S02 - 36C26325Q0283 - Solicitation - Amended.docx

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

36C26325Q0283 12-30-2024 Alisha Milander

(701) 239-3700 ext. 3176 01-13-2025 12:00

CST

36C263 Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

X

541910 $22.5 Million

N/A

Department of Veterans Affairs Minneapolis VA Health Care System

One Veterans Drive Minneapolis MN 55417

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

Y

Financial Services Center PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page This is a BRAND NAME OR EQUAL acquisition of TruthPoint Software Solution Services: QR Code and Web-Enabled Real- Time Feedback Assessments, Hosting, Data, Operational Services, Reporting, Performance Improvement Coaching, and Implementation and Configuration for the Minneapolis VA Health Care System as described in the Statement of Work and Price/Cost Schedule below.

Before quote submission, review ALL solicitation documents.

Review and follow INSTRUCTIONS TO OFFERORS in Section E. E.1 52.212-1 Addendum. See also E.9 52.212-2 EVALUATION -

SIMPLIFIED ACQUISITION PROCEDURES.

Email ALL required and completed documents to:

Alisha Milander at Alisha.Milander@va.gov

Submit all questions via email by 01/06/2025 at 12:00PM CST.

Response to questions will be posted as an amendment.

See CONTINUATION Page

Traci Johannes

VA-VHA-RPOC-2025-0004

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C263

NETWORK 23 CONTRACTING OFFICE

316 Robert Street N. STE. 506 St. Paul MN 55101

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BRAND NAME OR EQUAL - Provide TruthPoint Software Solution Services: QR Code and Web-Enabled Real-Time Feedback Assessments, Hosting, Data, Operational Services, Reporting, Performance Improvement Coaching, and Implementation and Configuration for the Minneapolis VA Health Care System in accordance with the Price/Cost Schedule and Statement of Work.

Contract Period: Base POP Begin: 01-26-2025 POP End: 01-25-2026 PRINCIPAL NAICS CODE: 541910 - Marketing Research and Public Opinion Polling PRODUCT/SERVICE CODE: R422 - Support - Professional: Market Research/Public Opinion

BRAND NAME OR EQUAL - Provide TruthPoint Software Solution Services: QR Code and Web-Enabled Real-Time Feedback Assessments, Hosting, Data, Operational Services, Reporting, Performance Improvement Coaching, and Implementation and Configuration for the Minneapolis VA Health Care System in accordance with the Price/Cost Schedule and Statement of Work.

Contract Period: Option 1 POP Begin: 01-26-2026 POP End: 01-25-2027

BRAND NAME OR EQUAL - Provide TruthPoint Software Solution Services: QR Code and Web-Enabled Real-Time Feedback Assessments, Hosting, Data, Operational Services, Reporting, Performance Improvement Coaching, and Implementation and Configuration for the Minneapolis VA Health Care System in accordance with the Price/Cost Schedule and Statement of Work.

Contract Period: Option 2 POP Begin: 01-26-2027 POP End: 01-25-2028

BRAND NAME OR EQUAL - Provide TruthPoint Software Solution Services: QR Code and Web-Enabled Real-Time Feedback Assessments, Hosting, Data, Operational Services, Reporting, Performance Improvement Coaching, and Implementation and Configuration for the Minneapolis VA Health Care System in accordance with the Price/Cost Schedule and Statement of Work.

Contract Period: Option 3 POP Begin: 01-26-2028 POP End: 01-25-2029

BRAND NAME OR EQUAL - Provide TruthPoint Software Solution Services: QR Code and Web-Enabled Real-Time Feedback Assessments, Hosting, Data, Operational Services, Reporting, Performance Improvement Coaching, and Implementation and Configuration for the Minneapolis VA Health Care System in accordance with the Price/Cost Schedule and Statement of Work.

Contract Period: Option 4 POP Begin: 01-26-2029 POP End: 01-25-2030

36C26325Q0283

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

1. OBJECTIVE: The Department of Veterans Affairs Minneapolis Health Care System (MVAHCS) requires a complete solution for patient and staff experience rounding, data reporting, real time customized surveys, and coaching services that works within VA security parameters. The software must be easy for patients and staff to navigate without assistance. There must be no interface with the MVAHCS’s information technology infrastructure and no maintenance by MVAHCS staff.

2. PERIOD OF PERFORMANCE

3. DEFINITIONS

3.1. Rounding: Is a proactive, systematic, evidence-based interaction with patients to improve patient care through the entire health care system.

