Fuel Quality Testing and Polishing.docx

STATEMENT OF WORK

UNDERGROUND AND ABOVE GROUND STORAGE TANK

FUEL QUALITY TESTING AND POLISHING

VA CONNECTICUT HEALTHCARE SYSTEM (VACHS)

VA MEDICAL CENTER WEST HAVEN

950 Campbell Avenue West Haven, CT 06516

VA MEDICAL CENTER NEWINGTON

555 Willard Avenue Newington, CT 06111

BACKGROUND

VA Connecticut Healthcare System requires annual Fuel Quality Testing and Fuel Polishing services for seven (7) Above Ground Storage Tanks (AST) and one (1) Underground Storage Tank (UST) at the West Haven VA Medical Center and three (3) UST’) at the Newington VA Medical Center.

JUSTIFICATION

Fuel quality testing and fuel polishing verify the quality of fuel to check for water contamination, microbial growth, and chemical degradation of the fuel and is a critical process to ensure tank fuel storage meets performance, safety, and environmental compliance. Sample Collection, Preparation, Analytical Testing, and Reporting are required by local jurisdiction, The Joint Commission, and other regulatory compliance reviews.

LOCATION OF SERVICES

VA Connecticut Healthcare System Fuel Quality Testing and Polishing

VA Medical Center West Haven 950 Campbell Avenue West Haven, CT 06516

VA Medical Center Newington 555 Willard Avenue Newington, CT 06111

PERIOD OF PERFORMANCE

Base contract period shall be 02/01/2026 – 1/31/2027. The contract will also contain the provision for (4) annual option years:

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

QUALIFICATIONS

To be considered eligible for consideration, potential bidders shall have a field service representative located within 200 miles of the West Haven Campuses of the VA Connecticut Healthcare System and have been trained by the Original Equipment Manufacturer (OEM) on the specific model of equipment that he/she is being asked to provide services for.

Bidders must provide upon request documentation of qualified/licensed and skilled in fuel testing, petroleum filtration and treatment requirements and have a minimum of 5 (five) years of equivalent work experience under the terms of this contract. The Contracting Officer and/or Contracting Officer’s Representative (COR) specifically reserve the right to reject any of the Contractor’s personnel and refuse them permission to work on the equipment outlined herein, based upon credentials provided.

Subcontracting of any ensuing award of this solicitation shall not be allowed without written permission of the Contracting Officer. Service response on calls from unauthorized personnel could result in non-payment.

SCOPE OF WORK

The contractor shall furnish all trained supervisory personnel, trained technicians, labor, materials, equipment, PPE, tools, supervision, transportation of testing samples, and all incidentals to complete the work for the services described in this document.

All work including Annual Fuel testing, Bi-Annual Fuel Filtering shall be in accordance with NFPA 110 Standard for Emergency and Standby Power Systems and ASTM D975 Standard Specification for Diesel Fuel.

Scheduled maintenance shall be completed Monday through Friday and during regular business hours of 8:00 a.m. and 4:30 p.m. No work shall be performed on Government Holidays unless an emergency status has been indicated by the Contracting Officer.

VA Connecticut Healthcare System Plumbing Repairs

US Federal Holidays:

New Year’s Day Martin Luther King Jr. Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Description of Services:

1. Service Provider shall schedule and coordinate all work with VA COR.

2. Any required outages shall follow proper coordination and notification through the VA COR.

3. All LOTO requests and procedures shall be in compliance with the VA Connecticut Healthcare System Medical Center Policy 138-075.

4. Coordinate all placement and removal of Lock Out Tag Out devices for any energy source with the VA COR/ Maintenance & Operations.

5. All Confined Space Entries shall be in compliance with the VA Connecticut Healthcare System Standard Operating Procedure Confined Space SOP-SO-010.

6. Waste manifest shall be submitted to the VA COR and the VA Safety GEMS Coordinator within 30 days following maintenance activities.

7. Protect all equipment in place during maintenance activities.

8. Service provider shall clean up work area and all debris.

Annual Fuel Sampling and Testing

1. Collect a minimum of 3 (three) fuel samples at various points of the fuel distribution system ensuring that samples are representative of the volume of fuel at each AST and UST in the inventory outlined below. Perform testing to ASTM D975 Standards and Requirements.

