36C26219R0020-001.docx

36C26219R0020

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C26219R0020 08-23-2019 Soledad De La Torre (562)766-2313 9-17-2019 3:00pm PDT 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 561720 $18 Million X N/A X Department of Veterans Affairs 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center Contractor shall bill in arrears to:

Tungsten Network http://www.tungsten-network.com/us/ See CONTINUATION Page Janitorial Services for VA Healthcare Systems located in Los Angeles, Long Beach, Loma Linda and San Diego.

See Subsequent pages for details and Schedule of Services and Price.

This Solicitation is Set-Aside 100% Service Disabled Veteran Owned Small Business (SDVOSB).

X X Sandra Fusco, Branch Chief Contracting Officer Table of Contents

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

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

CONTRACTOR DUNS # ________________________________________

4811 Airport Plaza Drive, Suite 600 Long Beach CA 90815

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (SAM), or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] MONTHLY

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.Contractor shall bill in arrears to Tungsten Network, http://www.tungsten-network.com/us/

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

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

B.2 SCHEDULE OF SERVICES AND PRICE

This is an indefinite delivery, indefinite quantity, (IDIQ) contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $1,000.00. The maximum aggregate value of the orders that can be placed under this contract is $75,000,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8 The contract period of performance for this Indefinite Delivery Indefinite Quantity Contract (IDIQ) is a Five (5)-Year base period from October 1, 2019 through September 30, 2024; and one Five (5)-year option period from October 1, 2024 through September 30, 2029. Hourly rate pricing for each contract year is identified below. Shift times may be adjusted by the Contracting Officer’s Representative. Unless otherwise noted, all shifts are Monday through Friday, excluding holidays. Saturday, Sunday and Holiday janitorial services shall be provided only on the daytime shift, 7:30am – 4:00pm.

B.2.1 – VA Long Beach HealthCare System

BASE PERIOD: October 1, 2019 through September 30, 2020

BASE PERIOD: October 1, 2020 through September 30, 2021

BASE PERIOD: October 1, 2021 through September 30, 2022

BASE PERIOD: October 1, 2022 through September 30, 2023

BASE PERIOD: October 1, 2023 through September 30, 2024

OPTION PERIOD 1: October 1, 2024 through September 30, 2025

OPTION PERIOD 1: October 1, 2025 through September 30, 2026

OPTION PERIOD 1: October 1, 2026 through September 30, 2027

OPTION PERIOD 1: October 1, 2027 through September 30, 2028

OPTION PERIOD 1: October 1, 2028 through September 30, 2029

B.2.2 – VA Loma Linda HealthCare System

BASE PERIOD: October 1, 2019 through September 30, 2020

BASE PERIOD: October 1, 2020 through September 30, 2021

BASE PERIOD: October 1, 2021 through September 30, 2022

OPTION PERIOD 1: October 1, 2024 through September 30, 2025

OPTION PERIOD 1: October 1, 2025 through September 30, 2026

OPTION PERIOD 1: October 1, 2026 through September 30, 2027

OPTION PERIOD 1: October 1, 2027 through September 30, 2028

OPTION PERIOD 1: October 1, 2028 through September 30, 2029

B.2.3 – VA San Diego HealthCare System

BASE PERIOD: October 1, 2019 through September 30, 2020

BASE PERIOD:: October 1, 2020 through September 30, 2021

BASE PERIOD: October 1, 2021 through September 30, 2022

OPTION PERIOD 1: October 1, 2024 through September 30, 2025

OPTION PERIOD 1: October 1, 2025 through September 30, 2026

OPTION PERIOD 1: October 1, 2026 through September 30, 2027

OPTION PERIOD 1: October 1, 2027 through September 30, 2028

OPTION PERIOD 1: October 1, 2028 through September 30, 2029

B.2.4 – VA Greater Los Angeles HealthCare System

BASE PERIOD: October 1, 2019 through September 30, 2020

BASE PERIOD: October 1, 2020 through September 30, 2021

BASE PERIOD: October 1, 2021 through September 30, 2022

OPTION PERIOD 1: October 1, 2024 through September 30, 2025

OPTION PERIOD 1: October 1, 2025 through September 30, 2026

OPTION PERIOD 1: October 1, 2026 through September 30, 2027

OPTION PERIOD 1: October 1, 2027 through September 30, 2028

OPTION PERIOD 1: October 1, 2028 through September 30, 2029

B.3 STATEMENT OF WORK

1. GENERAL.

1.1. The Contractor shall provide Janitorial Services for the following Veterans Integrated Service Network (VISN) 22 healthcare systems: VA Long Beach Healthcare System (VALBHS), VA Greater Los Angeles Healthcare System (VAGLAHS), VA Loma Linda Healthcare System (VALLHS), and VA San Diego Healthcare System (VASDHS). Services shall be provided at each main hospital as well as the healthcare system’s associated Community Based Out-Patient Clinics (CBOCs), Veteran Centers (Vet Centers), Ambulatory Care Centers (ACC), and administration buildings not on the main campus. The Government anticipates that additional VISN 22 facilities may require the janitorial services described in this Statement of Work as the VA responds to changing mission requirements over time. When requested by the Contracting Officer, the Contractor shall negotiate in good faith to add other VISN22 facilities to this IDIQ contract in accordance with the procedures in the Changes clause in FAR 52.212-4.

