ATTACHMENT 1 PWS.docx

Performance Work Statement (PWS) Unarmed Security Guards for the Tampa VA Healthcare System (TVAHS)

1. Introduction:

The purpose of this PWS is to provide a performance-based work statement for unarmed guard services. Services will be rendered in the Tampa VA Health Care System VISN 8 office located at 8900 Grand Oak Circle, Tampa, FL 33637. The Tampa VA currently does not have unarmed security guards. This contract will augment the VA Police Service. Tampa VA Police need services for the protection and safeguarding of veterans, visitors, government employees and property within Tampa VA jurisdiction.

2. Background:

The VA Police are the security and law enforcement component of the VA. This service will provide physical security safeguards for Veteran Administration (VA) patients, their families, VA employees, facilities, United States Government property, and assets from loss, theft, damage, unauthorized use, and criminal acts etc... Security guards have a crucial and highly visible role in support of VA Police’s mission.

They are usually the first (and sometimes only) contact visitors have with the VA community, and they are usually the first line of defense in a VA controlled facility. Visitors and VA employees perceive the Security Guards to be an integral part of the VA Police’s mission. It is crucial that the Contractor ensure that their employees realize the importance of their role and perform their duties courteously and professionally.

3. Scope:

The Contractor shall furnish all labor, supervision, materials, equipment, transportation, and management necessary to provide guard services in accordance with the stated requirements in this PWS, except Government Furnished Properties. The Contractor shall implement all necessary scheduling, personnel, and equipment control procedures to ensure the timely accomplishment of all guard service requirements. The contractor shall furnish coverage for breaks and lunches of their personnel at the gate posts. The person(s) used for break and lunch coverage shall be used for directed roaming patrols when not covering a post. Should a post have more than one person covering it, those at the post may relieve each other for bathroom breaks during peak hours if a rover is not available.

4. Performance Requirements:

4.1 Post orders

4.1.1 Post orders shall be submitted to the COR/PM??? Within 30 days of contract award

4.1.2 Post orders shall be created for each location.

4.1.3 Post orders shall be reviewed monthly by the contractor to ensure they meet current requirements and updates sent to the COR/PM prior to issuance at the posts.

4.2 Generate records

4.2.1 Maintain a daily chronological record of security activity developed from reports, complaints, incidents, or information received and actions resulting therefrom.

4.2.2 Records shall be compiled electronically monthly and sent to the COR/PM?? .

4.2.3 Incidents requiring the guard to take action shall be reported as soon as possible to the COR/PM via email.

4.3 Perform physical security checks such as but not limited to testing motion/intrusion and duress alarms.

4.4 Monitor electronic security systems such as but not limited to CCTV, motion/intrusion and duress alarms, fire, and water pressure systems.

4.5 Conduct patrols throughout facilities, parking lots, garages, and any outbuildings.

4.6 Respond immediately to any incidents when discovered or notified by another party. Provide a detailed report for all incidents.

4.7 Interact with local law enforcement when necessary.

4.8 Contractor shall manage, schedule, and supervise the unarmed security staff including providing coverage for all breaks and lunches.

4.8.1 Schedule and assign staff as appropriate to provide security services per location.

4.9 Contractor shall provide a monthly report of all motion/intrusion and duress alarm tests to the Contracting Officer Representative (COR).

4.10 Contractor shall follow all Agency Policies, Regulations and VA Police SOP along with all local and state requirements for unarmed security.

4.11 Contractor shall comply with all Joint Commission Hospital Security Standards. See https://www.jointcommission.org/accreditation/hap_standards_information.aspx

5. Responsibilities:

5.1 Security guards must be in uniform and present a neat appearance while on duty. Uniforms are to be maintained so that shoes are shined, clothing is to be well fitted, clean and pressed. The contractor shall ensure that guard personnel present a neat professional appearance, paying attention to personal hygiene, uniform, and equipment.

5.2 The employee must maintain a continued state of proper training and possess the necessary permits, authority, etc. They shall maintain continued liaison with their onsite supervisor or Police Point of Contact.

