P02 MR RFI Draft PD NetApp Maint.docx

Request for Information 36C10B27Q0024

DRAFT PRODUCT DESCRIPTION

DEPARTMENT OF VETERANS AFFAIRS

Office of Information & Technology Infrastructure Operations

Brand Name NetApp Storage Hardware and Software Maintenance and Support Renewal

Date: October 5, 2026 Version: 1.0

Contents

PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA) Office of Information and Technology (OIT) requires brand name NetApp hardware and software maintenance support with hard drive retention for existing brand name NetApp Storage systems deployed across the VA enterprise. In addition, the Contractor may be required to provide blocks of training credits and/or support account manager services. VA utilizes these storage devices to support server virtualization operations, site File Shares and critical medical and administrative data. This maintenance will ensure these items remain operational. These storage solutions are vital in providing high-availability, virtualized servers for their respective facilities, including fault-tolerance and in-use migrations to support clinical and administrative use cases, resulting in zero loss of data. The Contractor shall comply with all terms and conditions in this Product Description (PD), including all appendices, attachments, and references, specifically including Addendum B, VA Information and Information Security and Privacy Language.

The Contractor shall be an authorized reseller or partner of NetApp, providing only genuine Original Equipment Manufacturer (OEM) parts and services. Maintenance support includes 24 hours a day X 7 days a week X 365 days a year (24x7x365) hardware and technical support, including targeted response, onsite and remote support, repair, updates, and upgrades on the NetApp system devices.

The period of performance for this effort is a 12-month base period, with 1 12-month option period and 2 optional tasks that may be exercised any time during performance. During the base period, coverage for Items # 17 through 26 in Annex A for Connectivity and Collaboration Services – Unified Communications & Infrastructure Engineering (CCS-UCIE) begins 1 February 2027 and ends 31 January 2028.

The Contractor shall provide the brand name NetApp maintenance support services for the VA’s existing NetApp system devices currently in use at:

· Infrastructure Operations – Converged Virtualization Infrastructure (IO-CVI)

· Infrastructure Operations – Tapeless Backup Encryption (IO-TBE)

· Infrastructure Operations – Data Center Equipment (IO-DCE)

· CCS-UCIE

· Office of Information Security - Cybersecurity Operations Center (OIS-CSOC)

Respective serial numbers and locations are identified in part list "Annex A NetApp Maintenance Serial Tracker": which lists each system by end user, item number, serial number, description and VA group.

The Contractor shall provide brand name NetApp SupportEdge Secure for Government (SESG) hardware maintenance coverage to include the following:

a. Four-hour on-site maintenance with 15-minute engineer response of Severity 1 issues, except systems marked next business day (NBD) in Annex A.

b. Replacement parts and onsite hardware repair as required to restore the system to full operation.

c. 24x7x365 coverage. Coverage is defined as unlimited parts and labor.

d. Initial engineer-level response within the times in the Quality Metrics/Service Level Agreement section.

e. Four-hour on-site response time for emergency dispatches, except systems marked next business day (NBD) in Annex A.

The Contractor shall provide NetApp SESG hardware and software maintenance and support services, including:

a. 24x7x365 remote hardware and software technical support.

b. Four-hour onsite response time for emergency dispatches, except systems marked with a response time of NBD in Annex A.

c. Replacement parts and onsite hardware repair as required to restore the system to full operation.

d. Software and firmware updates, including major releases, point releases, newly released features, service releases, security releases, and bug fixes. Onsite response and installation of software releases as needed.

e. Access to online support resources including product documentation, knowledge base articles, and user forums.

HARD DRIVE RETENTION

Once delivered to VA, any storage media, or any component capable of retaining VA data to include, at a minimum, rotating hard disk drives, solid state disk drives, Peripheral Component Interconnect Express (PCIe) flash media, universal serial bus memory devices, Non-Volatile Memory Express (NVMe) Cards, and 3D XPoint/Optane media shall be retained by VA indefinitely. The Contractor shall not remove storage media from VA facilities without the prior written approval of the Contracting Officer (CO).

