of Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

f. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.

g. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.

h. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages—Reimbursement for Data Breach Costs.

PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT AND ANTI-TAMPERING

a. The contractor shall comply with Code of Federal Regulations (CFR) Title 15 Part 7, “Securing the Information and Communications Technology and Services (ICTS) Supply Chain”, which prohibits ICTS Transactions from foreign adversaries. ICTS Transactions are defined as any acquisition, importation, transfer, installation, dealing in or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs or the platforming or data hosting of applications for consumer download.

b. When contracting terms require the contractor to procure equipment, the contractor shall purchase or acquire the equipment from an Original Equipment Manufacturer (OEM) or an authorized reseller of the OEM. The contractor shall attest that equipment procured from an OEM or authorized reseller or distributor are authentic. If procurement is unavailable from an OEM or authorized reseller, the contractor shall submit in writing, details of the circumstances prohibiting this from happening and procure a product waiver from the VA COR/CO.

c. All contractors shall establish, implement, and provide documentation for risk management practices for supply chain delivery of hardware, software (to include patches) and firmware provided under this agreement. Documentation will include chain of custody practices, inventory management program, information protection practices, integrity management program for sub-supplier provided components, and replacement parts requests. The contractor shall make spare parts available. All contractor(s) shall specify how digital delivery for procured products, including patches, will be validated and monitored to ensure consistent delivery. The contractor shall apply encryption technology to protect procured products throughout the delivery process.

d. If a contractor provides software or patches to VA, the contractor shall publish or provide a hash conforming to the FIPS Security Requirements for Cryptographic Modules (FIPS 140-2 or successor).

e. The contractor shall provide a software bill of materials (SBOM) for procured (to include licensed products) and consist of a list of components and associated metadata which make up the product. SBOMs must be generated in one of the data formats defined in the National Telecommunications and Information Administration (NTIA) report “The Minimum Elements for a Software Bill of Materials (SBOM).”

f. Contractors shall use or arrange for the use of trusted channels to ship procured products, such as U.S. registered mail and/or tamper-evident packaging for physical deliveries.

g. Throughout the delivery process, the contractor shall demonstrate a capability for detecting unauthorized access (tampering).

h. The contractor shall demonstrate chain-of-custody documentation for procured products and require tamper-evident packaging for the delivery of this hardware.

VIRUSES, FIRMWARE AND MALWARE

The contractor shall execute due diligence to ensure all provided software and patches, including third-party patches, are free of viruses and/or malware before releasing them to or installing them on VA information systems.

b. The contractor warrants it has no knowledge of and did not insert, any malicious virus and/or malware code into any software or patches provided to VA which could potentially harm or disrupt VA information systems. The contractor shall use due diligence, if supplying third-party software or patches, to ensure the third-party has not inserted any malicious code and/or virus which could damage or disrupt VA information systems.

c. The contractor shall provide or arrange for the provision of technical justification as to why any “false positive” hit has taken place to ensure their code’s supply chain has not been compromised. Justification may be required, but is not limited to, when install files, scripts, firmware, or other contractor-delivered software solutions (including third-party install files, scripts, firmware, or other software) are flagged as malicious, infected, or suspicious by an anti-virus vendor.

d. The contractor shall not upload (intentionally or negligently) any virus, worm, malware or any harmful or malicious content, component and/or corrupted data/source code (hereinafter “virus or other malware”) onto VA computer and information systems and/or networks. If introduced (and this clause is violated), upon written request from the VA CO, the contractor shall:

(1) Take all necessary action to correct the incident, to include any and all assistance to VA to eliminate the virus or other malware throughout VA’s information networks, computer systems and information systems; and

(2) Use commercially reasonable efforts to restore operational efficiency and remediate damages due to data loss or data integrity damage, if the virus or other malware causes a loss of operational efficiency, data loss, or damage to data integrity.

It has been determined that protected health information (PHI) may be used, disclosed, accessed, transmitted, created, stored/maintained, and/or destroyed (providing appropriate proof of destruction in compliance with VA Directive 6371) by the Contractor, and a signed Business Associate Agreement (BAA) will be required. The Contractor will adhere to the requirements set forth within the BAA, referenced in the solicitation, and will comply with all applicable VA/VHA Directives. Once awarded, Contractor and Contracting Officer will collaborate with the appropriate Facility Privacy Officer Roy Martinez email Rogelio.MartinezJR@va.gov to implement the appropriate BAA.

Sources Sought for Telephone Answering Services

Sources Sought Notice