5.3 Take appropriate action to prevent the occurrence of fires, explosions, collapses, and other man made or natural catastrophes. In such an event, summon appropriate response and then notify VA personnel. Assist in minimizing the effects and in restoring the area to a safe condition.

5.4 Security Guard Procedures: The subsequent procedures shall be followed for admittance each location when and where appropriate.

6. Guard Duties – Building and area security as applicable:

6.1 Entrance Control Post: Operate and enforce a system of personnel identification as necessary. Perform package inspection when required and duly authorized. Perform Guest/Visitor Tracking including managing any guest/visitor management systems in designated areas and maintain logs of commercial vehicles.

6.2 Building rules and regulations: Observe building occupants and visitors for compliance with posted rules and regulations, notify VA Police of violations.

6.3 Unauthorized Access: Discover and report persons attempting to gain unauthorized access to the property.

6.4 Hazardous Conditions: Reports to the COR/PM??? or representative verbally or in writing as necessary any potentially hazardous conditions and items in need of repair, including inoperative lights, leaky faucets, toilet stoppages, broken, wet or slippery floor surfaces, etc.

6.5 Civil Disturbances: Reports to VA Police and COR as may be necessary, in the event of a criminal acts adversely affecting the security and/or safety of VA, its employees, property and the public.

6.6 Emergencies: Respond to emergency situations and provide appropriate assistance. Immediately notify VA Police, COR, of any action taken.

6.7 Observes for evidence of criminal activity, security and safety violations and reports such activity to VA Police.

6.8 Communicates with the control desk and other officers, utilizing two-way radio or VA assigned phone to report and summon assistance.

6.9 Observes and question suspicious persons to determine the nature of their business and to provide appropriate directions or control, using basic security skills.

6.10 Performs emergency first aid as necessary to save lives, utilizing basic first aid and CPR.

6.11 Seeks voluntary compliance by visitors, employees and patients with VA Regulations, Policies and Federal Laws or State Statue using interpersonal skills.

6.12 Exhibits a helpful, friendly, and constructive attitude in his/her relationships with patients, employees, and the public to maintain proper public relations, utilizing skill in oral communications.

6.13 Site specific as applicable: Turns off unnecessary lights, check safes, lock-type repositories and cabinets, close/open windows and secure doors and gates, etc. Unlocks outside doors upon opening and locks outside doors upon closing.

6.14 Security guard shall be at assigned post at designated time and conduct a personal or telephonic/radio check with VA Police Dispatch or supervisor upon assuming post. At end of shift the security guard will notify telephonically or in person VA Police Operations or supervisor. The guard shall be positioned in an easily recognizable area in the clinic or assigned post area indicating they represent the Security Company.

6.15 Investigate and report any suspicious activity in accordance with established facility security policies and procedures

6.16 Monitor, assess, and respond to alarms. Investigate and report any suspicious activity in accordance with established security policies and procedures.

6.17 Conduct random inspections when duly authorized by COR or Police Service Representative.

6.18 Deter and report unauthorized personnel and/or vehicular activities on the facility.

6.19 Ensure qualified, trained relief personnel are on duty as a replacement for any employee deemed unable to perform the assigned duties. The Contractor shall have a qualified relief replacement available within a two-hour time frame.

6.20 Provide additional qualified security guards for planned events, short- and long-term emergencies, and ad-hoc situations as required. The VA shall provide the Contractor as much advanced notice as possible depending on the event(s) and/or circumstances.

6.21 Operate, maintain, and enforce the system of personnel identification and access controls for facility employees and visitors prescribed by established orders, policies, and procedures.

6.22 Operate, monitor, and assess the surveillance and intrusion detection systems as required.

6.23 Receive, receipt for, and secure prohibited personal property as well as lost and found articles pending transfer to appropriate authorities.

