36C77620Q0145.docx

36C77620Q0145

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

777-20-4-6192-0116 36C77620Q0145 08-17-2020

WANAKEE STRICKLAND

314-894-6656 EXT 65107

08-24-2020

11AM

00776 Department of Veteran Affairs

PCAC-ST. LOUIS

4401-D Meramec Bottom Rd Saint Louis

MO

63129 X X 517312 1500 Employees N/A X See Attached Department of Veteran Affairs Employee Education System (EES) 4401-D Meramec Bottom Rd Saint Louis

MO

63129 00776 Department of Veterans Affairs

PCAC-ST. LOUIS

4401-D Meramec Bottom Rd St. Louis

MO

63129

Department of Veterans Affairs Financial Services Center Invoices To Be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135

PHONE: 877-353-9791

FAX: 512-460-5429

See CONTINUATION Page This solicitation for Internet Subscription servicesis in accordance with FAR 13.

Responses must be emailed to both of the following:

Rosella.Torcaso@va.gov Wanakee.Strickland@va.gov See CONTINUATION Page

777-3600152-6192-860500-2580-SPD0F00AV

x X

ROSELLA TORCASO

Contracting Officer 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 36C776 Department of Veteran Affairs

PCAC-ST. LOUIS

4401-D Meramec Bottom Rd Saint Louis MO 63129

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.

Department of Veterans Affairs Financial Services Center Invoices To Be Submitted Electronically www.ob10.com/us/en/veterans-affairs/ e-Invoice Setup Info Phone 877-489-6135 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

PERFORMANCE WORK STATEMENT

1. Title of Project: Box Subscriptions

2. Background: Employees in the Department of Veterans Affairs (VA), Employee Education System (EES) often have to obtain files from clients or subject matter experts (SMEs) who are either outside the VA networks or who are trying to move files that are too large to move across the VA network. There are current no technology options for exchanging such files.

3. Objectives: In order to best produce training that is relevant and current for VHA personnel, EES personnel must be able to easily access and transfer files both to other VA personnel and to SMEs outside of VA.

4. Scope of Work: The contractor shall provide all labor, materials, supervision, training, and other resources required for providing software as a service (SaaS) box.com subscriptions for 70 EES employee.

5. Applicable Documents: Not applicable (N/A).

6. Mandatory Deliverables: The Contractor shall provide the specific deliverables described below within the performance period stated in this Performance Work Statement (PWS). If, for any reason, any deliverable cannot be delivered on time according to the below schedule, the Contractor shall provide a written explanation to the Program Manager (PM)/Contracting Officer’s Representative (COR) three days prior to deliverable due date. This written transmittal shall include a firm commitment of when the work shall be completed. This transmittal to the PM/COR shall cite the reasons for the delay and the impact on the overall project.

The Contractor shall not commit or permit any act that interferes with the performance of work awarded to another Contractor or with the performance of Government employees. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor must restore such disturbed work.

Task 6.1: Provide set up of 70 EES Box.com subscription accounts that have the capability of moving files sized, at maximum, 5GB.

Deliverable 6.1:

A. 70 Box.com accounts that are accessible by EES employees for one year.

Task 6.2: Provide training of 70 EES employees on how to use Box.com.

Deliverable 6.2: Two live web-based training sessions on use of Box.com plus a self-help in PDF format.

Table 1, Mandatory Deliverable Table

Due Date

6.2a

6.2b

7. Evaluated Optional Tasks and Deliverables: N/A.

8. Quality Control:

8.1 Contractor’s Quality Control Program: The Contractor shall develop and maintain an effective internal quality control program to ensure that services performed are in accordance with the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum requirement, the Contractor shall internally develop quality control procedures that address the areas identified below in the Performance Requirements Summary (PRS).

8.2 Delivery and Performance Monitoring: Contractor’s box.com subscription accounts and training will be monitored by the PM/COR in accordance with the PRS.

The contractor shall notify the PM/COR once all the accounts have been setup. The PM/COR will confirm services/deliverables are received and accepted. This process will be used for approval of payment for the Contractor’s invoices and will serve as the mechanism to document that the overall performance of the Contractor has been acceptable for the period of time covered by the invoice.

