Attachement A -STATEMENT OF WORK.pdf

STATEMENT OF WORK

For the Services of Transcribers, Translators, Interpreters (Including Sign Language) and Court Reporters Scope of Services:

1. Contractor shall provide transcription, translation, interpretation

(Spanish/English) as well as Sign language for hearing impaired (Spanish/English), and Court Reporter Services for:

VA Caribbean Healthcare System (VACHS), 10 Casia Street San Juan, PR 00921

2. Material transcribed and translated may include technical/medical terminology and/or patient, visitors, employee’s privacy/protected information.

3. Translation services, defined as the translation of written, electronic and multi-media material to and from Spanish to English. Materials include but are not limited to: business, legal, medical, technical, documents, software, website localization for Internet and intranet, video subtitling and captioning. Services also include but are not limited to: formatting, proofreading, text adaptation, editing, graphic design, and desktop publishing.

4. General Transcription and Translation: Contractor shall provide transcription and translation of audio/video cassettes and/or CD-ROMs.

5. This service does not involve connection of contractor-owned IT devices

(such as a Laptop computer or remote connection from a contractor system) to a VA internal network. The C&A requirements do not apply and a Security Accreditation Package is not required.

6. Performance Requirements

1. The Contractor shall furnish the necessary personnel, materials, and services, and otherwise perform all duties necessary for and incidental to the verbatim reporting, translation and transcription of proceedings conducted by or pursuant to orders of the Office of Resolution Management, Regional Counsel, Office of the Director, Human Resources – Labor Relations, EEO hearings, Administrative Investigative Board (AIB), Compliance and Business Integrity Office (CBIO) and/or the Privacy/FOIA Officer, and/or any appointed designee by the VACHS Center Director.

2. All reporting shall be by Computer Aided Transcription machine (CAT) or latest and greatest technology. The Contractor shall utilize a backup system.

3. In case in which the contracting company is responsible of recording, if a testimony must be retaken as a result of mechanical breakdown of the equipment, CAT, transcribing, or stenographic tools, or as a result of negligence by the Contractor or any subcontractor, the Contractor shall provide the services necessary to retake the testimony at no additional charge to the VA Caribbean Healthcare System or to any party to the litigation. In addition, the Contractor shall bear all transportation and subsistence costs, to be computed in accordance with travel regulations incurred by VA Caribbean Healthcare System, the parties and their witnesses and attorneys in attending or testifying at such retaking of testimony.

4. The Contractor agrees that the assigned Reporter, Interpreter and/or

Translator shall perform all work in a business-like manner and according to the best standards of the reporting profession; the Contractor at all times, shall arrive promptly at the time, date, and place designated, as many competent Reporters and Stenographers and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory translations and/or transcripts which shall conform to the requirements of this contract.

5. To the maximum extent practical, when requested by the Office of

Resolution Management, Regional Counsel, the Administrative Judge, and/or the designee to work with the Administrative Investigative Board (AIB), etc., the Contractor shall assign the same Reporter, Interpreter and/or Translator to a proceeding lasting more than one (1) day or, in the case of a lengthy proceeding, the same group or Reporters.

6. The Contractor agrees that the assigned Reporter, Interpreter and/or Translator shall: (1) present himself or herself to the presiding official at least thirty (30) minutes prior to the time and at the place of designated hearings, or in no case later than the time required to set up all required equipment and be able to begin verbatim reporting at the designated time; or, if the case of a telephonic investigation shall make telephone contact to the presiding official at least thirty (30) minutes prior to the start time; (2) at all times be governed by the instructions of the presiding official in matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character; (3) report everything, spoken while a hearing is in session unless the presiding official directs an off-the-record discussion; (4) not omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs; (5) mark and number letter exhibits and arrange them in numerical or alphabetical order if directed to do so by the presiding official.

7. The Contractor is required to assure either directly or through his/her subcontractors; (1) that each Reporter, Interpreter and/or Translator is fully aware of the assigned work situation, including the occasional need for extending a hearing session beyond the normal workday; (2) that each Reporter, Interpreter and/or Translator is aware of the additional compensation available to him/her when such services are required and used; and (3) that, in fact, the additional compensation is received by Reporters, Interpreter and/or Translator.

8. The Contractor shall furnish complete translations and/or transcripts, which accurately reflect the full and complete verbatim record of the proceedings.

When the presiding official determines that there are errors in the translation and/or transcript, he/she may require the Contractor to correct the errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost to VACHS for the same, regardless of the delivery time the original order specified.

