DRAFT - PD Pega PaaS_SaaS.docx

Pega PaaS/SaaS

PRODUCT DESCRIPTION

DEPARTMENT OF VETERANS AFFAIRS

Digital Transformation Center (DTC)

Pega Platform as a Service (PaaS) Software as a Service (SaaS)

May 19, 2025 Product Description Version Number: 1.3

PRODUCT DESCRIPTION

REQUIREMENTS

The Department of Veterans Affairs (VA) Digital Transformation Center (DTC) makes it faster and easier for VA customers to leverage Software as a Service (SaaS) and Platform as a Service (PaaS) solutions.

The VA DTC transforms the way VA does business by migrating software applications from on-premise data centers to a Federal Risk And Management Program (FedRAMP) certified cloud service provider. The DTC intends to acquire additional cloud service subscription using the FedRAMP certified brand name Pega Cloud for Government Platform and Software as a Service: The Federal Risk And Management Dashboard (fedramp.gov).

The brand name Pega Platform, noted under this immediate requirement, is one of several cloud PaaS/SaaS platforms managed by the DTC.

VA DTC has a requirement for renewal of brand name PegaSystems Inc. (Pega) PaaS/ SaaS subscriptions (hereinafter called Pega PaaS/SaaS) to continue supporting the DTC cloud modernization initiative, as well as ability to procure additional quantities and types of Pega PaaS/SaaS products to support its customer base and expected growth.

This Pega service is currently being utilized across multiple VA programs for various modernization and efficiency improvement efforts. These include but are not limited to healthcare management, claims and appeals modernization, contractor change management, business transaction automation, and financial management solutions. These applications collectively enhance the VA's capacity to deliver services more effectively and handle the growing needs of its operations. This overarching use of Pega PaaS/SaaS demonstrates the critical role it plays in the VA's ongoing modernization efforts, making the renewal and potential expansion of these services essential to meet the VA's operational goals and maintain improved service delivery to Veterans.

The DTC plans to award this procurement to continue access to the existing and in-process applications. A System Integrator is not required with this action.

The Pega PaaS/SaaS cloud service deployed provides Development, Test, Pre-Production, and Production environments to enable end-to-end software delivery from planning all the way to production release, support, and operation. Pega PaaS/SaaS solutions support rapid low code/no code configuration, enabling the DTC and other VA organizations to expeditiously respond to emerging customer business needs.

The VA will acquire Pega PaaS/SaaS brand name software configured by the vendor to work in their Pega for Government FedRAMP commercial cloud environment.

Pega PaaS/SaaS shall be fully vendor-managed and provide enterprise-level development tools, environments, and operational support. The Pega PaaS/SaaS platform shall adhere to a 99.95% uptime/availability service level agreement (SLA) and provide a transparent display of performance, security, and data safeguards through the hosting Contractor’s website. Subscribers will deploy PaaS/SaaS applications on secured production infrastructure designed to meet the government’s rigorous security and compliance requirements (i.e., FedRAMP).

ORDER TYPE

The effort shall be proposed on a firm fixed price basis.

Period of Performance The period of performance (PoP) shall be for a 12-month base period with 20 optional tasks and one 12-month option period with 20 optional tasks. The optional tasks, if exercised, will be used to increase quantities to add more user license packages and/or additional sandbox environments or storage capacity.

Place of Performance:

Efforts under this contract shall be performed remotely/electronically. There is no travel anticipated for this effort.

Pega PaaS/SaaS The Contractor shall provide the following brand name Pega PaaS/SaaS commercial product to continue services for existing applications and to support the planned user growth throughout VA:

Base Period

PART NUMBER

Category

DESCRIPTION

QTY

UNIT OF ISSUE

TERM

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 50 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 50 FTE License Metric.

EA

12MO

Standard Sandbox - capacity for up to 15 concurrent developers/testers; 50GB of storage. 12-month PCFG Subscription. Req base PCFG Platform.

EA

12MO

Option Period 1

DESCRIPTION

QTY

UNIT OF ISSUE

TERM

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 50 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 50 FTE License Metric.

12MO

Standard Sandbox - capacity for up to 15 concurrent developers/testers; 50GB of storage. 12-month PCFG Subscription. Req base PCFG Platform.

