Attachment 1 - Statement of Work.docx

PowerScribe Service Statement of Work I. Background:

The Veterans Integrated Service Network (VISN) 19 requires comprehensive sustainment of the PowerScribe 360 system, a software license and renewal options for PowerScribe One, data migration to PowerScribe One, project management of the transition to PowerScribe One, training on PowerScribe One, and comprehensive sustainment for PowerScribe One for up to 3 years.

The Contractor shall:

1. Maintain the current PowerScribe 360 Radiology Dictation and Reporting System

2. Complete a mid-cycle upgrade to PowerScribe One Radiology Dictation system and transition the host site from Salt Lake City to the VA Enterprise Cloud (VAEC) host site

3. Upon completion of the mid-cycle upgrade, continue with a 12-month annual subscription for PowerScribe One throughout the remaining period of performance.

This coverage and mid-cycle upgrade will cover one existing PowerScribe 360 system at the host site, Salt Lake City (SLC) VA Healthcare System, and all remaining VISN 19 healthcare systems--VA Oklahoma City Healthcare system (OKL), Sheridan (SHE) VA Healthcare system Eastern Colorado Healthcare system (ECH), Grand Junction Healthcare System (GRJ), Fort Harrison VA Healthcare system (FHM), Cheyenne Healthcare System (CHY), Eastern Oklahoma VA Health System (MUS and TUL). It will include any associated clinics and outlying instances where clinical dictation and reporting is required and allow for additional clinics or facilities to be added during the contract coverage. The upgrade will transition the host site from SLC to the VAEC. It will also ensure that all instances of PowerScribe at all facilities referenced will transition to the VAEC.

Table 1 – Current Host site and associated VA healthcare centers

554 - VA Eastern Colorado Health Care System (ECH)

Rocky Mountain Regional VA Medical Center

Colorado Springs 1700 N Wheeling St, Aurora CO 80045

3141 Centennial Blvd, Colorado Springs, CO 80907

Northern Colorado VA 2360 East Pershing Boulevard, Cheyenne, WY 82001

Benjamin Charles Steele VA Medical Center 3687 Veterans Dr, Fort Harrison, MT 59636

1766 Majestic Ln, Billings, MT 59102

II. Requirements

1. Overall Requirements. Applicable throughout the entire performance period:

1.1. The Contractor shall be a manufacturer authorized support provider for Nuance’s PowerScribe 360 and Nuance’s Modlink systems.

1.2. The system shall track a volume up to 510,000 +5% reports annually with capacity for growth.

1.3. The system shall perform speech recognition to create reports, leverage customized radiology templates, import data directly from modalities, support remote viewing, and perform quality reporting to significantly improve productivity, reduce potential for error and simplify regulatory reporting.

1.4. The Contractor shall furnish any labor to provide scheduled and unscheduled maintenance and support when approved by the facility Point of Contact (POC). Services shall be performed in accordance with terms, conditions, and specifications contained herein.

1.5. The Contractor shall have a current VA Site-to Site Virtual private network (VPN) access and/or personal identity verification (PIV) and shall maintain it throughout the contracted performance period.

1.6. The system shall support multi-site infrastructure across multiple states, Active Directory domains, and time zones.

1.7. The system shall support Virtual Machine (VMware) virtual environment. VA will host all servers.

1.8. The system will allow end users to launch the client application via Radiology or Cardiology PACS reading workstation.

1.9. The system shall be operating on, at a minimum, Windows Server Operating system (OS) 2022, and Windows SQL Server 2022. Oracle or equivalent database structure is also acceptable.

1.10. The VA will provide Windows Defender license unless the system can’t use it, then the Contractor shall provide the anti-virus license.

1.11. The system shall allow the VA to install host-based security components such as firewall, host-intrusion prevention system (HIPS), anti-malware, and/or any other security suite software required to operate on the VA production network.

1.12. The Contractorshall provide remote support to maintain, diagnose and resolve any issues concerning the PowerScribe system via telephone, email, and/or web page/portal.

1.13. The Contractorshall provide any service pack updates or upgrades released in the ordinary course of its business during the term of this contract.