6.24 Perform escort duties as required by security policies and procedures for the facility.

6.25 Provide written and verbal reports as required by existing policies and procedures.

6.26 Health and Physical Fitness Requirements: All personnel assigned by the Contractor shall be physically able to perform all general duties, functions and activities of their assignment; shall be free of any communicable disease; shall be well proportioned as to height and weight; shall be in good general health, without physical defects or abnormalities which could interfere with the performance of their duties; shall possess binocular vision correctable to 20/30 (Snellen); shall be free of color blindness; and be capable of hearing ordinary conversation at 15 feet with either ear.

6.27 Drug Screening: Must pass contractor provided drug testing, prior to selection for contract work.

6.28 Smoking –Employees are required to adhere to the VA Facility’s no smoking policy. There is no smoking on any VA property, leased or owned by the VA. Guards who smoke will be restricted to smoking only off property.

6.29 Use of personal electronics such as but not limited to cell phones, headphones, personal tablets, or personal computers is prohibited while on duty. Use is permitted when on breaks.

7. Other Requirements:

7.2 Education and Experience. The Contractor shall ensure that guard personnel have, as a minimum, a high school diploma or General Equivalency Diploma (GED) and have two (2) years of experience demonstrating the ability to:

7.3 Written and Oral Communication Skills. The Contractor shall certify in writing to the CO/COR that each guard is fluent in speaking, reading, writing, and understanding English. They also must be able to write official reports that are grammatically correct and technically accurate.

7.4 Replacement of Guard and Clean Records. The contractor will ensure that no guard is replaced with a non-qualified person. Any new hires or existing guards will not be hired nor will they be working at any time with a felony conviction unless accepted in writing by COR and CO.

7.5 Physical Fitness Certification. Before assuming duties, the Contractor shall certify in writing to the COR, each guard has been medically examined and determined to satisfactorily meet the medical qualification requirements.

7.6 Medications (Prescribed, Non-Prescribed, Intoxicants). The Contractor shall ensure that while on duty no contract guard or Contractor employee will possess, sell, consume, or be under the influence of medications, intoxicants, drugs, or substances which impair the ability to perform their assigned duties.

7.7 Random Drug and Alcohol Testing. The VA may require Contractor-conducted random drug and alcohol tests for guards working on this contract, and retain results if needed for review by the COR.

7.8 Standards of Conduct. The Contractor shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity, and be responsible for taking disciplinary action against employees as necessary. Each Contractor employee is expected to adhere to standards of conduct that reflects credit upon themselves, their employer, the VA, and the Federal Government. The Government reserves the right to direct the Contractor to remove an employee from the work site and/or this contract for failure to comply with the standards of conduct. The Contractor shall initiate immediate action to replace such an employee to maintain continuity of services at no additional cost to the Government. The Standards of Conduct shall be included in the Guard Manual.

7.9 Disorderly Conduct. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned on any level. Also included is participation in disruptive activities which interfere with normal and efficient Government operations.

7.10 Neglect of Duties. The Government reserves the right. This includes, but is not limited to, sleeping on duty, intoxication, unreasonable delays, or failures to carry out assigned tasks, conducting personal affairs during duty hours, such as surfing the internet on phone, constant texts that will detract from their duties, excessive personal calls and refusing to render assistance or cooperate in upholding the integrity of the work site security.

7.11 State and Local Licenses. The contractor is responsible for ensuring that all guards qualify for and continue to meet requirements for any state or local licensing requirement.

7.12 Authority and Jurisdiction. The authority of Contractor personnel to detain and/or make arrests shall be that of private citizens as defined by the laws of the State of Florida; and each member of the guard force shall be under a duty by his/her employment under this contract to exercise that authority in the manner directed by this contract, including the Guard Manual and Post orders

7.13 USE OF FORCE.

7.13.1 Licensed security guards are not law enforcement officers and are not granted any police powers regarding arrest or use of force. Section 493,6118(1)(i), F.S.

7.13.2 Deadly force may never be used by a security guard except in self-defense or defense of another from imminent death or great bodily harm. The use of deadly force to protect property or to prevent property loss is prohibited by law. Section 776.012, F.S.

7.13.3 Non-deadly force may be used by a security guard to the extent necessary for self-defense or defense of another against the use of unlawful force or to prevent or terminate trespass or “interference’’ with property the security guard has a legal duty to protect.