1.2. Task orders shall be issued against this IDIQ contract and shall be competed amongst all IDIQ contract holders by issuing requests for proposals (RFP) to the IDIQ contract holders. RFPs for services required at CBOCs, Vet Centers, ACCs, and administration buildings will include a statement of work that describes the specific requirements for the facility requesting the service and a schedule of services and price specifically for that site. Task orders for janitorial services at the VA medical centers identified in the Schedule in Section B.2 of the contract will be issued for one or more of the line items shown in Section B.2, Schedule of Services and Price. Prices shown in the Schedule of Services and Price are the maximum prices that the Contractor may charge for each line item listed in the Schedule for services provided during the dates shown in the Schedule. The Contractor may propose to provide the Schedule services at less than the Schedule price, but the Contractor shall not propose prices that exceed the Schedule price applicable to the dates that apply to the task order period of performance.

1.3. This statement of work describes the services the Contractor shall perform at each healthcare system’s main hospital as identified in Section B.2, Schedule of Services and Price.

2. GENERAL CLEANING SERVICES. The Contractor shall perform the following services as part of the daily cleaning for all areas of the hospital including inpatient rooms, outpatient clinics, and common areas. The contractor shall use aseptic cleaning techniques per the Joint Commission Guidelines found at https://www.jointcommission.org/assets/1/6/CLABSI_Toolkit_Glossary.pdf, which is incorporated herein by reference. The Contractor shall perform the following tasks:

2.1. Maintain Floors: All floors, except carpeted areas, shall be swept, dust mopped, and damp mopped daily. They will be buffed to ensure all floors maintain a uniform, glossy appearance that is free from dirt, debris, dust, scuff marks, heel marks, other stains.

2.2. Remove Trash: All trash containers shall be emptied and returned to their initial location. Boxes, cans, or paper placed near a trash receptacle and marked TRASH” shall be removed. Any obviously soiled or torn plastic trash receptacle liners shall be replaced. The trash shall be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter, and free of odors.

2.3. Sinks and other plumbing fixtures: Completely clean, disinfect with the use of Environmental Protection Agency (EPA)-approved hospital grade germicidal detergent, and polish dry all surfaces of sinks and plumbing fixtures. After cleaning, receptacles shall be free of deposits, dirt, streaks, and odors.

2.4. Interior Glass/Mirrors: Clean all interior glass, including glass in doors, partitions, walls, display cases, directory boards, etc. After glass cleaning, there shall be no traces of film, dirt, streaks, smudges, water, or other foreign matter.

2.5. Carpets: Vacuum carpeted areas, including area and throw rugs. After daily vacuuming, the carpeted area shall be free of all visible dirt, debris, litter and other foreign matter. Any spots shall be removed by carpet manufacturer’s approved methods, as soon as noticed. All tears, burns, and raveling shall be brought to the attention of the Contracting Officer’s Representative (COR) or his/her designee.

2.6. Floor Mats: Vacuum and clean interior and exterior floor mats. After vacuuming or cleaning, mats shall be free of all visible lint, litter, soil and other foreign matter. Soil and moisture underneath mats shall be removed, and mats returned to their normal location.

2.7. General Spot Cleaning of all surfaces: Spot cleaning includes removing or cleaning smudges, fingerprints, marks, streaks, and spills, from washable surfaces of all walls, partitions, vents, grillwork, doors, door guards, door handles, push bars, kickplates, light switches, temperature controls, and fixtures. After spot cleaning, the surface shall have a clean, uniform appearance, free of streaks, spots, and other evidence of soil.

2.8. General Dusting: All horizontal surfaces shall be dusted or cleaned to eliminate dust collection, including floors, vents, empty shelves, door/window frames, above/below base of equipment.

2.9. Drinking Fountains. Clean and disinfect all drinking fountains including porcelain and polished metal surfaces, including the orifices and drain, as well as exterior surfaces of fountain. Drinking fountains shall be free of streaks, stains, spots, smudges, scale, and other obvious soil. Rags, cloths, sponges, or other materials used to wipe down other surfaces shall not be used to wipe or clean drinking fountains.

2.10. Break Rooms. Clean and disinfect all surfaces, sinks and appliances and remove trash and/or replace trash receptacle liners.

2.11. Exam Tables. Clean and disinfect all surfaces of exam tables using a germicidal detergent. Exam tables shall be left clean and free of foreign matter.