1.14. The Contractor shall provide documentation and minor enhancements as they become available during the Period of Performance at no cost to the government, or if there is an additional cost, shall inform the COR of this option.

1.15. The Contractor shall work with facility POC, VISN Contracting Officer Representatives (COR), and respective Office of Information and Technology (OI&T), and clinical stakeholders to address issues. There shall be no hourly charge to the Government for unscheduled maintenance performed.

1.15.1.1. The Contractor shall respond to trouble calls in the priority order submitted via a secure support portal or via telephone.

1.15.1.2. Tickets will be assessed and rated as Class 1, Class 2, Class 3, or Class 4.

1.15.1.2.1. Class 1: A catastrophic incident of an operating environment where production systems are severely impacted, down, or not functioning. Defects that are severely affecting operation, maintenance and administration, and require immediate corrective action. This includes continuous or near continuous interruption of the Hosted Services; key functional component of the Hosted service is unavailable, or a system failure resulting in a primary function of the Hosted services being unavailable to at least 25% of the authorized users or an issue that may affect patient safety.

1.15.1.2.2. Class 2: A problem where a system is functioning but in a severely reduced capacity. Causing significant impact to portions of the business operations and productivity. Defects that cause conditions that seriously affect Host Services operation, maintenance, and administration. Includes a system failure resulting in a primary function of the hosted services being unavailable to at least 15% of the Authorized users.

1.15.1.2.3. Class 3: Involves partial non-critical functionality loss. Impairs some operations but allows the user or an application to continue to function. Impacts the user experience of at least 10% of the Authorized user interactions, but some workaround is available for the user to access the PowerScribe functionality.

1.15.1.2.4. Class 4: No impact on the quality, performance or functionality of the system. Minimal organizational or business impact. May affect only individual users.

1.15.1.3. The response times for each priority are below:

1.15.1.4. The Contractor shall run diagnostic testing for the problem reported by the Government.

1.15.1.5. The Contractor shall install service packs, components, and patches to address the problem identified.

1.15.1.6. The Contractor shall, when a solution is not readily solvable through their Support Team, contract select third party Contractors and facilitate immediate resolution or managing resolution plans.

1.15.1.7. The Contractor shall furnish a malfunction incident report to the Government upon completion of each service call. The report shall include, at a minimum, date and time notified, date and time of arrival, serial number, type and model of system, time spent on repair, description of malfunction and repair, and proof of repair that includes documentation of a sample run of quality control verifying acceptable performance.

1.16. The Contractor is required to provide the software maintenance/updates/upgrades. Software maintenance includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its customers, to allow the software to perform according to its specifications, documentation or claims demonstrated.

1.16.1.1. Scheduled maintenance shall be scheduled with facility and VISN POCs in advance to avoid clinical interruption.

1.16.1.2. If the schedule maintenance impacts clinical use of the application, Contractor shall schedule the application outside of 8:30-5pm local time with no additional charge to VISN19.

1.16.1.3. Scheduled maintenance may be accomplished through site-to-site VA VPN as applicable.

1.17. Vulnerability Management/Mitigation: The Contractor shall provide the latest manufacturer approved version of anti-virus software product and ensure proper operation of the core application and essential utility software when used in conjunction with such manufacturer approved anti-virus software. The Contractor shall, as part of the installation process, configure server-based products to perform automated virus definition updates over the Internet if requested by the Government.

1.18. Additional Data Field Mappings on Health Level Seven (HL7) Integrations: If the Government has standard HL7 integrations to an Hospital Information System (HIS), the Contractor shall provide up to five (5) free additional HL7 data field mappings within their integration. The Contractor shall not be required to provide for an entire new integration when HL7 standards migrate to new levels (e.g. HL7 version 3), to replaces the host environment, or cover any custom requests.

2. In addition to the overall requirements, during the period of performance, the Contractor shall include options for PowerScribe 360 maintenance:

2.1. 6 months of maintenance and software license of the radiology reporting system to include the PowerScribe360 Voice Dictation System already in place within VISN 19 for their Radiology Departments. The line item shall be executable multiple times over multiple years in the event the PowerScribe One transition is delayed.

2.2. The required support to ensure the operational integrity of the equipment.

2.3. All necessary maintenance, labor, repair, and supply necessary documentation (i.e. repair manuals, technical orders, and drawings).