2. Report shall include chain of custody for record-keeping and history of the sample from collection to testing, ensuring traceability and accountability per ASTM D4840 “Standard Guide for Sample Chain-of-Custody Procedures”

3. Perform visual inspection of fuel for clarity, color, and presence of particulates or water.

4. Perform chemical analysis through Coupled Plasma (ICP), Atomic Absorption Spectroscopy (AAS), or X-Ray Fluorescence (XRF) to assess the chemical composition of the quality of fuel per ASTM requirements.

5. Perform Physical Testing of fuel per ASTM requirements.

6. Document all test results, sampling locations, and observations. Furnish electronic copy of reports within 7 business days of sampling.

7. Affix a tag or label on each tank with date and description of service.

Fuel Polishing Include a single line item for one occurrence of Fuel Polishing to be completed for each UST only if required.

1. Pump diesel fuel from each tank and perform filtration of diesel fuel to remove impurities of dirt and water.

West Haven Storage Tank System Inventory:

1. AST Tank – Building 39 (GB1) – (x1) 8,000 gallon diesel AST – Installed: 2021

2. AST Tank – Building 39 (GB2) – (x1) 10,000 gallon diesel AST – Installed: 2021

3. UST Tank L – Building 38 (GB2) – (x1) 12,500 gallon UST for Emergency Generator Only – Installed: 1997

4. UST Tank M – Building 65 (Grounds) – (x1) 500 gallon diesel AST for Emergency Generator Only – Installed: 2009

5. AST Boiler Tank Farm (Boiler Plant) – (x4) 20,000 gallon #2 Fuel AST (Boilers) – Installed: 2018

6. AST Tank 19 (Generator Building 19) – (x1) 10,000 gallon AST – Installed: 2018

7. AST Tank Building 1 SPS Generator 20) – (x1) 2,000 gallon AST – Installed: 2020

8. AST Fuel Tank Base (Generator 30) – (x1) 2,000 gallon AST for Emergency Generator Only – Installed: 2010

Newington Storage Tank System Inventory:

1. UST Tank #4 – Building 11 – (x1) 6,000 gallon diesel UST for Emergency Generator Only – Installed: 1997

2. UST Tank #6 – Building 2W – (x1) 4,000 gallon diesel UST for Emergency Generator Only – Installed: 1997

3. UST Tank #7 – Building 2E – (x1) 6,000 gallon diesel UST for Emergency Generator Only – Installed: 1996

Standard Fuel Testing

90% at 360C (680F) Max 90% at 350C (662F) Max (Preferred)

0.0015% (<15ppm) for Tier IV

Min 40

Min 40

Tests for Microbial Contamination

Lab Test Interpret per ASTM D6469

SUBMITTALS/DELIVERABLES

1. Service provider shall furnish all submittal item documentation with final dispositions and final documentation report with all tests, photos, and work completed within 10 business days following completion of work.

2. Service provider shall maintain and submit upon request current MSDS for all chemicals used in execution of this contract during on-site performance.

3. Service provider shall furnish a waste manifest as required.

SPECIAL INSTRUCTIONS

1. Service Provider Check-in: All employees of the service provider shall comply with VA Security Management Program and obtain permission of the VA Police and restricted from unauthorized access. Upon arrival, the Service Provider shall sign-in at Building 15 and receive a temporary identification badge prior to performing services at VA Connecticut Healthcare System. The Service Provider shall wear visible identification always displaying the name and company ID while on site. All site visits and work activities shall be coordinated in advance with the VA Contracting Officer Representative (COR) to ensure compliance with facility access requirements and security protocols. The VA personnel will provide access to any restricted areas as needed.

2. Documentation: At the conclusion of each repair and scheduled maintenance visit, the Service Provider shall provide a written service report indicating the date of service, the model, serial number, and location of equipment serviced, the name of the representative, and the services performed, and parts replaced and labor hours. The reports shall be delivered within five business days.

3. Per VA Directive 1805, smoking vaping, and smokeless tobacco are prohibited on the grounds of VA facilities, including in vehicles. This Directive applies to all Service providers and their employees.