12MO

OPTIONAL TASKS:

Optional tasks listed in the table below may be exercised by the Government once or multiple times, but not to exceed the aggregate total maximum listed in the table, at any time throughout the PoP. The PoP of the Optional Task shall co-term with the PoP exercised in. If exercised, optional Subscription prices shall be prorated based on the number of months remaining in the period that it was exercised.

Optional Tasks – Base Period

DESCRIPTION

QTY

UNIT OF ISSUE

TERM

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 10 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 10 FTE License Metric. Requires minimum 50 FTE Platform PCFG Subscription.

NTE 12 MO

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 50 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 50 FTE License Metric.

NTE 12 MO

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 100 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 100 FTE License Metric.

NTE 12 MO

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 500 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 500 FTE License Metric.

NTE 12 MO

Access to Pega Software (SaaS) Customer Service Bundle for VA Business End Users - 10 FTE. Includes PGP Customer Service Bundle and Pega Customer Service for Healthcare. 12-month Cloud Subscription – For Pega SaaS Application built on PGP Customer Service, Business End-User 10 FTE License Metric. Requires minimum 50 FTE Customer Service PCFG Subscription.

NTE 12 MO

Access to Pega Software (SaaS) Customer Service Bundle for VA Business End Users - 50 FTE. Includes PGP Customer Service Bundle and Pega Customer Service for Healthcare. 12-month Cloud Subscription – For Pega SaaS Application built on PGP Customer Service, Business End-User 50 FTE License Metric.

NTE 12 MO

Standard Sandbox - capacity for up to 15 concurrent developers/testers; 50GB of storage. 12-month PCFG Subscription. Req base PCFG Platform.

EA

NTE 12 MO

Large Sandbox - capacity for up to 45 concurrent developers/testers; 100GB of storage. 12 Mo PCFG Subscription. Req base PCFG Platform.

EA

NTE 12 MO

Per 100GB blocks. Req base PCFG Platform.

EA

NTE 12 MO

Per 500GB blocks. Req base Cloud Platform - Req base PCFG Platform.

EA

NTE 12 MO

Pega Cloud Secure Connect Subscription Services – 1 Region. 12 Month Standard Subscription.

EA

NTE 12 MO

EA

NTE 12 MO

Access to Pega VoiceAI. Block of 50 FTE Users for VA. 12-month cloud subscription. Requires PGP Customer Service Bundle Subscription. Available for purchase only once FedRAMP Authorized.

Part# PEGA-PCFG-VAI

NTE 12 MO

Access to Pega GenAI Knowledge Buddy service. 1 Production Buddy – Includes 1M answers per Buddy. 12- month Cloud subscription. Available for purchase only once FedRAMP Authorized.

NTE 12 MO

Access to Pega GenAI Bundle. Includes Pega GenAI Analyze, Automate, and Coach. 50 FTE User Block. 12- month Cloud Subscription. Available for purchase only once FedRAMP Authorized.

Access to Pega Process AI. Block of 500,000 annual cases to be upgraded with Pega Process AI. 12- month Cloud subscription. Requires PGP Core Bundle or PGP Customer Service Subscription. Available for purchase only once FedRAMP Authorized.

Access to Pega Event Stream Triage. Block of 20M Events per month. 12-month Cloud Subscription. Requires PGP Core Bundle or PGP Customer Service Subscription. Available for purchase only once FedRAMP Authorized.

Access to Pega Chatbot. 200,000 Annual Chatbot Cases. 12-month Cloud Subscription. Available for purchase only once FedRAMP Authorized.

PEGA-SVC-LA-1

Pega Lead Architect Pega Consulting Services Support. Pega Lead Architect (PLA), Block of 40 Hours.

PEGA-SUB-PGA-1

Pega Program Architecture – Expert-as-a-Service 12 Month Standard Subscription in accordance with Appendix A

NTE 12 MO

Optional Tasks – Option Period 1

DESCRIPTION

QTY

UNIT OF ISSUE

TERM

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 10 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 10 FTE License Metric. Requires minimum 50 FTE Platform PCFG Subscription.

NTE 12 MO

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 50 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 50 FTE License Metric.

NTE 12 MO

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 100 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 100 FTE License Metric.