9. The Contractor shall furnish transcripts, which are legible. In the event the presiding official finds one or more copies of transcripts to be illegible, including copies to parties to the proceedings or the public, the Contractor shall correct and replace the same with acceptable copies within one (1) business day after receipt of notification from the presiding official and without additional cost for such replacement.

10. Special instructions

1. Translations must be “true and exact”, and in a manner which is understood by all involved parties, taking in consideration socio-linguistic and local cultural references.

2. Contractor should have the ability to provide idiomatic translations of non-technical material using correct syntax and expression from to Spanish and English.

7. Format Requirements

1. Transcripts shall be typed; typing shall be nine (9) characters to the inch, double-spaced, and with twenty-four (24) lines per page. Whenever testimony is continuous requiring more than one line, the typing shall begin as close as possible to the left ruled margin line with words to be hyphenated properly when necessary. Numbers indicating each line of transcript on each page, i.e., 1 to 24, inclusive, shall be printed at the left margin line of the original transcript. Pagination of the transcript shall be in a single series of consecutive numbers regardless of the number of days of the proceeding.

Pagination of the transcript of a continuation of the proceeding shall follow consecutively the paging of the previous session in the same proceeding unless otherwise directed by the presiding official.

2. Page Numbers are to be placed at the bottom center of each page.

3. Printing and reproduction shall be by regular office-type duplicating machines or laser printers, on white 20-pound rag paper or equal. Paper shall be 8 1/2" X 11" in size, with a margin of 2" at the left-hand side.

4. Transcripts shall be punched with three (3) holes at the left side; the upper and lower holes to be two (2) inches from top and bottom of the page, and the third hole to be in the center of the resulting interval. Transcripts shall be secured with a suitable fastener of permanent nature. Each copy of the transcript furnished shall be bound with covers of good quality, white or colored 140-pound index paper, heavy weight transparent plastic or similar material.

5. In the original and each copy of the transcript, the title page showing name, docket number, place and date of proceeding, appearances, location, etc., shall be preceded by a page or pages of distinctive color, indexing the witnesses and exhibits to the testimony. Each transcript shall include one complete cumulative index of witnesses and exhibits. The index shall indicate the page devoted to the testimony of each witness and shall identify the exhibits by number or letter (as marked) and show which party introduced each exhibit; give a brief description of the nature of the exhibit;

and state the page on which the exhibit was marked for identification and the page on which the exhibit was admitted into evidence or rejected or withdrawn.

6. Contractor will provide one original, two copies, and a CD-ROM of transcriptions. Copies will be prepared as stated above. The rate for the hard copies of the transcripts will be the same rate for the EEO depositions, EEO hearings, and EEO investigations, etc.

8. Certificate of Reporter, Interpreter and or Translator

1. All translations and/or transcripts shall be proofread by someone other than the transcriber. In addition, the Reporter shall read the final proofed transcript, whether transcribed by him/herself or by another individual and shall certify its accuracy. At the end of each volume of transcript, the Contractor shall append a certificate, which shall read as follows:

Certificate of Reporter:

Name of Hearing

Docket Number

Place of Hearing

Date of Hearing

I hereby certify that the foregoing pages, numbers _____through _____inclusive, are the true, accurate, and complete translation and/or transcript of the above proceeding, and have verified the accuracy of the transcript by comparing the final proofed transcript against the reporting or recording accomplished at the proceeding.

Name and Signature of Reporter Date

Name of Company

9. Type of Proceeding

1. Proceedings shall be designated as confidential. When a proceeding or any portion thereof is designated confidential, the Contractor shall hold inviolate and in the strictest confidence any and all information which he/she may gain in the performance of his/her duties under this contract. The Contractor shall not divulge, sell, or distribute, any information gained at a confidential proceeding. The Contractor will submit a signed certification of confidentiality stating the following:

Date:

From:

Subj: Confidentiality

Statement To:

1. You have been designated to lend competent Court Reporter, translation/transcription services. It is essential to the integrity of the complaint process that the personal and sensitive material obtained in the course of this investigation is kept confidential.

2. While you will not be sworn to secrecy or requested to give a pledge of confidence, you are advised that discretion must be exercised relative to the confidentiality of the material contained in this tile. The Privacy Act and the Code of Federal Regulations, among other laws and regulations prohibit disclosure of information of this nature.

3. Your cooperation in this matter is appreciated.

(His/her telephone number) __________________________

Acknowledge receipt of this memorandum and intend to comply with its provisions.