4. No photography of VA premises is allowed without written permission of the contracting officer. Patients and staff are not to be photographed at any time.

5. VA reserves the right to close down or shut down the facilities and order Service provider employees off the premises in the event of a national emergency. The Service provider may return to the site only with the written approval of the VA Contracting Officer.

6. Parking for Service provider and its employees shall be in designated areas only. Service provider to coordinate with COR.

7. The Service provider shall confine all operations (including storage of materials) on government premises to areas authorized or approved by the VA Contracting Officer. The Service provider shall hold and save the government, its officers, and agents, free and harmless from liability of any nature occasioned by the Service provider’s performance. Working space and space available for storing materials shall be as determined by the COR. Workers are subject to the rules of the Medical Center applicable to their conduct. Execute work in such a manner as to reduce impacts with work being done by others.

8. Billing: Billing: Provide COR with a report or statement of work completed and include statements with request for payment. Statement should include service completed and the date each service item was completed. Labor charges shall be billed hourly, and any unused labor totals will be credited back to the VA Medical Center on the next billing cycle, upon receipt of the service report.

TERMS AND CONDITIONS

User Responsibility: The Service Provider shall not be held responsible under the terms of this contract for repairs to equipment necessitated by user abuse and/or misuse of equipment.

NARA Records Management Requirements The following standard items relate to records generated in executing this contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31, and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. The Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. The Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. The Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

APPENDIX A

INFECTION PREVENTION MEASURES

A. Implement the requirements of VA Medical Center’s Infection Control Risk Assessment (ICRA) team. ICRA Group may monitor dust, in the vicinity of the construction work, and require the Service Provider to take corrective action immediately if the safe levels are exceeded.

B. Establish and maintain a dust control program as part of the contractor’s infection preventive measures in accordance with the guidelines provided by ICRA Group as specified here. Prior to start of work, prepare a plan detailing project-specific dust protection measures, including periodic status reports, and submit to Project Manager and Facility ICRA team for review for compliance with contract requirements in accordance with Section 01340, SAMPLES AND SHOP DRAWINGS.

1. All personnel involved in the construction or renovation activity shall be educated and trained in infection prevention measures established by the medical center.

C. Medical Center Infection Control personnel shall monitor for airborne disease (e.g. aspergillosis) as appropriate during construction. A baseline of conditions may be established by the medical center prior to the start of work and periodically during the construction stage to determine impact of construction activities on indoor air quality. In addition:

1. The Project Manager and VAMC Infection Control personnel shall review pressure differential monitoring documentation to verify that pressure differentials in the construction zone and in the patient-care rooms are appropriate for their settings. The requirement for negative air pressure in the construction zone shall depend on the location and type of activity.

Upon notification, the contractor shall implement corrective measures to restore proper pressure differentials as needed.

2. In case of any problem, the medical center, along with assistance from the contractor, shall conduct an environmental assessment to find and eliminate the source.

D. In general, following preventive measures shall be adopted during construction to keep down dust and prevent mold.

1. Dampen debris to keep down dust and provide temporary construction partitions in existing structures where directed by Resident Engineer. Blank off ducts and diffusers to prevent circulation of dust into occupied areas during construction.

2. Analyze each site during design to determine the effects of blocking HVAC ducts and their impact on existing air handling systems that must remain operational before initiating a dust control program. The method of capping ducts shall be dust tight and withstand airflow.

3. Construct anteroom to maintain negative airflow from clean area through anteroom and into work area where required.

4. High risk patient care areas may require additional measures like air locks, special signage, smoke and negative pressure alarms.

5. Identify these areas clearly on the drawings and work with Medical Center personnel to achieve desired level of isolation suited to the scope of risk involved.