2.12. Stairways, Hallways, and Cooridors: All hallways, corridors and stairwells shall be swept, dust mopped, damp mopped, wet mopped to ensure they have a uniform, clean appearance and freedom from dirt, debris, dust, scuff marks, heel marks, other stains and discoloration, and other foreign matter.

2.13. Restrooms.

2.13.1. Restroom floors shall be damp mopped with hospital grade germicide solution and the solution shall be changed after each restroom cleaning. Hospital grade germicide will be used on sinks and toilets.

2.13.2. All surfaces shall be cleaned and disinfected with the use of a EPA approved hospital grade germicidal detergent including sinks, toilet bowls, urinals, lavatories, showers, shower mats, dispensers, plumbing fixtures, saunas, partitions, dispensers, doors, walls, and other such surfaces. After cleaning, receptacles shall be free of deposits, dirt, streaks, and odors.

2.13.3. Descaling of toilet bowls shall be performed monthly or as often as required to keep areas free of scale, soap films, and other deposits. After descaling, surfaces shall be free from streaks, stains, scale, scum, urine deposits, and rust stains.

2.13.4. After sweeping and mopping, the entire floor surface, including grout, shall be free from litter, dirt, dust and debris. Floors shall have a uniform appearance without streaks, swirl marks, detergent residue, or any evidence of soil, stain, film or standing water. Moveable items shall be tilted or moved to sweep and damp mop underneath. Floors shall be stripped, scrubbed, waxed as necessary to maintain sanitary conditions and a clean, uniform appearance.

2.13.5. Porters shall ensure restrooms are stocked sufficiently so that supplies including soap for the soap dispensers, paper towels, and toilet paper do not run out. Supplies shall be stored in designated areas. No overstocking shall be allowed. If supplies run out prior to the next service date, contractor shall refill within five (5) hours of notification.

3. SPECIAL CLEANING SERVICES

3.1.1. Strip and Refinish Floors. Floors shall be stripped and refinished semi-annually and will include the movement of all furniture and equipment that is not bolted to a wall or floor. A non-skid finish is required.

3.1.2. Carpet shampooing. Carpet shampooing shall be two (2) times per year. Dates and times shall be coordinated with the COR.

4. CONSERVATION OF UTILITIES. The Contractor shall ensure its staff conserve energy while providing janitorial services by adhering to the following:

4.1. Lights shall be turned on in rooms and areas while working and turned off when work is completed.

4.2. There shall be no adjusting mechanical equipment controls for heating, ventilation, and air conditioning systems.

4.3. Water faucets or valves shall be turned off after their required use or cleaning.

4.4. Government telephones shall not be used for personal reasons.

5. GOVERNMENT PROVIDED EQUIPMENT and SUPPLIES

5.1. The Government will provide all necessary equipment and supplies for services provided at the VA medical centers listed in Section B.2, Schedule of Services and Price.

5.2. The Government will not provide any equipment or supplies for services provided at the CBOCs, Vet Centers or other administration facilities unless explicitly stated in the Task Order request for proposal (RFP). Equipment and supplies the Contractor is required to furnish will be identified in the Task Order RFP.

6. SAFETY. Contractor shall ensure its staff exercise the following safety precautions while performing janitorial services under this contract:

6.1. Display warning signs in all areas where housekeeping operations may cause traffic obstruction or personnel hazard.

6.2. The cleaning of restrooms, hallways, and corridors resulting in a temporary wet or slippery floor surface shall be completed so that it will not be necessary for personnel or patients to cross the wet surface to gain access to other areas (1/2 of the hallway or area at a time). When appropriate, bathrooms and stairways may be temporarily restricted while floor surfaces are wet.

6.3. All tasks shall be completed so as to preclude damage or disfigurement of furniture and building structure. The contractor shall be liable for any damage caused by its staff.

6.4. The Contractor shall have a working knowledge of, and ensure its staff performs janitorial services consistent with, the Accreditation Guide for Hospitals developed by the Joint Commission (TJC) current edition found at https://www.jointcommission.org/assets/1/18/171110_Accreditation_Guide_Hospitals_FINAL.pdf and Public Law 91- 596, Occupational Safety and Health (OSHA) Act of 1970 found at https://www.osha.gov/laws-regs/standardinterpretations/1982-03-18-0.

6.5. Accident Reporting. The Contractor shall report all accidents resulting in injury, death, trauma, or occupational disease to the COR. All accidents shall be reported within 24 hours of their occurrence. The COR may require the Contractor to complete certain forms to document exposures and/or accidents and submit a written corrective action plan which will be completed at no additional cost to the Government.

6.6. Emergency Treatment. The Government shall furnish only emergency first aid treatment to Contractor employees who may suffer on-the-job injuries.

