P01 - RFI - SOW - MOTOROLA RADIO VIDEO SYSTEM.pdf

Department of Veterans Affairs

VISN9

2250 Leestown Road Lexington, Kentucky 40511

STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Lexington, Kentucky VAMC Motorola Capacity Plus Multi-Site Radio, and Avtec Console Proposals

2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified. This SOW is for the addition of the Motorola radio system with Wave LTE push to talk and Avtec Console on the Lexington Kentucky VA Medical Center Campuses. The Motorola Radios are vital for communications and security measurements and requirements within the VA policy.

3. Background: Per VA Handbook 0730, The Radio Policy for requirements on communications throughout the Police service on VA campuses as well as the surrounding CBOCs states that

• VA Police officers will be always provided portable two-way radio units for use while on duty.

• Such radios will include a frequency dedicated exclusively for Police use to facilitate instant Communication and direction during emergencies.

• The radio system is designed to prevent “dead spots’ from interrupting communications and will ensure that voice transmission is easily heard.

4. Performance Period: Firm-Fixed-Price The contractor shall complete the work required under this SOW in 180 calendar days or less from date of award, unless otherwise directed by the Contracting Officer (CO). If the contractor proposes an earlier completion date, and the Government accepts the contractor’s proposal, the contractor’s proposed completion date shall prevail. The work shall begin within 60 calendar days of award, unless otherwise specified. Work at the Government site shall not take place on Federal holidays or weekends unless directed by the CO.

5. Type of Contract: Firm-Fixed-Price

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kickoff meeting or has advised the contractor that a kickoff meeting is waived.

C. GENERAL REQUIREMENTS

1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, along with associated sub-milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3. Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 90 calendar days from the date of receipt.

The contractor shall have 180 calendar days to deliver the final deliverable from date of receipt of the Government’s comments.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW. For most requirements, concentrate on describing functionally of the product.

Task One: The contractor shall provide a detailed work plan and briefing for the VA project team, which presents the contractor's plan for completing the task order. The contractor's plan shall be responsive with this SOW and describe, in further detail, the approach to be used for each aspect of the task order as defined in the technical proposal.

Deliverable One:

Qty. Description.

Radio Infrastructure and Rugged Tablets

8 SL5700 403-470 MHz UHF 1-50W

2 2 Ch UHF Duplexer with Preamp.

6 Getac K120 G2 Rugged Tablet

6 Getac Keyboard Dock for K1

6 Getac 2-year Warranty extension for K120

0 Discontinued

1 Wave STG Gateway 10 talkpaths 50 talk groups

1 Tier 1 STG provisioning

Qty. Description.

Radio System Software/Entitlements

4 Linked Capacity Plus New System Deployment

2 Digital Voting Operation

4 Voice Network Application Interface

30 MOTOTRBO License Capacity Plus (Multi-Site)

Subscriber List

60 MOTOTRBO ION 400-512 4W LTE CBRS Bluetooth Wi-Fi

60 Standard Battery – IMPRES Li_ion IP682820T mAh

60 Standard Charger – IMPRES Single Unit Charger

60 UHF Short Whip 9cm Antenna, 400-527MHz 60 Standard Model Box

60 Standard Carry Holster

60 RM780 GCAI Remote Speaker Microphone

6 XPR 5550e GOB BT/GPS/WIFI - Enabled

6 Standard Compact Microphone

6 Standard Mounting Bracket

6 Standard Power Cable

6 Standard Model Box

6 Standard 5-year SMA and Software Features

6 STDESS0511 (U/V)

Antenna and Infrastructure Installation Equipment 4 N - Type Male to N – Type Male 24”