2.4. Service/support from 8:30am to 5pm local time, Monday through Friday, and shall provide 24-hour remote support for emergency events. The maintenance prices shall include cost of labor, and other expenses as necessary, such as, but not limited to, Win OS, SQL licenses, anti-virus licenses, and other software licenses to maintain the system in good operating condition.

3. In addition to the overall requirements, during the period of performance, the Contractor shall include line items for the PowerScribe One upgrade:

3.1. Include an upgrade to PowerScribe One. This upgrade shall include all licenses, fees, system configuration, testing, training, project management hours, and on-going support services to fully transition the PowerScribe 360 version to PowerScribe One. It shall include both the Nuance PowerScribe One Version 2019 (non-cloud based) and Nuance Modlink Integration. It shall include integration with DICOM Modality Worklist solution (DMWL) such that the Voice Recognition Device System (VRDS) can synchronize with and drive PACS and vice versa. It shall include business analytics for analysis to the VISN across all sites. It shall include any engineering hours required to accomplish the integrations, configurations for Lightweight director access protocol (LDAP) with PIV smart card login, Uniform resource locator (URL) redirections, and specialty viewers. It shall include go-live support and 12 months of the subscription for PowerScribe One active immediately upon go-live.

3.2. The upgrade will transition the host site responsibility from SLC to the VAEC and will transition all sites referenced here-in to the VAEC.

3.3. The migration will include the ability to connect all stations to the VAEC-based PowerScribe One Core system.

3.4. The upgrade shall include unlimited dictation licenses and voice profiles.

3.5. Remain in communication with the VA accordingly during this upgrade and transition.

3.6. Perform testing following installation of the PowerScribe One license to ensure all requirements are met.

3.7. Discuss and confirm suggested workflow for each facility

3.8. Resolve any identified issues during the testing and transition to PowerScribe One.

3.9. Test the integration requirement prior to go-live of PowerScribe One.

3.10. Upon a successful transition to PowerScribe One, the Contractor shall maintain and operate PowerScribe 360 for 30 days following the PowerScribe One go live. Then this support program will sunset.

3.11. In addition, upon a successful transition to PowerScribe One, a 12 month subscription service for both PowerScribe One and Mod Link shall be included which will be active once the Go-Live is completed.

3.12. Provide training for PowerScribe One and Modlink to each of the facilities PACS administrators and medical imaging staff. It shall include distance learning, Computer-Based Training, and/or web meetings if available.

3.12.1. As a minimum, training should include application training, setting up accounts, maintaining accounts, and system administrative configuration procedures for both PowerScribe One and Modlink.

4. In addition to the overall requirements, the Contractor shall provide support for PowerScribe One support following go-live:

4.1. Provide an annual subscription renewal of the PowerScribe One and Mod Link Licenses.

4.2. Provide the required support to ensure the operational integrity of the equipment.

4.3. Provide all necessary maintenance, labor, repair, and supply necessary documentation (i.e. repair manuals, technical orders, and drawings).

4.4. Provide service/support 24/7.

4.5. Include cost of labor, and other expenses as necessary, such as, but not limited to, Win OS, SQL licenses, anti-virus licenses, and other software licenses to maintain the system in good operating condition into the subscription pricing.

IV. OTHER TERMS AND CONDITIONS

1. GENERAL. This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

2. VA INFORMATION CUSTODIAL LANGUAGE. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General. The primary clause used to define computer software license (not data/intellectual property first produced under this contractor or order) is FAR 52.227-19, Commercial Computer Software License.

b. Information made available to the contractor by VA for the performance or administration of this contract will be used only for the purposes specified in the service agreement, SOW, PWS, PD, and/or contract. The contractor shall not use VA information in any other manner without prior written approval from a VA Contracting Officer (CO). The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

c. VA information will not be co-mingled with any other data on the contractor’s information systems or media storage systems. The contractor shall ensure compliance with Federal and VA requirements related to data protection, data encryption, physical data segregation, logical data segregation, classification requirements and media sanitization.