6.7. Report fire hazards and any other safety hazards to the COR including any furniture or equipment that appears to be in need of repair.

7. Standards of Conduct.

7.1. The Government has the right to require the Contractor to replace any Contractor or subcontractor staff if the employee is determined not to possess the ability required to perform under the contract, or if said employee is for any other reason found to be unsuitable to perform the work required by the contract. The determination to require replacement of a staff member shall be made by the Contracting Officer, at the Contracting Officer’s sole discretion, and such determination shall be final. Any substitution of personnel shall be at the Contractor’s expense and shall occur without any increase to the contract price and without delay in the performance or delivery of services to the Government.

7.2. Complaints concerning contract staff’s conduct with Government employees or Veteran residents will be dealt with by the Contractor and COR. The Contracting Officer is the final authority on validating complaints. In the event that Contractor personnel are involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such personnel for work performed under this contract. The final arbiter on questions of acceptability is the Contracting Office.

8. STAFF ORIENTATION

8.1. The Contractor’s staff performing under this contract shall attend an orientation meeting with the COR prior to beginning performance.

8.2. The COR will schedule this meeting which may cover the following topics:

8.2.1. Hospital facility layout.

8.2.2. Location of equipment and supplies.

8.2.3. Fire and Safety.

8.2.4. Infection Control.

8.2.5. Disaster Procedures.

8.2.6. Basic bacteriological concepts, including how disease is caused, transmitted, and prevented, reduced, or contained through proper housekeeping methods.

8.2.7. Infection control & blood borne pathogen standards.

8.2.8. Proper use and handling of germicidal detergents, supplies, and equipment.

8.2.9. Care and maintenance of Government-furnished equipment.

8.2.10. Proper collection and handling of/and disposal of medical waste, in accordance with FPA, TJC, and OSHA.

8.2.11. Procedures for replenishing cleaning supplies and obtaining equipment repairs.

8.2.12. Role of housekeeping in the health care facility and its effect on the health and wellbeing of patients.

8.2.13. Personal hygiene standards.

8.2.14. Work schedules and how completed scheduled work assignments shall be documented to support the Contractor's Quality Control Program.

8.2.15. VHA Privacy Policies resulting from the Health Information Portability and Accountability Act (HIPAA).

9. UNIFORMS

9.1. Contractor’s staff shall wear Contractor provided standard uniforms, including pants and shirts which are clearly distinguishable from other VA uniforms currently in use.

9.2. The uniforms shall clean and be worn as designed by the uniform manufacturer.

9.3. Sandals or other opentoed shoes shall not be worn.

9.4. Identification badges shall be clearly visible on the uniform.

9.5. When required the Contractor personnel shall wear special protective clothing and shoe covers while working in designated areas. This special clothing and coverings shall be used as specified and then destroyed, as directed by the COR.

10. MEDICAL FITNESS OF STAFF. The Contractor shall ensure that their janitorial staff are medically fit to perform the services required by this contract and that they are able to work in patient care areas without risk to the patients. Contractor's personnel who acquire a communicable illness shall not perform service under the contract.

11. PHYSICAL SECURITY.

11.1. Contractor staff may be provided keys to rooms requiring janitorial services. The Contractor shall ensure that keys provided are not duplicated or removed from the VA premises.

11.2. The Contractor shall pay for replacement of keys lost by Contractor personnel. In the event a master key is lost or duplicated, all locks and keys on that lock system will be replaced by the Government, and the total replacement cost shall be the responsibility of the Contractor. If a key to a single area is lost, the Government will replace the lock for that area, and the total replacement cost shall be the responsibility of the Contractor.

11.3. The Contractor shall immediately report the occurrence of a lost key to the COR.

11.4. Contractor shall ensure its staff do not allow anyone to use any key that has been issued to Contractor staff and is in their possession. The Contractor shall ensure its staff do not open locked areas to permit entrance by persons other than Contractor employees performing assigned duties. All areas that are to be locked shall not be left unattended during the cleaning process and shall be relocked by Contractor personnel after completion of housekeeping duties. Contractor personnel shall turn off all lights in all unoccupied areas.

12. CONTRACTOR QUALITY CONTROL (QC) PROGRAM.

12.1. The contractor shall develop and maintain a quality control plan (QCP) to ensure janitorial services are performed as required by this contract, the associated task order, commonly accepted commercial practices, and the Accreditation Guide for Hospitals developed by the Joint Commission (TJC) current edition found at https://www.jointcommission.org/assets/1/18/171110_Accreditation_Guide_Hospitals_FINAL.pdf.

12.2. The contractor’s QCP shall be submitted to the COR for approval within seven (7) days of commencing performance. The QCP shall specifically address the contractor’s strategy to provide quality workmanship. It will include the site supervisor’s plan for inspecting the work performed by the contractor’s staff and the strategy for correcting deficiencies.

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).