7.14.4 If the guard is called upon by local police department or VA police to assist in a reasonable manner, the unarmed guard shall assist the police. The guard force shall be familiar with and strictly adhere to and comply with the limits of authority, jurisdiction, and force.

7.15 Records and Reports. The Contractor shall maintain records and prepare reports as set forth by this PWS. A copy of all reports shall be maintained and available for inspection by the Government always.

7.16 Investigations. Periodically, the Contractor may be required to make written and oral statements to the local Police or VA Police, Federal Bureau of Investigation, or other agencies due to the nature of an incident. Any written statements provided shall be considered a report under the terms of the contract and a permanent record in this contract.

7.17 Criminal Actions. Contracted employees are subject to criminal actions as defined by Title 18 United States Code and any other applicable law.

7.18 Monthly Work Schedule. The Contractor shall provide a monthly work schedule, which indicates specific hours of the day that each post will be staffed, the guard’s name and the number of personnel per post.

7.19 Contractor Pre-Employment Investigation

7.19.1 The Contractor shall be required to certify in writing to the COR/CO that each guard has successfully passed a pre-employment suitability investigation in accordance with this paragraph before the guard is assigned to the VA facility. The Contractor shall be required to conduct or have conducted a suitability investigation for everyone. The investigation shall include the following:

7.19.2 The Contractor shall provide the results of the investigative reports for each guard to the CO or COR not later than fifteen (15) days prior to beginning duty.

7.20 Convictions.

7.20.1 Felony Convictions. The Contractor shall ensure that no employee has a felony conviction and no convictions, either felony or misdemeanor, that reflect on the individual's suitability.

7.20.2 Misdemeanor Convictions. The Contractor shall conduct a local file check for guards working on this contract for compliance with the Lautenberg Amendment.

7.21 Employment of Government Personnel. The Contractor shall not hire off-duty government employees whose employment would result in a conflict with Office of personnel Management (OPM), Department of Veterans Affairs, VA Regulations, and any other Federal Codes.

7.22 Contractor Furnished Equipment. The contract requires that the Contractor shall provide employees all necessary equipment to perform their duties in a competent, capable, and efficient manner. The Contractor shall make the following typical equipment available to guard personnel to perform normal functions: radios (may be provided by the OVAHCS at its discretion), cell phone, first aid kits, high-power flashlights, other portable communication devices, portable fire extinguishers, traffic control devices and such other items as the VA may deem necessary.

7.23 Uniforms. The Contractor shall ensure that all guards shall wear a complete uniform, of the type prescribed in this clause at all times, when on duty. The appearance of uniforms shall be maintained so that shoes are shined; so that all items fit well and are clean, neat, and well pressed; and so that the uniform otherwise presents a favorable public image. The uniform's color(s) shall be the same as that in general use by large guard or police organizations in the United States. All employees shall wear the same color and style of uniform.

7.24 Radio Communications. The Contractor shall furnish all necessary multichannel radio transceiver communications equipment so that each employee on duty may be contacted by the Contractor's radio communication system and/or shift supervisors, and the VA facility. The Contractor shall comply with appropriate Federal Regulations to obtain all necessary frequencies and permits for equipment operation. The exact guard force frequency(ies) shall be coordinated with the COR prior to operation to prevent interference with Government operations, and in no event, shall "Citizens Band" frequencies be accepted. The government, at its discretion, may provide these radios. When provided by the government, the radios shall be signed for by the contractor. Radios provided by the government shall be accounted for daily.

7.25 When provided by the contractor, the Radio/Telephonic Communications equipment Contractor provides must establish radio/telephonic communications within one (1) minute with the local VA Police or local emergency services as specified in the post orders. This equipment shall be functional and maintained by the Contractor.