d. VA reserves the right to conduct scheduled or unscheduled audits, assessments, or investigations of contractor Information Technology (IT) resources to ensure information security is compliant with Federal and VA requirements. The contractor shall provide all necessary access to records (including electronic and documentary materials related to the contracts and subcontracts) and support (including access to contractor and subcontractor staff associated with the contract) to VA, VA's Office Inspector General (OIG), and/or Government accountability Office (GAO) staff during periodic control assessments, audits, or investigations.

e. The contractor may only use VA information within the terms of the contract and applicable Federal law, regulations, and VA policies. If new Federal information security laws, regulations or VA policies become applicable after execution of the contract, the parties agree to negotiate contract modification and adjustment necessary to implement the new laws, regulations, and/or policies.

f. The contractor shall not make copies of VA information except as specifically authorized and necessary to perform the terms of the contract. If copies are made for restoration purposes, after the restoration is complete, the copies shall be destroyed in accordance with VA Directive 6500, VA Cybersecurity Program and VA Information Security Knowledge Service.

g. If a Veterans Health Administration (VHA) contract is terminated for default or cause with a business associate, the related local Business Associate Agreement (BAA) shall also be terminated and actions taken in accordance with VHA Directive 1605.05, Business Associate Agreements. If there is an executed national BAA associated with the contract, VA will determine what actions are appropriate and notify the contactor.

h. The contractor shall store and transmit VA sensitive information in an encrypted form, using VA-approved encryption tools which are, at a minimum, Federal Information Processing Standards (FIPS) 140-2, Security Requirements for Cryptographic Modules (or its successor) validated and in conformance with VA Information Security Knowledge Service requirements. The contractor shall transmit VA sensitive information using VA approved Transport Layer Security (TLS) configured with FIPS based cipher suites in conformance with National Institute of Standards and Technology (NIST) 800-52, Guidelines for the Selection, Configuration and Use of Transport Layer Security (TLS) Implementations.

i. The contractor’s firewall and web services security controls, as applicable, shall meet or exceed VA’s minimum requirements.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor may use and disclose VA information only in two situations: (i) in response to a qualifying order of a court for competent jurisdiction after notification to VA CO (ii) with written approval from the VA CO. The contractor shall refer all requests for, demands for production of or inquiries about, VA information and information systems to the VA CO for response.

k. Notwithstanding the provision above, the contractor 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 medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the contractor is in receipt of a court order or other requests for the abovementioned information, the contractor shall immediately refer such court order or other requests to the VA CO for response.

l. Information made available to the contractor by VA for the performance or administration of this contract or information developed by the contractor in performance or administration of the contract will be protected and secured in accordance with VA Directive 6500 and Identity and Access Management (IAM) Security processes specified in the VA Information Security Knowledge Service.

m. Any data destruction done on behalf of VA by a contractor shall be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management, VA Handbook 6300.1, Records Management Procedures, and applicable VA Records Control Schedules.

n. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Directive 6500 and NIST 800-88, Guidelines for Media Sanitization prior to termination or completion of this contract. If directed by the COR/CO, the contractor shall return all Federal Records to VA for disposition.

o. Any media, such as paper, magnetic tape, magnetic disks, solid state devices or optical discs that is used to store, process, or access VA information that cannot be destroyed shall be returned to VA. The contractor shall hold the appropriate material until otherwise directed by the Contracting Officer’s Representative (COR) or CO. Items shall be returned securely via VA-approved methods. VA sensitive information must be transmitted utilizing VA-approved encryption tools which are validated under FIPS 140-2 (or its successor) and NIST 800-52. If mailed, the contractor shall send via a trackable method (USPS, UPS, FedEx, etc.) and immediately provide the COR/CO with the tracking information. Self-certification by the contractor that the data destruction requirements above have been met shall be sent to the COR/CO within 30 business days of termination of the contract.

p. All electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) used to store, process or access VA information will not be returned to the contractor at the end of lease, loan, or trade-in. Exceptions to this paragraph will only be granted with the written approval of the VA CO.