PRS: The deliverables below, the Performance Standard is defined as Work being completed within established timeframes.

9. Government-Furnished Equipment (GFE)/Government Furnished Information (GFI): N/A.

10. Performance Details:

10.1 Period of Performance: The Box.com accounts shall be accessible by EES employees for one year, with one (12) month option period. In the event that the contract is extended through FAR clause 52.217-8 “Option to Extend Services,” the pricing proposed for the final contracted period of performance shall apply.

10.2. Place of Performance: The system and data reside on the contractor’s servers.

10.3 Observance of Government Holidays. There are 10 Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday. The other six holidays are set by a day of the week and month:

10.4. Type of Contract: The Government anticipates award of a Firm Fixed-Price contract.

10.5. Travel: N/A

10.6 Contractor Reporting Requirements (as required)

a. The Contractor shall submit a weekly (provided to the PM/COR via Email no later than 3:00PM EST each Friday) progress report, addressing the status of all active efforts, until all tasks/deliverables have been received and accepted by the PM/COR. These weekly reports shall also serve as the official reporting for order compliance, and each one will cover progress made for the prior week. At the conclusion of each deliverable, the Contractor shall provide a written email documenting deliverable completion.

b. The weekly progress report shall also identify any problems that may have arisen and provide an explanation of how each problem was resolved or, where one was not resolved, a plan for how the problem will be resolved.

c. The Contractor shall take minutes of all contract status conference calls and/or meetings held with the PM/COR. Copies of these minutes shall be attached to the next weekly progress report.

d. The Government will review each deliverable within 10 business days and provide comments. The Contractor shall have five business days to incorporate the Government’s comments and make appropriate revisions.

10.7 Contract Pre-Award Meeting: The Contractor shall not commence delivery of any items or performance on the tasks in this PWS until the CO has conducted a pre-award meeting or has advised the Contractor that the pre-award meeting has been waived.

11. Formal Acceptance or Rejection of Deliverables: The Government will review each deliverable within 10 business days and provide comments. The Contractor shall have five business days to incorporate the Government’s comments and make appropriate revisions.

12. Changes to the PWS: Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a contract folder, along with all other products of the contract. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor.

13. Confidentiality and Non-Disclosure: It is agreed that:

a. The preliminary and final deliverables, as well as all associated working papers and other material deemed relevant by VA that have been generated by the Contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted upon request to the CO at the conclusion of the contract.

b. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the Contractor. Any request for information relating to this contract presented to the Contractor shall be submitted to the CO for response.

c. Press releases, marketing material, or any other printed or electronic documentation related to this contract shall not be publicized without the written approval of the CO.

d. Non-Disclosure and Conflict of Interest: The Contractor and Contractor’s staff may have access to Government-sensitive information and shall be required to sign non-disclosure and conflict of interest statements.

13. Security Requirements:

13.1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as Department of Veterans Affairs (VA) and VA personnel regarding information and information system security.

13.2. 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. VA 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 United States (US) 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-US 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 US may be an evaluation factor.

e. The Contractor or Subcontractor must notify the CO 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 CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.

13.3. VA Information Custodial Language

a. Information made available to the Contractor or Subcontractor by VA for, or 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 Contractor’s/Subcontractor’s information systems or media storage systems in order to ensure that 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 that 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 CO within 30 calendar 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 Federal Information Processing Standard (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, then 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 for cause under Federal Acquisition Regulation (FAR) Part 12.

g. If a Veterans Health Administration (VHA) contract is terminated for cause, the associated Business Associate Agreement (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’s/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 CO 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 CO for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Certification and Accreditation (C&A) or memoranda of understanding and interconnection agreements (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 PM/COR.

13.4. 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 Federal Information Security Management Act (FISMA), Health Insurance Portability and Accountability Act (HIPAA), NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic Personal Health Information (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 (refer to 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 PM/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 PM/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 Microsoft Internet Explorer 7 configured to operate on Microsoft 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 Federal Desktop Core Configuration (FDCC) configuration.