7.26 Key/Combination Control. The Contractor shall receive, secure, issue, and account for all keys/access cards or combinations issued for access to buildings, offices, equipment, gates, etc. for the purposes of this contract. Prior to starting work, the Contractor shall sign a receipt for all keys/combinations issued by the Government. The Contractor shall maintain records which show how many keys are in existence, in whose possession and who has knowledge of and/or access to combinations. These records shall be made available to the COR/CO, FSC, VA Police or any other Government Investigative Authority upon request. Keys shall not be duplicated or leave the facility. Key control may be moved to electronic boxes furnished by the government. The COR/PM??? shall provide new guidelines in the event this happens.

7.27 Travel. The Government will not pay for travel. All travel cost is the responsibility of the contractor.

8. Work Requirements:

8.1 Entry and Exit Control. The Contractor shall deter unauthorized person(s), property, or vehicles from entering the area(s) defined in the Facility Guard Manual. All posts shall be controlled during the specified times.

8.2 Roving Patrol. The Contractor shall conduct roving patrols as specified in the PWS. All roving patrol guards shall be equipped with communications equipment as specified in the Radio Communications and Radio/Telephonic Communications sections of this PWS and be capable of making contact within one (1) minute of notification to the VA facility, Contractor, and supervisor(s). The roving patrol shall be assigned duties as need to include parking garages, parking lots, buildings, etc.

8.3 Building/Equipment Checks. Security checks shall be of all buildings and pieces of equipment. While such checks are primarily to detect unsecured facilities, the guard shall also immediately report to the appropriate authorities any fire, flooding, or other condition that could result in damage to buildings/equipment or injuries to personnel. The guard(s) shall also turn off unnecessary lights and appliances and close windows/doors to conserve energy. The Contractor's employees shall not disturb papers on desks, open desk drawers or cabinets, erase blackboards, or use Government equipment except as authorized.

8.4 Complaints/Threats. The Contractor shall record complaints from any person concerning security, safety, or law enforcement within the Government's jurisdiction. Such complaints shall be promptly reported to the COR/FSC or police for resolution and disposition. The Contractor shall endeavor to deter crimes against persons without waiting for a specific complaint, while immediately notifying the appropriate authorities.

9. Places of Performance, Hours of Operations, and Work Hours:

9.1 Place of Performance.

9.2 Estimated Time of Performance. The Tampa VA reserves the right to change this requirement to fit the needs of the Tampa VA, VISN 8, OPC and CBOC’s operations.

9.3 Hours of Work: Normal Government Working hours are 7:00 AM – 4:30 PM, excluding Federal Holidays.

9.4 Federal Holidays: See Federal Holidays (opm.gov)

10. Security Requirements:

11.0 Points of Contact:

11.1 The Government shall designate a primary and alternate point of contact at the kickoff meeting.

11.2 The Contractor shall provide a primary and alternate point of contact at the kickoff meeting.

12.2 PERFORMANCE STANDARDS REQUIREMENTS SUMMARY MATRIX

Indicators Performance Standards

(Positive &/or Negative)

Contractor shall provide unarmed security for the OVAHS in accordance with the PWS

Negative: May result in adverse CPARS and/or reperformance of work.

Observation by Government designee.

Positive: Acceptable rating in CPARS.

Negative: May result in adverse CPARS.

Random onsite inspection by Government designee. In

Positive: Acceptable rating in CPARS.

Negative: May result in adverse CPARS.

Negative: May result in adverse CPARS.

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. James A Haley Veterans’ Hospital and Clinics and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of James A. Haley Veterans’ Hospital and Clinics or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to James A. Haley Veterans’ Hospital and Clinics. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to James A. Haley Veterans’ Hospital and Clinics control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and James A. Haley Veterans’ Hospital and Clinics guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with James A. Haley Veterans’ Hospital and Clinics policy.

8. The Contractor shall not create or maintain any records containing any non-public James A. Haley Veterans’ Hospital and Clinics information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The James A. Haley Veterans’ Hospital and Clinics owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which James A Haley Veterans’ Hospital and Clinics shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #4192704, Records Management for Everyone. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down of requirements to Subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

With No Sensitive Data but Requires Training

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

VA INFORMATION CUSTODIAL LANGUAGE:

a. 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.

b. 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.

c. 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.

d. 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.

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 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 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

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.

SECURITY CONTROLS COMPLIANCE TESTING:

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all 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.