3. 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 and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of contractor/subcontractor and agent of contractor/subcontractor.

b. Contractors and subcontractors shall sign the VA Information Security Rule of Behavior (ROB) before access is provided to VA information and information systems (see Section 4, Training, below). The ROB contains the minimum user compliance requirements and does not supersede any policies of VA facilities or other agency components which provide higher levels of protection to VA’s information or information systems. Users who require privileged access shall complete the VA elevated privilege access request processes before privileged access is granted.

c. All contractors and subcontractors working with VA information are subject to the same security investigative and clearance 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 shall be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office of Human Resources and Administration/Operations, Security and Preparedness (HRA/OSP) is responsible for these policies and procedures. Contract personnel who require access to classified information or information systems shall have an appropriate security clearance. Verification of a Security Clearance shall be processed through the Special Security Officer located in HRA/OSP. Contractors shall conform to all requirements stated in the National Industrial Security Program Operating Manual (NISPOM).

d. All contractors and subcontractors shall comply with conditions specified in VAAR 852.204-71(d); Contractor operations required to be in United States. All contractors and subcontractors working with VA information must be permanently located within a jurisdiction subject to the law of the United States or its Territories to the maximum extent feasible. If services are proposed to be performed abroad the contractor must state where all non-U.S. services are provided. The contractor shall deliver to VA a detailed plan specifically addressing communications, personnel control, data protection and potential legal issues. The plan shall be approved by the COR/CO in writing prior to access being granted.

e. The contractor shall notify the COR/CO in writing immediately (no later than 24 hours) after personnel separation or occurrence of other causes. Causes may include the following:

(1) Contractor/subcontractor personnel no longer has a need for access to VA information or VA information systems.

(2) Contractor/subcontractor personnel are terminated, suspended, or otherwise has their work on a VA project discontinued for any reason.

(3) Contractor believes their own personnel or subcontractor personnel may pose a threat to their company’s working environment or to any company owned property. This includes contractor-owned assets, buildings, confidential data, customers, employees, networks, systems, trade secrets and/or VA data.

(4) Any previously undisclosed changes to contractor/subcontractor background history are brought to light, including but not limited to changes to background investigation or employee record.

(5) Contractor/subcontractor personnel have their authorization to work in the United States revoked.

(6) Agreement by which contractor provides products and services to VA has either been fulfilled or terminated, such that VA can cut off electronic and/or physical access for contractor personnel.

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate VA COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA accesses will return VA issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

4. TRAINING.

a. All contractors and subcontractors requiring access to VA information and VA information systems shall successfully complete the following before being granted access to VA information and its systems:

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent Management System (TMS) #10176) initially and annually thereafter.

(2) Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Organizational Rules of Behavior, relating to access to VA information and information systems initially and annually thereafter; and

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role based information security training].

b. The contractor shall provide to the COR/CO a copy of the training certificates and certification of signing the Organizational Rules of Behavior for each applicable employee within five days of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training 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 required training is complete.

5. SECURITY INCIDENT INVESTIGATION.

a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved and the circumstances surrounding the incident, including the following:

(1) The date and time (or approximation of) the Security Incident occurred.

(2) The names of individuals involved (when applicable).

(3) The physical and logical (if applicable) location of the incident.

(4) Why the Security Incident took place (i.e., catalyst for the failure).

(5) The amount of data belonging to VA believed to have been compromised.

(6) The remediation measures the contractor is taking to ensure no future incidents of a similar nature.

c. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA. Failure to cooperate may be deemed a material breach and grounds for contract termination.

d. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for VA Information Systems VA Information Security Program, and VA Information Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.

e. 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 the VA Office of 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.

f. The contractor shall comply with VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.

g. With respect to unsecured Protected Health Information (PHI), the contractor is deemed to have discovered a data breach when the contractor knew or should have known of breach of such information. When a business associate is part of VHA contract, notification to the covered entity (VHA) shall be made in accordance with the executed BAA.

h. If the contractor or any of its agents fails to protect VA sensitive personal information or otherwise engages in conduct which results in a data breach involving any VA sensitive personal information the contractor/subcontractor processes or maintains under the contract; the contractor shall pay liquidated damages to the VA as set forth in clause 852.211-76, Liquidated Damages— Reimbursement for Data Breach Costs.

7. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE.