4 BNC Type Male to BNC Male 24”

4 N – Type Male to BNC Male 24”

2 N Female “T” Adapter

4 Juniper Care Next Day – Extended Service Gateway

4 JUNIPER SRX300 Rack Mount kit W/ Adapter Tray 12 Juniper Care Next-Day- Extended Service

4 1101-620-1 – TSJ100BT Surge Protector

1 Juniper Networks – Wireless Cellular Modem –

4G LTE

4 Battery Cable for Repeater

4 12 Volt 100 AH Battery

4 Large Battery Box

4 500 va ups for switch

4 30Hx23Wx25D in Cabinet Indoor Cabinet Cream

6 Ignition sense Cable

6 UHF 3.5dB Gain Through-hole Mount, 494-512 MHz

40 1/4” Superflex

6 N-Male Hex Head 1/4“Superflex Conn 2 7-16 DIN Male for 1/4 IN FSj1-50A Cable

6 Heavy Duty Vehicle Mount Chevy GMC

6 Heavy Duty Telescoping Pole 8.5 in

6 Heavy Duty Computer Monitor Mount

6 Rugged Keyboard Mount

6 Havis Docking Station Fully Rugged K120 6 2.4-2.5 / 4.9 – 5.9 GHz Shadow NMO Ant w/Mnt

6 SMA Male Crimp-RG58, RG141

1 9 Outlet Rack Mount AC Protector

AVTEC EQUIPMENT LIST

Qty. Description

Console Operator Position Hardware

2 PC for Scout Console package, Dual NICs, MS Windows 10 Professional 64 Bit OS

2 22” Full HD Touch Screen Monitor, HDMI/ DPort/VGA/DVI Inputs, No Driver Req

2 USB PTT Footswitch Accessory Software Media Workstation

2 Avtec USB Jack Box for Software Console:

2 Avtec USB Desk MIC for Software Console:

2 Avtec USB dual Speaker Kit for Software Console:

2 10 Port USB Hub, USB 3.0

2 Plantronics CA22CD Wireless PTT Headset Base Headset Top Sold Separately.

6 Headset Top, Single ear With Noise Canceling Microphone. Requires base

4 4 Outlet AC Line Filter

Gateways and Endpoint Hardware

2 1 Rack Unit (1RU) Server Solid State Hard drive, Windows 2019 Server OS, TPM 2.0 Requires additional package for Monitor, Keyboard, etc.

(DISP-XXXX)

1 1U LCD Folding Display, for Relay Rack. Incudes Keyboard with trackpad and 8 Port - KVM

Donor Radio

1 All Band Consolette

1 DEL: Delete VHF BAND

1 DEL: Delete UHF BAND

1 ENH: P25 Trunking Software APX 1 ENH: Smartzone Operation APX

1 ENH: Astro Digital CAI OP APX

1 ADD: Advanced System Key – Hardware key

1 ADD: AES/DES-XL/DES-OFB Encryption and ADP

1 ADD: Multiple Key Encryption Operation

1 ADD: Group Services

1 ADD: Enhanced Data APX

1 ADD: Full FP W/E5/Keypad/Clock/VU

1 ADD: No Microphone Needed

1 ADD: AC Line Cord US 1 ADD: 5 Year Essential Service

1 APX Consolette Rank Mount Kit

1 ASSY, MIC FRNT, GRY STD PALM MIC (GCA)

UPS, Power Strips, And AC Surge

1 Tripp Lite UPS Smart Online 1500VA 1250W Rackmount 120V LCD USB DB9 2URM

3 Tripp Power Strip Rackmount Metal 120V 5 - 15R Right Angle 12 Outlet 1U

Console (Operator) Position Software

2 Scout EX Console – Tier 2

Gateways and Endpoint Software

1 Level 1 VPGate redundant Software License

1 Supplementary VPGate Motorola IP Link Endpoint License

Racking Equipment

2 Kit to add support for rack mount 1U severs mounted in a 2-post rack

2 HP VESA Mount Solution – Mounting Kit

Spare Equipment

1 USB PTT Footswitch Accessory Software media Workstation

1 Avtec USB Jack Box for Software Console:

1 Avtec USB Desk Mic for Software Console:

1 Avtec USB Single Speaker Kit for Software Console:

1 10 Port USB Hub, USB 3.0

1 Plantronics CA22CD Wireless PTT Headset Base

1 Headset Top, Single Ear with Noise Cancelling Microphone. Requires Base

800 MHz Control Station Antenna

1 763-869 MHz 2.1dBi Omni Collinear Antenna

Main Line

1 1/2” N Male Positive Stop AL4RPV, LDF4 &HL4RP-

100 1/2“Foam Heliax Cable – Black Jacket

1 Connector/ Splice Weatherproofing Kit

1 Cold Shrink Connector Insulator, 9 in, 2/0 AWG to 250 kcmil

1 Support/ Hoist Grip 1/2 Superflex

3 SureGround Grounding Kit, (1/2”)

5 SnapStak Stackable Handers, (1/2”)

1 1/2” N Male Positive Stop AL4RPV, LDF4 &

HL4RP-50

Surge

1 Flange Arrestor, N/F

1 YA6C – Single Hole, 6 AWG, Long Barrel, 1/4” Stud

5 600V 259STR Weld Blk

1 YA6C2TC38 – Two Hole, 6 AWG, Long Barrel 3/8” Stud

2 3/8” 16 x 5/8” Grade 18-8 Stainless Steel Hex Cap Screw, 1 ea.