KICKOFF MEETINGS

The Contractor shall host a Kickoff Meeting with VA via teleconference within three calendar days after contract award. Within this Kickoff meeting the Contractor shall provide a Kick-off Meeting agenda to the Contracting Officer’s Representative (COR) and Program Manager (PM), 1-day prior to the meeting, review the support requirements and timetables, designating 4-hour vs. NBD support, with the COR, and PM to ensure all key VA stakeholders and Contractor personnel work collaboratively together to ensure success of the effort.

Deliverables:

A. Kickoff meeting Agenda.

B. Kickoff meeting Minutes.

SERVICE LEVEL AGREEMENT MONITORING PLAN AND REPORT

The Contractor shall provide the initial Service Level Agreement (SLA) Monitoring Plan and Report to the COR and PM for review and approval within 15 calendar days of award. Upon approval, the Contractor shall implement SLA monitoring in accordance with the approved plan. SLA metrics data is to be included as part of its monthly monitoring plan. The Contractor shall provide the SLA Report monthly which shall capture data as specified in the Deliverable Metrics/SLAs in this PD (paragraph 1.4) with the initial report being due 30 calendar days after award. The SLA Report shall be delivered in conjunction with the Monthly Status Report. All SLAs in this PD shall be reported monthly.

VA will not hold the contractor responsible for outages caused solely by VA actions. The Contractor will not be penalized for outages originating from VA-owned infrastructure, including the VA Enterprise Cloud, insofar as they impact relevant operations (e.g. cloud disaster recovery capabilities).

Deliverables:

A. SLA Monitoring Plan.

B. SLA Monitoring Report.

QUALITY METRICS/SERVICE LEVEL AGREEMENT

This section contains the SLA requirements. The SLA provides the Government’s expectations relating to Contractor quality and service level commitments. This section defines Contractor performance management and reporting requirements for the contract. All service level requirements as defined below constitute the overall SLA for this contract.

The Contractor shall provide a SLA Monthly Status Report to the COR. The Report shall detail response times, resolution times, system uptime, on a monthly basis and shall be based upon the metrics listed below under numbers one (1) through four (4). These metrics shall be used to determine the level of SLA performance.

Severity levels follow NetApp’s case priority definitions:

· Severity 1 (Critical), NetApp Priority 1: The system is down, unable to serve data, or degraded to the point that normal operations cannot continue.

· Severity 2 (Major), NetApp Priority 2: The system has an intermittent failure or degraded performance; operations continue at a reduced or inconsistent rate.

· Severity 3 (Minor), NetApp Priority 3 and Priority 4: The issue has little or no operational impact, a workaround exists, or the case is a request for information.

The Government assigns the severity level of each case.

1. Response Times:

· Severity 1 (Critical): 15 minutes initial engineer-level remote response, 4-hour onsite response (if needed); next business day for systems marked NBD in Annex A.

· Severity 2 (Major): 2-hour initial engineer-level remote response, 8-hour onsite response (if needed); next business day for systems marked NBD in Annex A.

· Severity 3 (Minor): Next business day initial engineer-level remote response, Next Business Day onsite response (if needed).

2. Resolution Times:

· Severity 1 (Critical): Target resolution within 8 hours of initial response, or of on-site arrival where on-site support is required.

· Severity 2 (Major): Target resolution within 24 hours of initial response, or of on-site arrival where on-site support is required.

· Severity 3 (Minor): Target resolution within 3 business days of initial response.

3. System Uptime:

· 99.999% uptime for NetApp storage systems covered under this agreement.

· Cumulative system uptime is the percentage of total hours in the calendar month that each Annex A system was available to serve data. Outages caused solely by VA actions are excluded. The SLA Monthly Status Report shall state cumulative system uptime for each Annex A system.

In the event the Contractor fails to meet system uptime requirements and the cumulative system uptime during a calendar month falls below the agreed-upon 99.999% threshold, as required herein, the Contractor shall discount that period’s price for brand name NetApp hardware and software maintenance support.

Deliverable:

SLA Monthly Status Report.

QUALITY LEVELS

In the event the Contractor is unable to meet any of the performance requirements as specified in this PD, the Contractor shall discount that month’s invoice’s overall price for brand name NetApp hardware and software maintenance support:

· Failure to meet response times for severity 1 issues: The Contractor shall discount the given period’s price by $5,000.00 per occurrence for Severity 1 issues where the response time in effect for that system (4-hour, or next business day where marked NBD in Annex A) exceeds the agreed-upon SLA by more than 2 hours.