This entire section applies to information systems, systems, major applications, minor applications, enclaves, and platform information technologies (cloud and noncloud) hosted, operated, maintained, or used on behalf of VA at non-VA facilities.

a. The contractor shall comply with all Federal laws, regulations, and VA policies for Information systems (cloud and non-cloud) that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities. Security controls for collecting, processing, transmitting, and storing of VA sensitive information, must be in place. The controls will be tested by VA or a VA sanctioned 3PAO and approved by VA prior to hosting, operation, maintenance or use of the information system or systems by or on behalf of VA. This includes conducting compliance risk assessments, security architecture analysis, routine vulnerability scanning, system patching, change management procedures and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures shall be the same as procedures used to secure VA-operated information systems.

b. Outsourcing (contractor facility, equipment, or staff) of systems or network operations, telecommunications services or other managed services require Assessment and Authorization (A&A) of the contractor’s systems in accordance with VA Handbook 6500 as specified in VA Information Security Knowledge Service. Major changes to the A&A package may require reviewing and updating all the documentation associated with the change. The contractor’s cloud computing systems shall comply with FedRAMP and VA Directive 6517 requirements.

c. The contractor shall return all electronic storage media (hard drives, optical disks, CDs, back-up tapes, etc.) on non-VA leased or non-VA owned IT equipment used to store, process or access VA information to VA in accordance with A&A package requirements. This applies when the contract is terminated or completed and prior to disposal of media. The contractor shall provide its plan for destruction of all VA data in its possession according to VA Information Security Knowledge Service requirements and NIST 800-88. The contractor shall send a self-certification that the data destruction requirements above have been met to the COR/CO within 30 business days of termination of the contract.

d. All external internet connections to VA network involving VA information must be in accordance with VA Trusted Internet Connection (TIC) Reference Architecture and VA Directive and Handbook 6513, Secure External Connections and reviewed and approved by VA prior to implementation. Government-owned contractor-operated systems, third party or business partner networks require a Memorandum of Understanding (MOU) and Interconnection Security Agreements (ISA).

e. Contractor procedures shall be subject to periodic, announced, or unannounced assessments by VA officials, the OIG or a 3PAO. The physical security aspects associated with contractor activities are also subject to such assessments. The contractor shall report, in writing, any deficiencies noted during the above assessment to the VA COR/CO. The contractor shall use VA’s defined processes to document planned remedial actions that address identified deficiencies in information security policies, procedures, and practices. The contractor shall correct security deficiencies within the timeframes specified in the VA Information Security Knowledge Service.

f. All major information system changes which occur in the production environment shall be reviewed by the VA to determine the impact on privacy and security of the system. Based on the review results, updates to the Authority to Operate (ATO) documentation and parameters may be required to remain in compliance with VA Handbook 6500 and VA Information Security Knowledge Service requirements.

g. The contractor shall conduct an annual privacy and security self-assessment on all information systems and outsourced services as required. Copies of the assessment shall be provided to the COR/CO. The VA/Government reserves the right to conduct assessment using government personnel or a third-party if deemed necessary. The contractor shall correct or mitigate any weaknesses discovered during the assessment.

h. VA prohibits the installation and use of personally owned or contractor-owned equipment or software on VA information systems. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW, PWS, PD or contract. All security controls required for government furnished equipment must be utilized in VA approved Other Equipment (OE). Configuration changes to the contractor OE, must be funded by the owner of the equipment. All remote systems must use a VA-approved antivirus software and a personal (host-based or enclave based) firewall with a VA-approved configuration. The contractor shall ensure software on OE is kept current with all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-virus software and the firewall on the non-VA owned OE. Approved contractor OE will be subject to technical inspection at any time.

i. The contractor shall notify the COR/CO within one hour of disclosure or successful exploits of any vulnerability which can compromise the confidentiality, integrity, or availability of the information systems. The system or effected component(s) need(s) to be isolated from the network. A forensic analysis needs to be conducted jointly with VA. Such issues will be remediated as quickly as practicable, but in no event longer than the timeframe specified by VA Information Security Knowledge Service. If sensitive personal information is compromised reference VA Handbook 6500.2 and Section 5, Security Incident Investigation.