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 do the following:

(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 the following:

(a) The Systems of Records (SOR) and

(b) The design, development, or operation work that the Contractor/Subcontractor is to perform;

(2) 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 on individuals of a SOR that is subject to the Privacy Act; and

(3) Incorporate this Privacy Act clause, including this subparagraph (3), into all subcontracts awarded under this contract that require the design, development, or operation of such 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 that contains the person’s name, identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint, 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 Contractor/Subcontractor 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 Contractor anywhere in the Systems, including Operating Systems and firmware. The Contractor/Subcontractor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The Contractor/Subcontractor 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 3 days.

k. When the Security Fixes involve installing third-party patches (such as Microsoft OS patches or Adobe Acrobat), the Contractor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 business days. When the Contractor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 3 days.

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

13.5. 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 vulnerability 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 PM/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 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 (i.e., 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, as well as third party or business partner networks, require MOU-ISA, which details 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 of the PIA. Any deficiencies noted during this assessment must be provided to the VA CO and the Information Security Officer (ISO) for entry into VA’s POA&M management process. The Contractor/Subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/Subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General (OIG). The physical security aspects associated with Contractor/Subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested, and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

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

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

g. All electronic storage media used on non-VA-leased or non-VA-owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization, upon the following: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the Contractor/Subcontractor or any person acting on behalf of the Contractor/Subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the Contractors/Subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the Contractor/Subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

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

(1) Contractor/Subcontractor must accept the system without the drive;

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

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

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

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

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

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

13.6. Security Incident Investigation

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access, loss, or damage to VA assets, sensitive information, or an action that breaches VA security procedures. The Contractor/Subcontractor shall immediately notify the PM/COR and, simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/Subcontractor has access.

b. To the extent known by the Contractor/Subcontractor, the Contractor/Subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/Subcontractor considers relevant.

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

d. In instances of theft, 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 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.

13.7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the Contractor/Subcontractor processes or maintains under this contract.

b. The Contractor/Subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA OIG an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including

(a) Date of occurrence;

(b) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen, or improperly accessed data in light of the degree of protection for the data (e.g., unencrypted, plain text);

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of $500 per affected individual to cover the cost of providing credit protection services to affected individuals, consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least three relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at a $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

13.8. SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the OIG, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the Contractor under the clauses contained within the contract. With 10 business days’ notice, at the request of the Government, the Contractor must fully cooperate and assist in a Government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the OIG. The Government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

THE CONTRACTOR SHALL PROVIDE ALL LABOR, EQUIPMENT, MATERIALS, SUPERVISION, AND OTHER RESOURCES REQUIRED TO INSTALL A DEDICATED 1GBPS FIBER CIRCUIT FOR INTERNET ACCESS ON THE JEFFERSON BARRACKS VA MEDICAL CENTER CAMPUS, USING THE EXISTING AT&T LAST MILE FIBER INFRASTRUCTURE. THE CONTACTOR SHALL PROVIDE ANNUAL INTERNET SERVICE PROVIDER (ISP) SERVICES USING THE DEDICATED 1GBPS CONNECTIVITY.

Contract Period: Base POP Begin: 08-31-2020 POP End: 08-30-2021

THE CONTACTOR SHALL PROVIDE ANNUAL INTERNET SERVICE PROVIDER (ISP) SERVICES USING THE DEDICATED 1GBPS CONNECTIVITY.

Contract Period: Option 1 POP Begin: 08-31-2021 POP End: 08-30-2022

THE CONTACTOR SHALL PROVIDE ANNUAL INTERNET SERVICE PROVIDER (ISP) SERVICES USING THE DEDICATED 1GBPS CONNECTIVITY.

Contract Period: Option 1 POP Begin: 08-31-2022 POP End: 08-30-2023

B.3 DELIVERY SCHEDULE

1.00

1.00

1.00

EMPLOYEE EDUCATION SYSTEM

PERFORMANCE WORK STATEMENT

EES BOX SUBSCRIPTIONS

MASTER

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price…