3.2. MVAHCS: Minneapolis VA Health Care System

4. DESCRIPTION OF SERVICES

4.1. Patient and Employee Survey Services

4.1.1. Hosting, Data, Operational Services, Reporting, and Software Licensing for real-time feedback via email, SMS, and QR codes for up to 50 surveys at any given time including, but not limited to:

· Inpatient Acute Care feedback in 6 patient care departments

· Inpatient Spinal Cord Injury (SCI)

· Inpatient Mental Health

· 4J Polytrauma for Patients and Families

· PTRP for Families, Patients, and Provider Evals

· Community Living Center

· Rehab Referral Sources Feedback

· Vision Rehab for Caregivers and Patients

· Outpatient SCI

· Roving RN Program

· Care Coordination and Integrated Case Management

· Pain 101 Program

· CPRP Patient and Family Program Eval

· Whole Health/CIHH

· Assistive Technology (AT) Program

· Outpatient Brain Injury

· Bladder Basics

· Headache 101 Class

· Prosthetic Service

· Tele-PAVE

· New Patient Orientation

· V23 Teleneurosurgery

· Internet Feedback

· Clinic Feedback

· Community Care Customer Service

· Primary and Specialty Clinic Assessment

· Mental Health Provider Assessment

· ICMHR Veteran Stakeholder and Community Partner

· Veteran SE Satisfaction for Mental Health

· VBR Member

· Mental Health Provider Satisfaction Survey

· Mental Health Homeless Program

· Ketamine Assessment

· Minority Veteran Program

· MOVE Program

4.1.2. The contractor shall establish the current assessments and incorporate historical data.

4.1.3. The contractor shall provide software to use in the collection of feedback from both Veterans and staff. The information collected will to be provided to leaders and staff via dashboards as well through push reporting that can be scheduled and delivered to individuals and groups at specified times.

4.1.4. Provide access to a wide range of performance improvement tools to improve patient experience, quality, and safety outcomes.

4.1.5. Push reporting that delivers information and analytics to each stakeholder that align with our improvement objectives. The timing, content, and format must be tailor-fit to the needs and preferences of each stakeholder and their role in the organization.

4.2. Professional Coaching Patient and Employee Survey Services

4.2.1. Professional services to update questions, modify reports, and provide coaching assistance and guidance. Budgeting 100 hours per year provides latitude to make changes.

4.2.2. Performance Review and Improvement Session for each survey’s key stakeholders (30-60 minutes monthly or quarterly).

4.2.3. Professional Services/Modify Surveys & Reports, etc. for All Stakeholders to assist with survey (add/delete/revise/etc.).

4.2.4. Executive Performance Reviews of all InPatient assessments: four 1 hour Quarterly updates with Executive Team.

4.2.5. Executive Performance Reviews of all Outpatient assessments: four 1 hour Quarterly updates with Executive Team.

5. TECHNICAL SPECIFICATIONS OF SERVICES

5.1. General Software and Technology

5.1.1. Commercial off the shelf rounding automation and performance improvement Software-as-a-Solution that provides 24x7 accessibility and can be fully implemented and operational to meet all specifications within two weeks from the effective date of the contract

5.1.2. Successful completion of a SOC 2 Type II audit to demonstrate security and operational stability of software operations

5.1.3. Technology platform core capabilities:

5.1.3.1. Schedule and automate rounding on patients, staff, and locations

5.1.3.2. User configurable online dashboard

5.1.3.3. Operates at the point of care via rounding

5.1.3.4. Ability to solicit patient/staff feedback after the care experience via email and SMS/text message invitation

5.1.3.5. Ability to begin feedback at the point of service and complete later via email and/or SMS text message invitation

5.1.3.6. Capability to work when disconnected from the internet on any platform including Windows, iOS, and Android

5.1.3.7. Capable of operating completely independent from the VA IT network and on VA owned tablets and smartphones

5.1.4. A user interface that adapts to all computing platforms and operating systems including Windows, iOS, and Android

5.1.5. All interfaces configured to incorporate VA logo and colors

5.1.6. Administration and Support

5.2. Survey Tool / Patient Assessment of Care Experience

5.2.1. Questionnaire / Assessment features

5.2.1.1. Utilizes skip and branching logic based on response selections to prior questions to either include or exclude optional questions

5.2.1.2. Offers a variety of flexible question types including

5.2.1.2.1. Likert scale response with ability to capture “other” and free text

5.2.1.2.2. Multi-select with ability to capture “other” and free text

5.2.1.2.3. Free text

5.2.1.3. Automatically advances to next question when previous question is answered

5.2.2. Email and Text Message (SMS) Feedback Options

5.2.2.1. Ability to initiate at point-of-service and allow patient to complete at-home via email or SMS invitation

5.2.2.2. Ability to invite feedback via email with unique link for each patient encounter with customized messaging in email/SMS message