j. For cases wherein the contractor discovers material defects or vulnerabilities impacting products and services they provide to VA, the contractor shall develop and implement policies and procedures for disclosure to VA, as well as remediation. The contractor shall, within 30 business days of discovery, document a summary of these vulnerabilities or defects. The documentation will include a description of the potential impact of each vulnerability and material defect, compensating security controls, mitigations, recommended corrective actions, root cause analysis and/or workarounds (i.e., monitoring). Should there exist any backdoors in the products or services they provide to VA (referring to methods for bypassing computer authentication), the contractor shall provide the VA CO/CO written assurance they have permanently remediated these backdoors.

k. All other vulnerabilities, including those discovered through routine scans or other assessments, will be remediated based on risk, in accordance with the remediation timelines specified by the VA Information Security Knowledge Service and/or the applicable timeframe mandated by Cybersecurity & Infrastructure Security Agency (CISA) Binding Operational Directive (BOD) 22- 01 and BOD 19-02 for Internet-accessible systems. Exceptions to this paragraph will only be granted with the approval of the COR/CO.

8. SECURITY AND PRIVACY CONTROLS COMPLIANCE TESTING, ASSESSMENT

AND AUDITING.

a. Should VA request it, the contractor shall provide a copy of their (corporation’s, sole proprietorship’s, partnership’s, limited liability company (LLC), or other business structure entity’s) policies, procedures, evidence and independent report summaries related to specified cybersecurity frameworks (International Organization for Standardization (ISO), NIST Cybersecurity Framework (CSF), etc.). VA or its third-party/partner designee (if applicable) are further entitled to perform their own audits and security/penetration tests of the contractor’s IT or systems and controls, to ascertain whether the contractor is complying with the information security, network or system requirements mandated in the agreement between VA and the contractor.

b. Any audits or tests of the contractor or third-party designees/partner VA elects to carry out will commence within 30 business days of VA notification. Such audits, tests and assessments may include the following: (a): security/penetration tests which both sides agree will not unduly impact contractor operations; (b): interviews with pertinent stakeholders and practitioners; (c): document review; and (d): technical inspections of networks and systems the contractor uses to destroy, maintain, receive, retain, or use VA information.

c. As part of these audits, tests and assessments, the contractor shall provide all information requested by VA. This information includes, but is not limited to, the following: equipment lists, network or infrastructure diagrams, relevant policy documents, system logs or details on information systems accessing, transporting, or processing VA data.

d. The contractor and at its own expense, shall comply with any recommendations resulting from VA audits, inspections and tests. VA further retains the right to view any related security reports the contractor has generated as part of its own security assessment. The contractor shall also notify VA of the existence of any such security reports or other related assessments, upon completion and validation.

e. VA appointed auditors or other government agency partners may be granted access to such documentation on a need-to-know basis and coordinated through the COR/CO. The contractor shall comply with recommendations which result from these regulatory assessments on the part of VA regulators and associated government agency partners.

9. PRODUCT INTEGRITY, AUTHENTICITY, PROVENANCE, ANTI-COUNTERFEIT

AND ANTI-TAMPERING.

a. The contractor shall comply with Code of Federal Regulations (CFR) Title 15 Part 7, “Securing the Information and Communications Technology and Services (ICTS) Supply Chain”, which prohibits ICTS Transactions from foreign adversaries. ICTS Transactions are defined as any acquisition, importation, transfer, installation, dealing in or use of any information and communications technology or service, including ongoing activities, such as managed services, data transmission, software updates, repairs or the platforming or data hosting of applications for consumer download.

b. When contracting terms require the contractor to procure equipment, the contractor shall purchase or acquire the equipment from an Original Equipment Manufacturer (OEM) or an authorized reseller of the OEM. The contractor shall attest that equipment procured from an OEM or authorized reseller or distributor are authentic. If procurement is unavailable from an OEM or authorized reseller, the contractor shall submit in writing, details of the circumstances prohibiting this from happening and procure a product waiver from the VA COR/CO.

c. All contractors shall establish, implement, and provide documentation for risk management practices for supply chain delivery of hardware, software (to include patches) and firmware provided under this agreement. Documentation will include chain of custody practices, inventory management program, information protection practices, integrity management program for sub-supplier provided components, and replacement parts requests. The contractor shall make spare parts available. All contractor(s) shall specify how digital delivery for procured products, including patches, will be validated and monitored to ensure consistent delivery. The contractor shall apply encryption technology to protect procured products throughout the delivery process.