NTE 12 MO

Access to Pega Software (SaaS) Case Management Bundle for Business End Users - 500 FTE. Includes PGP Core Bundle and Pega Foundation for Healthcare. 12-month PCFG Subscription – For Pega SaaS Application built on PGP Core Bundle, PCFG, Business End-User 500 FTE License Metric.

NTE 12 MO

Access to Pega Software (SaaS) Customer Service Bundle for VA Business End Users - 10 FTE. Includes PGP Customer Service Bundle and Pega Customer Service for Healthcare. 12-month Cloud Subscription – For Pega SaaS Application built on PGP Customer Service, Business End-User 10 FTE License Metric. Requires minimum 50 FTE Customer Service PCFG Subscription.

NTE 12 MO

Access to Pega Software (SaaS) Customer Service Bundle for VA Business End Users - 50 FTE. Includes PGP Customer Service Bundle and Pega Customer Service for Healthcare. 12-month Cloud Subscription – For Pega SaaS Application built on PGP Customer Service, Business End-User 50 FTE License Metric.

NTE 12 MO

Standard Sandbox - capacity for up to 15 concurrent developers/testers; 50GB of storage. 12-month PCFG Subscription. Req base PCFG Platform.

EA

NTE 12 MO

Large Sandbox - capacity for up to 45 concurrent developers/testers; 100GB of storage. 12 Mo PCFG Subscription. Req base PCFG Platform.

EA

NTE 12 MO

Per 100GB blocks. Req base PCFG Platform.

EA

NTE 12 MO

Per 500GB blocks. Req base Cloud Platform - Req base PCFG Platform.

EA

NTE 12 MO

Pega Cloud Secure Connect Subscription Services – 1 Region. 12 Month Standard Subscription.

EA

NTE 12 MO

EA

NTE 12 MO

Access to Pega VoiceAI. Block of 50 FTE Users for VA. 12-month cloud subscription. Requires PGP Customer Service Bundle Subscription. Available for purchase only once FedRAMP Authorized.

Part# PEGA-PCFG-VAI

NTE 12 MO

Access to Pega GenAI Knowledge Buddy service. 1 Production Buddy – Includes 1M answers per Buddy. 12- month Cloud subscription. Available for purchase only once FedRAMP Authorized.

NTE 12 MO

Access to Pega GenAI Bundle. Includes Pega GenAI Analyze, Automate, and Coach. 50 FTE User Block. 12- month Cloud Subscription. Available for purchase only once FedRAMP Authorized.

Access to Pega Process AI. Block of 500,000 annual cases to be upgraded with Pega Process AI. 12- month Cloud subscription. Requires PGP Core Bundle or PGP Customer Service Subscription. Available for purchase only once FedRAMP Authorized.

Access to Pega Event Stream Triage. Block of 20M Events per month. 12-month Cloud Subscription. Requires PGP Core Bundle or PGP Customer Service Subscription. Available for purchase only once FedRAMP Authorized.

Access to Pega Chatbot. 200,000 Annual Chatbot Cases. 12-month Cloud Subscription. Available for purchase only once FedRAMP Authorized.

PEGA-SVC-LA-1

Pega Lead Architect Pega Consulting Services Support. Pega Lead Architect (PLA), Block of 40 Hours.

PEGA-SUB-PGA-1

Pega Program Architecture – Expert-as-a-Service 12 Month Standard Subscription in accordance with Appendix A

*NOTE: The Sustainable Product Certification, Designation, and/or Ecolabel (FAR 52.223-23) – Energy Star, FEMP, and/or EPEAT are not applicable for the CLINs listed in the tables above.

NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) PROCUREMENTS (SECTION 508)

On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request.

Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

INFORMATION TECHNOLOGY USING ENERGY-EFFICIENT PRODUCTS

The Sustainable Product Certification, Designation, and/or Ecolabel (FAR 52.223-23) – Energy Star, FEMP, and/or EPEAT are not applicable for the CLINs listed in the tables above in Section 1.0.

SCHEDULE FOR DELIVERABLES

All required software and maintenance shall be delivered no later than 15 calendar days after award.

Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination

GENERAL REQUIREMENTS

VA TECHNICAL REFERENCE MODEL

The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OIT Technical Reference Model (VA TRM). The VA TRM is one component within the overall Enterprise Architecture (EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the Standards Profile and Product List, serves as a technology roadmap and tool for supporting OIT. Architecture & Engineering Services (AES) has overall responsibility for the VA TRM.

ZERO TRUST – VA CRITICAL SECURITY CONTROLS

VA has established minimum mandatory security requirements and requires that any network connected software system or service must meet the VA Critical Security Controls as outlined in the VA Memorandum, “VA Security Controls”, https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010. VA Critical Security Controls identify the minimum mandatory requirements that must be implemented across all VA enterprise infrastructure, cloud computing environments, information systems, networks, and specialized devices (medical devices/systems, special-purpose systems, and research scientific computing devices) that process, store, and/or transmit VA data. Effective July 1, 2025, the Contractor shall implement these VA Critical Security Controls, within any network connected software system or service prior to being authorized for use in the VA. This functional requirement is not negotiable, and Plan of Action & Milestones (POAM) will not be accepted in the event these controls cannot be implemented for new systems. Critical Security Controls are intended to increase VA’s security posture and provide security and privacy risk visibility into the VA network and is not a new requirement. The Contractor’s failure to maintain these VA Critical Controls after implementation will result in VA discontinuing the use of the system.

SOCIAL SECURITY NUMBER (SSN) REDUCTION

The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.

INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support Internet Protocol Version 6 (IPv6) based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). IPv6 technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices shall support native IPv6 and dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g. web, email, DNS, ISP services, etc.) shall support native IPv6 and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall communicate using native IPv6 and dual stack (IPv6 / IPv4) operations.

SOFTWARE AND LICENSING REQUIREMENTS

The Contractor shall be responsible for the provision of all software licenses and any associated licensing maintenance required for any development, delivery, integration, operation, and/or maintenance associated with its proposed application(s), software products, software solution, and/or system including, but not limited to, any and all application(s), software and/or software products that comprise, are a part of, or integrate with the Contractor’s proposed application(s), software products, software solution, and/or system for the life of any resulting contract.

TRUSTED INTERNET CONNECTION (ITC)

The Contractor solution shall meet the requirements outlined in Office of Management and Budget Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative“ (https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf), VA Directive 6513 “Secure External Connections”, and shall comply with the TIC 3.0 Core Guidance Documents, including all Volumes and TIC Use Cases, found at the Cybersecurity & Infrastructure Security Agency (CISA) (https://www.cisa.gov/publication/tic-30-core-guidance-documents.)

POINTS OF CONTACT

VA Program Manager:

Name:

Address:

Voice:

Email:

Contracting Officer’s Representative:

Name:

Address:

Voice:

Email:

Contracting Officer:

Email: Michael.weckesser@va.gov

Contract Specialist:

Email: erin.gleason@va.gov

ADDENDUM B – VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

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.

VA INFORMATION CUSTODIAL 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 contractor.

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 of 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 above-mentioned 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.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

Not Applicable (N/A)

TRAINING

N/A

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.

INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems designed or developed on behalf of VA at non-VA facilities shall comply with all applicable Federal law, regulations, and VA policies. This includes standards for the protection of electronic Protected Health Information (PHI), outlined in 45 C.F.R. Part 164, Subpart C and information and system security categorization level designations in accordance with FIPS 199, Standards for Security Categorization of Federal Information and Information Systems and FIPS 200, Minimum Security Requirements for Federal Information Systems. Baseline security controls shall be implemented commensurate with the FIPS 199 system security categorization (reference VA Handbook 6500 and VA Trusted Internet Connections (TIC) Architecture).

b. Contracted new developments require creation, testing, evaluation, and authorization in compliance with VA Assessment and Authorization (A&A) processes in VA Handbook 6500 and VA Information Security Knowledge Service to obtain an Authority to Operate (ATO). VA Directive 6517, Risk Management Framework for Cloud Computing Services, provides the security and privacy requirements for cloud environments.

c. VA IT Contractors, Subcontractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500, VA Handbook 6517, Risk Management Framework for Cloud Computing Services and Information Security Knowledge Service specifications in delivered IT systems/solutions, products and/or services. If systems/solutions, products and/or services do not directly match VA security requirements, the Contractor shall work though the COR/CO to identify the VA organization responsible for governance or resolution. Contractors shall comply with FAR 39.1, specifically the prohibitions referenced.