2 3/8” 18-8 Stainless steel Small OD Flat Washer, 1 ea.

2 3/8” 18-8 Stainless Steel High Collar Lock washer, 1 ea.

2 3/8” 16 18-8 Stainless Steel finished hex Nut, 1 ea.

Surge Arrestor to Control Station 1 Type N Male for ¼ in FSJ1-50A Cable

25 1/4” 50 Ohm Superflex Coax Cable

1 Type N Male Right Angle for ¼ in FSJ1-50A Cable

Non - Penetrating Mounts

1 60” H Non- Penetrating Mount 1 3/8 in Thick FRM Pad

1 150’ Safety Cable for PRM6

16 Cinder Block Local Purchase

Roof Cable Grounding and Management

1 2-3” Round Member Adapter

110 Bare Copper Wire, Cut Reel, Copper Solid/Tinned, 2 AWG

3 Grommet With Single 10mm hole for ½ in Hanger

29 PVC Roof Sleeper, for four Coaxial Cable runs

3 SnapStak Stackable Hangers, (1/2”)

6 Universal snap-In Adapter Block

8 YC2C2 Copper Compression C- Tap (#2 - #2)

4 YA3CTC38 – Single Hole, 2 AWG, Long Barrel, 3/8” Stud

4 YA2C2TC38 – Two Hole, 2 AWG, Long Barrel, 3/8” Stud, Hole Spacing 1 “

Feed-Thru

1 4” Single Entry Feed-thru

Roxtec Boots

1 5 Hole Flexible Cable Entry Port Seal

1 Install Hardware

E. EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES [If applicable]

No gray market items will be acceptable. Gray market items are Original Equipment Manufacturers’ (OEM) goods sold through unauthorized channels in direct competition with authorized distributors. Vendor shall be an OEM authorized dealer, authorized distributor, authorized reseller, verified by an authorization letter or other documents from the OEM.

Offeror shall provide installation, service, and maintenance on all equipment on site and shall have an on-campus response time of one hour or less to prevent delays in campus security and safety protocols. To avoid concerns regarding project quality, delays, communication issues, cutting costs, and managing multiple parties, it’s the decision of the COR, and the Government to have all services, and maintenances done by the awarded contractor (no subcontractors).

PRODUCT CAPABILITIES:

Must be 100% compatible with the upcoming Avigilon Camera operating system.

• Must have LTE, Wi-Fi, and Bluetooth connectivity.

• Must be built for extreme ruggedness/wear and tear.

• Must have mission-critical all-weather touchscreen.

• Must have enhanced audio for louder, clearer voice.

• Must have 14hrs of battery life, with an optional 18-hour battery.

• Must have a standard 4400 mAh battery, with 5650 mAh high-capacity option.

• Must have antennas built for comfort and wearability.

• Must have ViQi Voice Control/radio operation using simple voice commands.

• Must provide enhanced audio feature for clear communication.

• Must be capable of sharing texts, images, videos, and audio files.

• Must automatically switch voice communications to broadband if radio coverage is lost.

F. SCHEDULE FOR DELIVERABLES

1. The contractor shall complete the Delivery Date column in Attachment A for each deliverable specified.

2. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.

3. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

GOVERNMENT HOLIDAYS:

o New Year’s Day… ........................................... January 1 o Martin Luther King’s Birthday… .................... 3rd Monday in January o President’s Day… ........................................... 3rd Monday in February o Memorial Day… ............................................. Last Monday in May o Juneteenth ..................................................... Jun 19th o Independence Day… ...................................... July 4th o Labor Day… .................................................... 1st Monday in September o Columbus Day… ............................................. 2nd Monday in October o Veteran’s Day….............................................. November 11 o Thanksgiving Day… ........................................ Last Thursday in November o Christmas Day… .............................................. December 25

Any other day designated by the President as a national holiday. When one of the holidays fall on a Sunday; the following Monday will be observed as a legal holiday.

When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by US Government agencies.

G. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

H. REPORTING REQUIREMENTS

1. The contractor shall provide the PM/TM with monthly [frequency determined by project’s duration] written progress reports (original plus copies). These are due to the PM/TM by the second workday following the end of each calendar month, throughout the project's duration. The PM/TM is required to provide monthly progress reports to the Contracting Officer’s Technical Representative (COR) by the fifth workday of the new calendar month.