d. If a contractor provides software or patches to VA, the contractor shall publish or provide a hash conforming to the FIPS Security Requirements for Cryptographic Modules (FIPS 140-2 or successor).

e. The contractor shall provide a software bill of materials (SBOM) for procured (to include licensed products) and consist of a list of components and associated metadata which make up the product. SBOMs must be generated in one of the data formats defined in the National Telecommunications and Information Administration (NTIA) report “The Minimum Elements for a Software Bill of Materials (SBOM).”

f. Contractors shall use or arrange for the use of trusted channels to ship procured products, such as U.S. registered mail and/or tamper-evident packaging for physical deliveries.

g. Throughout the delivery process, the contractor shall demonstrate a capability for detecting unauthorized access (tampering).

h. The contractor shall demonstrate chain-of-custody documentation for procured products and require tamper-evident packaging for the delivery of this hardware.

10. VIRUSES, FIRMWARE AND MALWARE.

a. The contractor shall execute due diligence to ensure all provided software and patches, including third-party patches, are free of viruses and/or malware before releasing them to or installing them on VA information systems.

b. The contractor warrants it has no knowledge of and did not insert, any malicious virus and/or malware code into any software or patches provided to VA which could potentially harm or disrupt VA information systems. The contractor shall use due diligence, if supplying third-party software or patches, to ensure the third-party has not inserted any malicious code and/or virus which could damage or disrupt VA information systems.

c. The contractor shall provide or arrange for the provision of technical justification as to why any “false positive” hit has taken place to ensure their code’s supply chain has not been compromised. Justification may be required, but is not limited to, when install files, scripts, firmware, or other contractor-delivered software solutions (including third-party install files, scripts, firmware, or other software) are flagged as malicious, infected, or suspicious by an anti-virus Contractor.

d. The contractor shall not upload (intentionally or negligently) any virus, worm, malware or any harmful or malicious content, component and/or corrupted data/source code (hereinafter “virus or other malware”) onto VA computer and information systems and/or networks. If introduced (and this clause is violated), upon written request from the VA CO, the contractor shall:

(1) Take all necessary action to correct the incident, to include any and all assistance to VA to eliminate the virus or other malware throughout VA’s information networks, computer systems and information systems; and

(2) Use commercially reasonable efforts to restore operational efficiency and remediate damages due to data loss or data integrity damage, if the virus or other malware causes a loss of operational efficiency, data loss, or damage to data integrity.

12. PATCHING GOVERNANCE.

a. The contractor shall provide documentation detailing the patch management, vulnerability management, mitigation and update processes (to include third party) prior to the connection of electronic devices, assets or equipment to VA’s assets. This documentation will include information regarding the follow:

(1) The resources and technical capabilities to sustain the program or process (e.g., how the integrity of a patch is validated by VA); and

(2) The approach and capability to remediate newly reported zero-day vulnerabilities for contractor products.

b. The contractor shall verify and provide documentation all procured products (including third-party applications, hardware, software, operating systems, and firmware) have appropriate updates and patches installed prior to delivery to VA.

c. The contractor shall provide or arrange the provision of appropriate software and firmware updates to remediate newly discovered vulnerabilities or weaknesses for their products and services within 30 days of discovery. Updates to remediate critical or emergent vulnerabilities will be provided within seven business days of discovery. If updates cannot be made available by contractor within these time periods, the contractor shall submit mitigations, methods of exploit detection and/or workarounds to the COR/CO prior to the above deadlines.

d. The contractor shall provide or arrange for the provision of appropriate hardware, software and/or firmware updates, when those products, including open-source software, are provided to the VA, to remediate newly discovered vulnerabilities or weaknesses. Remediations of products or services provided to the VA’s system environment must be provided within 30 business days of availability from the original supplier and/or patching source. Updates to remediate critical vulnerabilities applicable to the Contractor’s use of the third party product in its system environment will be provided within seven business days of availability from the original supplier and/or patching source.