5.2.2.3. Automatic reminders optionally sent via email if assessment is not completed within specified period of time

5.2.3. Able to modify assessment questions in real-time

5.2.3.1. Easily identify and pull from library of proven effective questions for each care setting and tied to specific outcome measure improvements

5.2.3.2. Maintain response history even when questions change

5.2.3.3. Specify if previous questions should appear on future reports

5.2.4. Service Alerting

5.2.4.1. Ability to initiate an alert at the discretion of the patient interviewer, patient, or automatically based on responses

5.2.4.2. Sends instant alerts for service recovery / service intervention

5.2.4.3. Alerts are directed to the recipient based on criteria established within each question and each response option

5.2.4.4. Ability for the notified service to document response to and status of the intervention request

5.2.4.5. Ability to generate trend reports for all service intervention requests to supports root cause and countermeasure improvement

5.2.5. Demographics management for specific care settings, care teams, and individual care providers

5.2.5.1. Managed and maintained via an intuitive interface for ease of updating as personnel and teams change

5.2.5.2. Optional interface to personnel systems to automate personnel changes.

5.2.5.3. Include email delivery information for each team and individual for provision of individual and team reporting as described below

5.3. Analytics and Reporting

5.3.1. Automatically deliver information and analytics to each stakeholder aligned with improvement objectives and a pre-defined information use plan. This must not require VA users to configure and provide reporting on the timing, content, and format needs for each stakeholder and their role in the organization.

5.3.2. Each report delivered via email directly to each stakeholder or stakeholder group with the specific questions/responses relevant to each group or individual.

5.3.3. Each report delivered via email on the schedule determined by each stakeholder or stakeholder group, to include:

5.3.3.1. Immediate service alert

5.3.3.2. Specific time each day or throughout the day

5.3.3.3. Any frequency from daily to annually

5.3.4. Each report can be configured and pushed out by system automation as defined by the needs and requirements for each purpose and stakeholder

5.4. Performance Improvement Coaching

5.4.1. Performance improvement guidance provided by professionals with multiple years of real-world healthcare experience and demonstrated improvements in patient experience, quality, safety, overall health system performance with working knowledge and experience within VA health care systems.

5.4.2. Implementation planning including a proven process to define rounding objectives, identify and implement effective rounding practices, implement best-practice questions, and implement an impactful information use plan.

5.4.3. Improvement guidance including proven-effective processes for using real-time feedback and lead measures of performance to drive rapid and sustained improvement for targeted lag measures of performance, including patient experience, quality, and safety, leading to improved clinical outcomes, market share, and financial performance.

5.4.4. Monthly web-based sessions with performance improvement coach

5.4.5. Quarterly web-based sessions with Executive leadership for progress and strategic goals discussions.

5.5. Performance improvement tools

5.5.1. A library of best-practice questions and paired response options, including branching questions, organized by both care area (such as inpatient, primary care, emergency services, same day surgery) and operational improvement objective

5.5.2. Tools to guide development and implementation of efficient and effective process to round and collect a high rate of patient feedback

5.5.3. A guide that provides rounding and feedback capture options effective for each care setting with recommendations for the most successful strategies

5.5.4. Tool to help information stakeholders understand and use rounding and other forms of real-time feedback to accelerate improvement key measures

5.5.5. Tools to support the development of high functioning performance improvement teams and how to leverage patient feedback to implement sustainable change

5.5.6. A guide to help our performance improvement teams establish a cadence of accountability and accelerate the improvement process

6. RECORDS MANAGEMENT

6.1. Citations to pertinent laws, codes, and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

6.2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

6.3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

6.4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

6.5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6.6. The Government Agency owns the rights to all data/records produced as part of this contract.

6.7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

6.8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

6.9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

6.10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

7. CONFIDENTIALITY, PRIVACY, AND SECURITY

7.1. Contractor shall adhere to Health Insurance Portability and Accountability Act (HIPAA) standards. Any person who knowingly or willingly discloses confidential information from the VA may be subject to criminal penalties.

7.2. Privacy Act and Authorization to Release Information: As a result of this contract, the contractor shall be subject to the Privacy Act of 1974. The medical reports described in this solicitation are irreplaceable medical information that must be safeguarded at all times. Contractor shall refer to the Privacy Act Notification (FAR 52.224-1) and Privacy Act Clause (FAR 52.224-2) as found in the clauses section. The contractor shall develop and maintain a method of tracking any data obtained from the VA. The contractor is not authorized to release any medical record information. The Department of Veteran Affairs is the sole entity authorized to release any information upon written authorization from the patient.

7.3. Patient Medical Information: Contractor personnel who obtain access to medical records or access hardware/software that may store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for infection with HIV, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. 4132 or 3305, as defined by the VA, shall not have access to the records unless absolutely necessary to perform the requirement. Any contractor employee required to access pertinent data shall not disclose to anyone that is not involved in the performance of this task. Any violation of these provisions may involve criminal penalties.