· Failure to meet system uptime requirements: If the cumulative system uptime as reflected in the Monthly SLA Status Report falls below the agreed-upon 99.999% threshold, the Contractor shall discount that period’s price in accordance with the table below.

INITIAL AND ADDITIONAL BLOCK OF TRAINING CREDITS (OPTIONAL TASK 1)

Should VA OIT choose to exercise this optional task, the Contractor shall provide blocks of training credits. Each block shall have 60 credits. This optional task may be exercised up to 30 times during the life of the contract, if exercised. The Contractor shall provide a quarterly report on the usage of the credits to the COR via email (if exercised). Training credits shall be utilized by VA for training. Training credits may be used at any time during the period of performance.

Training will be scheduled by the VA based on NetApp’s course catalog and instructor availability. With vendor assistance, customized courses may be developed to address the specific needs of the VA Storage Management Service Line.

Training credits will be used exclusively for instructor-led virtual training and will not exceed the number of credits available to the VA. For each scheduled course, the vendor will provide course outlines, hands-on laboratory exercises, and instructional materials at no additional cost to the VA. Class sizes will be determined by the selected courses and should not exceed 15 students.

Training credits will not be used for on-demand online courses available through the NetApp course catalog.

Deliverable:

Quarterly Training Report.

SUPPORT ACCOUNT MANAGER (OPTIONAL TASK 2)

Should VA OIT choose to exercise this optional task, the Contractor shall provide up to two (2) NetApp employees per Base Period and Option Period, to serve as the Support Account Manager (SAM) service for the systems listed in Annex A. The SAMs shall be NetApp employees and shall serve as the Government’s point of contact regarding systems listed on Annex A for case management, escalation, and lifecycle planning. The Contractor shall provide the name of each SAM to the COR within five calendar days after exercise. This optional task may be exercised twice in the Base Period and twice in Option Period 1. If exercised, service runs from the exercise date through the end of that period.

This optional task covers Annex A systems only. It does not include account management, program management, or resident services for systems supported under any other VA contract.

The SAM shall perform the following tasks:

a. Manage Severity 1 and Severity 2 cases on Annex A systems from open to closure, including escalation within NetApp.

b. Deliver a root cause analysis for each Severity 1 case within ten calendar days of case closure.

c. Review system health data for Annex A systems monthly and identify risks with recommended remediation.

d. Report hardware, disk, shelf, and software end-of-support dates for Annex A systems, and support contracts expiring within the next 90 days.

e. Provide ONTAP and firmware upgrade recommendations for Annex A systems.

f. Conduct a quarterly service review with the COR and PM.

g. Provide 24x7x365 on-call support for the VA.

Deliverables:

A. SAM Account Plan.

B. Monthly SAM Service Report.

C. Root Cause Analysis Report.

D. Quarterly Lifecycle Report.

E. Quarterly Service Review Agenda and Minutes.

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

On January 18, 2017, the Access Board issued a final rule that updated accessibility requirements covered by Section 508 and refreshed guidelines for telecommunications equipment subject to Section 255 of the Communications Act. The final rule went into effect on January 18, 2018. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: Revised 508 Standards and 255 Guidelines (access-board.gov). A single Portable Document Format (PDF) file version of the Revised Section 508 Standards and 255 Guidelines will be supplied upon request, or can be obtained from the Access Board website. Federal agencies must comply with the Rehabilitation Act of 1973, as amended.

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

COMPATABILITY WITH ASSISTIVE TECHNOLOGY

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

ACCEPTANCE AND ACCEPTANCE TESTING

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

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

INFORMATION TECHNOLOGY USING SUSTAINABLE PRODUCTS

The Contractor shall comply with Sections 524 and Sections 525 of the Energy Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005; Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” dated January 20, 2025; Executive Order 13221, “Energy-Efficient Standby Power Devices,” dated August 2, 2001; and the Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) to provide ENERGY STAR® certified and Federal Energy Management Program (FEMP) Designated Low Standby Power information technology products, see https://www.energy.gov/femp/search-energy-efficient-products. See http://www.energystar.gov for complete product specifications and updated lists of Energy Star certified products. FEMP low standby power product listing can be found at https://www.energy.gov/femp/low-standby-power-product-list.