6. Do not perform dust- producing tasks within occupied areas without the approval of the Project Manager. For construction in any areas that will remain jointly occupied by the medical Center and Contractor’s workers, the Contractor shall:

a. Provide dust proof fire-rated temporary drywall construction barriers to completely separate construction from the operational areas of the hospital in order to contain dirt debris and dust. Barriers shall be sealed and made presentable on hospital occupied side. Install a self-closing rated door in a metal frame, commensurate with the partition, to allow worker access. Maintain negative air at all times. A fire retardant polystyrene, 6-mil thick or greater plastic barrier meeting local fire codes may be used where dust control is the only hazard, and an agreement is reached with the Resident Engineer and Medical Center.

b. HEPA filtration is required where the exhaust dust may reenter the breathing zone. Contractor shall verify that construction exhaust to exterior is not reintroduced to the medical center through intake vents, or building openings. Install HEPA (High Efficiency Particulate Accumulator) filter vacuum system rated at 95% capture of 0.3 microns including pollen, mold spores and dust particles. Insure continuous negative air pressures occurring within the work area. HEPA filters should have ASHRAE 85 or other pre-filter to extend the useful life of the HEPA. Provide both primary and secondary filtrations units. Exhaust hoses shall be heavy duty, flexible steel reinforced and exhausted so that dust is not reintroduced to the medical center.

c. Adhesive Walk-off/Carpet Walk-off Mats, minimum 24” x 36”, shall be used at all Interior transitions from the construction area to occupied medical center area. These mats shall be changed as often as required to maintain clean work areas directly outside construction area at all times.

d. Vacuum and wet mop all transition areas from construction to the occupied medical center at the end of each workday. Vacuum shall utilize HEPA filtration.

Maintain surrounding area frequently. Remove debris as they are created. Transport these outside the construction area in containers with tightly fitting lids.

e. The contractor shall not haul debris through patient-care areas without prior approval of the Resident Engineer and the Medical Center. When, approved, debris shall be hauled in enclosed dust proof containers or wrapped in plastic and sealed with duct tape. No sharp objects should be allowed to cut through the plastic. Wipe down the exterior of the containers with a damp rag to remove dust. All equipment, tools, material, etc. transported through occupied areas shall be made free from dust and moisture by vacuuming and wipe down.

f. Using a HEPA vacuum, clean inside the barrier and vacuum ceiling tile prior to replacement. Any ceiling access panels opened for investigation beyond sealed areas shall be sealed immediately when unattended.

g. There shall be no standing water during construction. This includes water in equipment drip pans and open containers within the construction areas. All accidental spills must be cleaned up and dried within 12 hours. Remove and dispose of porous materials that remain damp for more than 72 hours.

h. At completion, remove construction barriers and ceiling protection carefully, outside of normal work hours. Vacuum and clean all surfaces free of dust after the removal.

E. Final Cleanup:

1. Upon completion of project, or as work progresses, remove all construction debris from above ceiling, vertical shafts and utility chases that have been part of the construction.

2. Perform HEPA vacuum cleaning of all surfaces in the construction area. This includes walls, ceilings, cabinets, furniture (built-in or free standing), partitions, flooring, etc.

1. All new air ducts shall be cleaned prior to final inspection. SPEC WRITER NOTE: On small projects developed at Medical Center, Engineering Officer may tag items to be removed and stored, instead of noting such items on drawings or in specifications.

END OF APPENDIX

APPENDIX B

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR

INCLUSION INTO CONTRACTS, AS APPROPRIATE

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S> defense industry contractor personnel safeguard the classified information in their possession while performing work on contracts, programs, bid, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Secretary Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S.

to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor’s rights to use data as described in Rights in Data – General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met.

If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to terminator or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1 Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designation in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration.

Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

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

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

a. The Systems of Records (SOR); and

b. The design, development, or operation work that the contractor/subcontractor is to perform;

i. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and ii. Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of SOR on individuals to accomplish an agency function. For purposes of the ACT, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The A/E shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the A/E anywhere in the Systems including Operating Systems and firmware. The A/E shall ensure that Security Fixes shall not negatively impact the Systems.

j. The A/E shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 7 days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the A/E will provide written notice to the VA that the patch has been validated as not affecting the System within 10 working days. When the A/E is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 7 days.

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

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

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process.

The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government.

Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f. VA prohibits the installation and use of personally-owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW, or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved or other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclaved based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

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

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

(1) A/E must accept the system without the drive;

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

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

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

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

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation.

Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

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

6. SECURITY INCIDENT INVESTIGATION

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

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

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

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

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

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

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

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

(2) Description of the event, including

(a) Date of occurrence

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

(3) Number of individuals affected or potentially affected;

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

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

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

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

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

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

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

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

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services,…