7.4. In accordance with Federal Acquisition Regulation (FAR) 4.703, the Contractor’s contract files must be maintained for three years after final payment. The Contractor shall destroy the files on the anniversary of the third year after final payment has been received. The destruction shall be coordinated with the VA.

7.5. Destruction of VA Information – All VA data kept onsite by the contractor will be destroyed and/or shredded when not needed. Acceptable methods of onsite final destruction for all content would include burning, pulping, and/or erasing.

7.6. Certification of Destruction – The contractor will provide to the Contracting Officer Representative and the Contracting Officer written documentation that all records were destructed at the end of the period of performance.

8. SECURITY

8.1. The contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard contract language, conditions, laws, and regulations.

8.2. The contractor’s firewall and web server that will be utilized for this contract shall meet or exceed the government minimum requirements for security. All government data shall be protected behind an approved firewall.

8.3. Antiviral software shall be installed by the contractor and kept current.

8.4. Equipment should be housed and protected in such a way that reduces the risks from environmental threats and hazards, and the opportunities for unauthorized access, use, or removal.

8.5. VA Directive 6500 shall be adhered to, and all requirements met.

8.6. In the event of a data breach or privacy incident involving any SPI the contractor processes or maintains under this contract, the contractor shall be liable to VA for liquidated damages for a specified amount per affected individual to cover the cost of Upon termination or completion of the contract, computer equipment used in performance of contractual obligations will be sanitized according to VA standards and guidelines. When non-VA equipment is transferred or disposed, the equipment will be sanitized according to VA standards and guidelines. Sanitization of equipment shall include the requirement for the contractor to surrender the hard drives of the equipment to VA for destruction. Additional sanitization of electronic media can be found in VA Handbook 6500.1 “Electronic Media Sanitization.”

8.7. The contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification and accreditation.

8.8. Any security violations or attempted violations shall be reported to the Contracting Officer, Contracting Officer Representative and VA Information Security Officer (ISO) within one hour of the incident.

9. BACKGROUND INVESTIGATIONS

9.1. Contractor employees providing services under this contract shall not have any criminal record.

9.2. Contractor staff shall be adjudicated by VA prior to working on this contract.

9.3. Adjudication processes includes but not limited to:

9.3.1. Background investigation completed by MVACHS through WMC, paperwork to be filled out by each employee.

9.3.1.1. WMC HROO Contract Security Services Request form

9.3.1.2. OF-306- Declaration for Federal employment

9.3.1.3. Self-Certification of continuous service form.

9.3.1.4. If contractor employee is a Foreign national, then additional paperwork and copy of Foreign passport, Visa, or green card shall be required.

9.3.2. Contractor shall instruct their personnel to make an appointment with the COR or alternate COR to get paperwork completed correctly.

9.3.2.1. Forms shall be typed, handwritten is unacceptable and will be rejected.

9.3.2.2. Once forms are accepted, Contractor employee will receive e-APP from security specialist.

9.3.2.2.1. e-APP is a portion of background investigation that will be emailed by the security specialist, to the email listed on Adjudication paperwork.

9.3.2.3. Failure to complete e-APP will cause employee to be found unacceptable to hire and rejection of contractor employee

9.3.3. Once paperwork is filled out and accepted by the COR, Contractor Personnel shall be fingerprinted by MVAHCS PIV office.

9.3.3.1. An appointment prior is necessary and should be scheduled through the COR.

9.3.3.1.1. It is required the personnel bring two forms of ID for this step.

10. CONTRACTOR RESPONSIBILITIES

10.1. 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

10.2. A requirement for annual security/privacy awareness training: "Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either: (i) the VA security/privacy awareness training (contains VA's security/privacy requirements) within 1 week of the initiation of the contract, or (ii) security awareness training provided or arranged by the contractor that conforms to VA's security/privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA's requirements, they will provide the COR or CO, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA's contract have received their annual security/privacy training that meets VA's requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

10.3. A requirement to sign VA's Rules of Behavior: "Before being granted access to VA information or information systems, all contractor employees and subcontractor employees requiring such access shall sign on an annual basis an acknowledgment that they have read, understand, and agree to abide by VA's Contractor Rules of Behavior which is attached to this contract." See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D. Note: If a medical device vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor's designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA's information and information systems.

10.4. The contractor shall adhere to only the following IT security sections contained in the IT Contract Security Clause below (VA Handbook 6500.6):

1. GENERAL

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

9. TRAINING

10.5. Upon contract award, the contractor will work with the MVAHCS Privacy Officer to complete a Business Associate Agreement.

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.