d. The Contractor (including producers and resellers) shall comply with Office of Management and Budget (OMB) M-22-18 and M-23-16 when using third-party software on VA information systems or otherwise affecting the VA information. This includes new software purchases and software renewals for software developed or modified by major version change after the issuance date of M-22-18 (September 14, 2022). The term “software” includes firmware, operating systems, applications and application services (e.g., cloud-based software), as well as products containing software. The Contractor shall provide a self-attestation that secure software development practices are utilized as outlined by Executive Order (EO)14028 and NIST Guidance. A third-party assessment provided by either a certified Federal Risk and Authorization Management Program (FedRAMP) Third Party Assessor Organization (3PAO) or one approved by the agency will be acceptable in lieu of a software producer's self-attestation.

e. The Contractor shall ensure all delivered applications, systems and information systems are compliant with Homeland Security Presidential Directive (HSPD) 12 and VA Identity and Access management (IAM) enterprise identity management requirements as set forth in OMB M-19-17, M-05-24, FIPS 201-3, Personal Identity Verification (PIV) of Federal Employees and Contractors (or its successor), M-21-31 and supporting NIST guidance. This applies to Commercial Off-The-Shelf (COTS) product(s) that the Contractor did not develop, all software configurations and all customizations.

f. The Contractor shall ensure all Contractor delivered applications and systems provide user authentication services compliant with VA Handbook 6500, VA Information Security Knowledge Service, IAM enterprise requirements and NIST 800-63, Digital Identity Guidelines, for direct, assertion-based authentication and/or trust-based authentication, as determined by the design and integration patterns. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV and/or Common Access Card (CAC), as determined by the business need and compliance with VA Information Security Knowledge Service specifications.

g. The Contractor shall use VA authorized technical security baseline configurations and certify to the COR that applications are fully functional and operate correctly as intended on systems in compliance with VA baselines prior to acceptance or connection into an authorized VA computing environment. If the Defense Information Systems Agency (DISA) has created a Security Technical Implementation Guide (STIG) for the technology, the Contractor may configure to comply with that STIG. If VA determines a new or updated VA configuration baseline needs to be created, the Contractor shall provide required technical support to develop the configuration settings. FAR 39.1 requires the population of operating systems and applications includes all listed on the NIST National Checklist Program Checklist Repository,

h. The standard installation, operation, maintenance, updating and patching of software shall not alter the configuration settings from VA approved baseline configuration. Software developed for VA must be compatible with VA enterprise installer services and install to the default “program files” directory with silently install and uninstall. The Contractor shall perform testing of all updates and patching prior to implementation on VA systems.

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

j. The Contractor-delivered solutions shall reside on VA approved operating systems. Exceptions to this will only be granted with the written approval of the COR/CO.

k. The Contractor shall design, develop, and implement security and privacy controls in accordance with the provisions of VA security system development life cycle outlined in NIST 800-37, Risk Management Framework for Information Systems and Organizations: A System Life Cycle Approach for Security and Privacy, VA Directive and Handbook 6500, and VA Handbook 6517.

l. The Contractor shall comply with the Privacy Act of1974 (the Act), FAR 52.224-2 Privacy Act, and VA rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish a VA function.

m. The Contractor shall ensure the security of all procured or developed information systems, systems, major applications, minor applications, enclaves and platform information technologies, including their subcomponents (hereinafter referred to as “Information Systems”) throughout the life of this contract and any extension, warranty, or maintenance periods. This includes security configurations, workarounds, patches, hotfixes, upgrades, replacements and any physical components which may be necessary to remediate all security vulnerabilities published or known to the Contractor anywhere in the information systems (including systems, operating systems, products, hardware, software, applications and firmware). The Contractor shall ensure security fixes do not negatively impact the Information Systems.

n. When the Contractor is responsible for operations or maintenance of the systems, the Contractor shall apply the security fixes within the timeframe specified by the associated controls on the VA Information Security Knowledge Service. When security fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the Contractor shall provide written notice to the VA COR/CO that the patch has been validated as to not affecting the Systems within 10 business days.

INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE OR USE

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.