2. The progress report shall cover all work completed during the preceding month and shall present the work to be accomplished during the subsequent month. This report shall also identify any problems that arose, along with a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved, with an explanation.

I. TRAVEL [If applicable] Travel costs must be detailed and included in vendor quote. No travel expenses will be reimbursed after award if not specified.

J. GOVERNMENT RESPONSIBILITIES [If applicable]

a. The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses.

b. Upon receipt, the VA Security, and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation.

c. The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days.

d. The VA Security and Investigations Center (07C) will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM.

e. The contracting officer will ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested.

K. CONTRACTOR EXPERIENCE REQUIREMENTS (Standard mandatory language for all task orders) o The government will determine on a SR basis what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this task order at the time the work is being negotiated.

o If a key person becomes unavailable to complete the SR, the proposed

Substitutions of key personnel shall be made only as approved directed by the Contracting Officer and the COR. The government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein.

o The contractor shall submit a resume of qualifications for the COR, and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, non-key personnel Contractor personnel are no longer available, HES/HIS reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications set forth in the TLO. Team personnel proposed by the contractor should possess some of the following knowledge and/or skills:

o The contractor must notify VHA in advance and we will approve or reject proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications to the COR for key personnel and all other direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty. If, at any time from date of award to the end of the contract, Contractor personnel are no longer available, the VHA will approve the qualifications of proposed replacement personnel and will reject individuals who do not meet qualifications set forth herein. The contractor must inform the VHA COR, and Project Manager/Task Manager when personnel are removed from the contract for any reason. The Contractor shall remove any employee from the performance of this contract within five (5) workdays of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

▪ The contractor must inform the VHA COR, and Project Manager/Task

Manager when personnel are removed from the contract for any reason.

▪ If a key person becomes unavailable to complete the SR, proposed Substitutions of key personnel shall be made only if approved by the COR and Project Manager.

▪ The contractor shall submit a resume of qualifications to the COR for all direct employees proposed for the project. All Contractor employees will be approved by the COR prior to bringing on duty.

L. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor.

Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the

CO.

M. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS1

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access.

1 This language is still in draft form. The OI Service Center is reviewing alternative sources for background investigations.

1. Position Sensitivity – The position sensitivity has been designated as Moderate (Insert High Risk, Moderate Risk or Low Risk.)

2. Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

3. Contractor Responsibilities

a. The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship, and are able to read, write, speak, and understand the English language.

b. The contractor shall submit or have their employees submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt.

c. The contractor, when notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract.

d. Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

4. Government Responsibilities

i. The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor, or to the contractor’s employees, after receiving a list of names and addresses.

ii. Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

iii. The VA Office of Security and Law Enforcement will notify the CO, and contractor, of adjudication results received from OMB.

iv. Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor.

N. 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 is 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 contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. Custom software development and outsourced operations must be 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.

d) 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.

O. 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 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 following VA directive requirements.

c) Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor during 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, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

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.

P. Security Incident Investigation

a) The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures.

The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b) To the extent known by the contractor/subcontractor, the contractor/subcontractors 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.

Q. Liquidated Damages for Data Breach

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

b) The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above.

Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

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

(2) Description of the event, including:

(a) date of occurrence.

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

(3) Number of individuals affected or potentially affected.

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

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

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

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

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

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

Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate;

and 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 $ per affected individual to cover the cost of providing credit protection services to affected individuals.

e) Consisting of the following:

(1) Notification.

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

(3) Data breach analysis.

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and

(a) credit freezes, to assist affected individuals to bring matters to resolution.

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit.

(a) records, histories, or financial affairs.

R. Security Controls Compliance Testing

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

S. Training

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems.

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

T. Record Management Obligations

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

includes Lexington VA Health Care System (LVAHCS) records.

does not include personal materials.

applies to records created, received, or maintained by Contractors pursuant to their LVAHCS contract.

may include deliverables and documentation associated with deliverables.

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

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

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

LVAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of LVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to LVAHCS. The agency must report promptly to NARA in accordance with

36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle].

The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to LVAHCS control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle].

Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with LVAHCS policy.

The Contractor shall not create or maintain any records containing any non-public LVAHCS information that are not specifically tied to or authorized by the contract.

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

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

Training.

All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take LVAHCS-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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

D. Flow down of requirements to subcontractors.

The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.