TRAINING:

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this PWS.

All Contractor, Pharmaceutical Company Representative (PCR), and Healthcare Industry Representatives (HIR) will coordinate with Contracting Officer Representative for instructions so they are in compliance with James A. Haley Veterans’ Hospital policies listed on the JAHMC Document Management Center share point site:

HPM NO. 90-25; HEALTHCARE VENDOR ACCESS AND COMPETENCY

HPM NO. 132-04; SECURITY MANAGEMENT PROGRAM

HPM NO. 13205; HOSPITAL IDENTIFICATION PROGRAM

HPM NO. 11-91; PHARMACEUTICAL COMPANY REPRESENTATIVES

HIR are required to report to MSDU (Room GC-003), immediately after entering the facility. HIR will be required to sign into the monitoring system and print a badge for proper identification. . The Healthcare Industry Representatives for Nutrition and Food Services, Office of Information and Technology, and Social Work Services are in included in this policy; vendors (HIR) for Pharmacy Services are to follow (HPM 11-91) policy. HIR must be sponsored by a physician, a Service Chief, or their designee, for a specified date and a specified case. HIR are not permitted in patient care areas or clinics unless a prior appointment has been made.

Pharmaceutical Company Representative (PCR) refers to anyone acting on behalf of a pharmaceutical company or its business partners for the purpose of promoting the use of items managed under the VA formulary process. These items primarily include drugs, but to a lesser extent also include any medical supplies, nutritional supplements, and similar commodities managed under the VA formulary process.

a. Sign-In: PCRs may visit VA Medical care facilities no earlier than 8:00 a.m. and stay no later than 3:30 p.m., Monday through Friday, unless they receive prior approval from both the Chief of the Service that they will be visiting and the Chief of Pharmacy. Representatives visiting the JAHVH must sign in at the Pharmacy Administrative Office (Located in Trailer 78) and wear a visitor’s badge as well as their company’s personal name badge while in the hospital.

Vendors: Reference Hospital Memorandum Policy Number 90-25 Healthcare Vendor Access and Competency.

Contractors and/or project managers: Will be issued a PIV/ID badge in accordance with the facility PIV Policy. Contactors will contact their assigned VA Contracting Officer Representative (COR) for coordination.

Contract Personnel/Sub-Contractors: Contractors are responsible for the daily accountability and identification of all personnel assigned to their respective contract including sub-contractors. Contractors will identify personnel using the following procedures as appropriate.

Construction Project contract personnel will report to the contractor for issuance of a temporary self-adhesive identification badge. This badge will be issued on a daily basis and must include the following information: Company name, project number, date, and name of individual. Contractor will maintain a daily log of all personnel.

Contract personnel not involved in an actual construction project will report to police dispatch for issuance of a numbered badge. A driver’s license or photo ID will be required each day upon entering the facility, in exchange for the badge, and will be given back once the badge is returned to police dispatch. The contractor will provide Police Service with a list of names for all sub-contract personnel requiring access to the facility. It is the responsibility of the contractor to update the list as necessary.

NPR OPC; CBOCs and Off-site Lease facilities with VA Police staffing: As above with check-in with VA Police.

Off-site Lease facilities w/o VA Police staffing: Coordinate with COR, Administrative Officer, or Service Point of Contact.

MARCH 12, 2010

VA HANDBOOK 6500.6

APPENDIX 8

VA ACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE

NOTE: This clause will undergo official rule making by the Office of Acquisitions and Logistics.

The below language will be submitted for public review through the Federal Register. The final wording of the clause may be changed from what is outlined below based on public review and comment. Once approved, the final language in the clause can be obtained from the Office of Acquisitions and Logistics Programs and Policy.

1. SUBPART 839.2 - INFORMATION AND INFORMATION TECHNOLOGY SECURITY

REQUIREMENTS

839.201 Contract clause for Information and Information Technology Security:

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

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

2. 852.273-75 - SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (INTERIM- OCTOBER 2008)

As prescribed in 839.201, insert the following clause:

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

(END OF CLAUSE)