Print Name: ___________________________________

Signed: ______________________________________

Date: ________________________________________

Witnessed: ___________________________________

Date: ________________________________________

4. Oaths and Notary Services

1. With the exception of the AIB testimonies, the Reporter shall be competent to administer oaths. All translations and depositions shall be notarized by a duly authorized notary. No separate fee is to be charged for notary services, administering oath, or affixing seal.

5. Conflict of Interest

1. A conflict of interest is defined as the existence of financial or other relationship between the Contractor, including any of his/her employees, agents, subcontractors, or representatives, and a party to or an attorney involved or representatives, and a party to or an attorney involved in a proceeding to be transcribed under this contract. The Contractor shall promptly notify the presiding official whenever there is a potential or actual conflict of interest between the Contractor and such party or attorney. If a potential or actual conflict of interest is reported by the Contractor, the Contracting Officer reserves the right to have the transcript of that proceeding produced by another transcriber /translator or court Reporter at no cost to the Contractor, notwithstanding any other provision of this contract. Should a new proceeding be required because a conflict of interest exists which the Contractor failed to bring to the attention of the presiding official, the Contractor shall bear the full cost of the new proceeding.

6. Delivery Schedule/Third Party Copy

1. An original and two copies of all transcripts ordered shall be delivered double sealed to the presiding official, during regular business hours (8:00am through 4:30pm, Monday through Friday, excluding Federal Holidays) with postage or other transportation charges fully prepaid by the Contractor as follows:

1. Regular copy - Regular copy of transcripts (original and 2 copies) shall be delivered within fifteen (15) business days after conclusion of the proceedings. Computation of this period shall commence on the working day following conclusion of the proceeding.

2. Accelerated copy - Daily copy of transcripts (original and 2 copies) shall he delivered within three (3) business days after the conclusion of each day of the proceedings. Computation of this period shall commence immediately upon conclusion of each day of the proceedings.

2. Whenever a hearing or deposition is continued, recessed, or adjourned for a period of five (5) or more calendar days, that portion of the transcript of the hearing held prior to such continuance, recess, or adjournment shall be considered a complete hearing for the purpose of computing time for delivery of the transcript.

3. An original translation shall be delivered by email, during regular business hours (8:00am through 4:30pm, Monday through Friday, excluding Federal Holidays) with postage or other transportation charges fully prepaid by the Contractor as follows:

1. Regular copy - Regular copy of translations (original) shall be delivered within

2. Accelerated copy - shall he delivered within three (3) business days after the request has been placed.

4. Requests for services will be made either in writing by e-mail or by telephone.

5. The Contractor will determine within a reasonable time, normally within 24 hours of the time the request for services was made, whether or not a Reporter, Interpreter and/orTranslator will be available. If this determination is not received, VA Caribbean Healthcare System reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. VACHS will be the sole in determining when to order service from another source.

6. Regardless of whether the delivery ordered is regular or accelerated copies, if the Contractor fails to deliver the transcript within the applicable period prescribed, a reduction in price will be made as liquidated damages. The amount to be paid for the transcript will be reduced by two percent (2%) of the price for the transcript, computed at the rates set forth in this contract, for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the presiding official, up to a total of fifty percent (50%) of the transcript price. Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered. Failure to furnish a reporting service or delinquency in the delivery of a transcript is a default and subjects the Contractor to the default provision of this agreement.

7. Services

1. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract. The VA Contracting Officer will prepare the modification.

2. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon.

3. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of VA Caribbean Healthcare System.

4. There is no employer-employee relationship between VACHS and the Contractor or the Contractor's employee(s).

8. Term of Contract

1. This contract is effective for a period of one year from the date of award, with four one-year options. The contract is subject to the availability of VACHS funds. The Contractor shall perform no service after September 30th, each year until the Contracting Officer authorizes such services in writing.

9. Qualifications

1. Personnel assigned by the Contractor to perform the services covered by this contract shall have a full and unrestricted license in a State, Territory, or Commonwealths of the United States or the District of Columbia.

10. WORK HOURS

1. The Contractor shall provide the services covered by this contract as defined herein. The Contractor will not be required to furnish such services during off-duty hours as described below:

1. National Holidays: The 10 holidays observed by the Federal

Government are: New Year's Day (January 1st), Martin Luther King's Birthday (3rd Monday in January), Presidents' Day(3rd Monday in February), Memorial Day (last Monday in May), Independence Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday in October), Veterans Day (November 11), Thanksgiving Day (4th Thursday in November), Christmas Day (December 25th) and any other day specifically declared by the President of the United States to be a national holiday. Local holidays are considered working days.

2. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

2. Personnel Policy

1. The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

1. Workers compensation

2. Professional liability insurance

3. Income tax withholding, and

4. Social security payments.

2. The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VACHS employees for any purpose.

3. Record Keeping

1. VACHS shall establish and maintain a record keeping system that will record the hours worked by the Contractor's employee(s). Contractor's employee(s) shall report to the presiding official upon arrival at and departure from the VACHS. Monitoring of Contractor's employee's time shall be demonstrated through sign-in/sign-out sheets. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

Key Personnel and Temporary Emergency Substitutions

1. The Contractor shall assign to this contract the following key personnel:

Court Reporter, Translator/Interpreter, Sign Language Specialist and Transcriber.

2. During the first ninety (90) days of performance, the Contractor shall make

NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

3. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive workdays or more, the Contractor will provide a qualified replacement for the key person. This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure stated in paragraph (b) above.

5. HHS/OIG

1. To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals / Entities.

6. Confidentiality and Security of PHI and PII

1. When VA Caribbean Healthcare System is providing information involving patient records (PHI) or PII to non-Federal entities, the records maintained by Contractor to provide services to VACHS are subject to the Privacy Act, HIPAA, FOIA, and other VA specific laws regarding the confidentiality.

2. The contractor, their personnel, and their subcontractors shall be subject to the

Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. Contractor will comply with VHA Directive 6500.

3. The Contractor will be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work.

VA INFORMATION AND INFORMATION SYSTEM

SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO

CONTRACTS, AS APPROPRIATE

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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 PROGRAM MANAGER.

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 PROGRAM MANAGER, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

The contractor/subcontractor shall certify to the PROGRAM MANAGER 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.

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.

Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

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.

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.

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.

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.

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.

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 2 days.

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 5 days.

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.

SECURITY INCIDENT INVESTIGATION

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

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.

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.

In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and 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.

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 Office of Inspector General 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.

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 $37.50 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 3 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 $0 deductible; and

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

SECURITY CONTROLS COMPLIANCE TESTING

On a periodic basis, VA, including the Office of Inspector General, 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 working-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 Office of Inspector General. 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.

VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR ENSURING

ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS

7.1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-

319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval.

This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

7.2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols.

As part of the screening process contractors may be asked screening questions found on the following website: COVID-19 Screening Tool.

Regularly check the website for updates.

a. Contractor employees who work away from VA locations, but who will have direct patient contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

7.3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.”

All contract employees shall comply with VHA Directive 1192.01 Seasonal Influenza Vaccination Program for VHA Healthcare Personnel. This policy applies to all individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other HCP as part of their duties.

MASKING REQUIREMENTS FOR UNVACCINATED HEALTH CARE PERSONNEL

HCP who do not receive influenza vaccination due to medical or religious exemptions must designate this at the VA Employee Health Unit on the Health Care Professional Influenza VA Form 10-9050 and wear a face mask while in any VHA location, including both clinical and non-clinical areas. In addition, HCP are required to wear a face mask during performance of their assigned duties and responsibilities. The face mask shall be work throughout the influenza season, or until the individual HCP receives a flu vaccination and completes the required VA Form 10-9050

The Annual Estimate of each Court Reporter category is as follows:

1. Court Reporter Unit

1. Appearance fee/Less than 4 hours Per hour

2. Appearance fee/More than 4 hours Per hour

3. Cancellation fee for court reporter within 24 hours

2. Transcript Turn Around Time

4. Reg delivery (15 Bus days) Per page

5. Rush delivery (10 Bus days) Per page

6. Rush delivery (5 Bus days) Per page

7. Rush delivery (48 hours) Per page

8. Reg delivery (2-language Spanish/English Per page

3. Interpreter/Signing (Spanish/English)

9. Reg Rate/per hour (Two hour min.) Per hour

10. Premium Rate/per hour (Two hour min.) Per hour

11. Cancellation fee for interpreter within 48 hours -

12. Premium Rate/per hour (before 8am or after 5pm)

Per hour

4. Additional CDs & Binders:

13. Additional CDs (First three are no charge) Per unit

14. Additional Binders (First tree binders are no charge)

Per unit

15. Audio CDs - Special Request Per unit

Include prices for each period separately.

STATEMENT OF WORK