The Contractor shall provide products that meet the definition of sustainable products if the products are delivered to the Government; furnished by the Contractor for use by the Government, incorporated into the construction of a public building or public work, or acquired by the Contractor for use in performing services under a Government contract where the cost of the products is a direct cost to a Government contract (versus costs which are normally applied to a contractor's general and administrative expenses or indirect costs).

Specifically, the Contractor shall provide sustainable products under this contract in accordance with RFO 52.223-23 (NOV 2025). The applicable products with their associated certification and/or designation required (e.g. Energy Star, FEMP Low Standby Power) are identified within the product requirements specifications in this PD. The Contractor shall self-certify that its proposed products meet the certification(s) and/or designation(s) specified.

DELIVERY AND GOVERNMENT POINTS OF CONTACT

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

Ship To and Mark For: Delivery of software maintenance and technical support, confirmation of delivery, and all other communications (to be provided at time of award) shall be directed electronically to the following:

Government COR – Primary Point of Contact (POC) and Delivery POC:

Name:

Address:

Phone:

Email:

Government Alternate POC:

Name:

Address:

Phone:

Email:

Government Alternate POC:

Name:

Address:

Phone:

Email:

GENERAL REQUIREMENTS

VA TECHNICAL REFERENCE MODEL

The Contractor shall comply with the VA OIT Technical Reference Model (VA TRM). Compliance with the VA TRM is achieved by using only technologies and standards that are listed as approved for use in the VA TRM. The Contractor shall provide all necessary information requested by VA to ensure TRM approval is obtained prior to use on VA’s network.

ZERO TRUST – VA CRITICAL SECURITY CONTROLS

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

SOCIAL SECURITY NUMBER (SSN) REDUCTION

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

INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support IPv6-Only based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). Which defines IPv6-only as the state of an operational system or service when Internet Protocol version 4 (IPv4) protocol functions (addressing, packet forwarding) are not in use. The National Institute of Standards and Technology (NIST) USGv6 profile defines technical requirements for a product to be capable of operating in IPv6-Only environments. IPv6-Only technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices, applications, and systems shall support all applicable functionality on native IPv6-Only as well as dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g., web, email, Domain Name System (DNS), Internet Service Provider (ISP) services, etc.) shall support native IPv6-Only and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall support using native IPv6-Only and dual stack (IPv6 / IPv4) for all functionality and operations.

SOFTWARE AND LICENSING REQUIREMENTS

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

TRUSTED INTERNET CONNECTION (TIC)

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

GENERATIVE ARTIFICIAL INTELLIGENCE REQUIREMENTS

If Artificial Intelligence (AI) is part of the Contractor system/solution, the Contractor shall be in compliance with Executive Order (E.O.) 13960 and 14319, OMB Memorandums M-25-21, M-25-22, and M-26-04, and VA Directive and Handbook 6500 to support VA in trustworthy, secure, responsible, accountable, Truth Seeking, and Ideologically Neutral AI innovation.

No web-based, publicly available generative AI service has been approved for use with VA-sensitive data including, but not limited to OpenAI’s ChatGPT, Microsoft’s Copilot, Google’s Gemini, and Anthropic’s Claude. No Personally Identifiable Information (PII), protected health information (PHI), or VA-sensitive data should be entered into these unapproved services. The entire definition of VA Sensitive Data can be found at 38 U.S.C. § 5727 (23). The Contractor shall protect VA Sensitive data from unauthorized disclosure or use, and from being used to train or improve the functionality of the vendor's commercial offerings without express permission from VA. Only VA-hosted instances of generative AI services may be approved for use with VA-sensitive data.

The Contractor shall deliver the services, technical data, configurations, models, weights, documentation or other information, including source code, developed during contract performance. The Contractor, in collaboration with VA, must evaluate the output of any AI tool for accuracy prior to using the output in VA efforts. All data, including models, weights, algorithms, and outputs generated using either Government-furnished data or data first developed under this contract shall be the property of the Government with unlimited rights as defined by FAR 52.227-14. The Contractor shall also deliver any custom-developed code developed with AI methodologies in accordance with the SHARE IT Act, if applicable. VA shall also retain unlimited rights to any improvements to that data, including the continued design, development, testing, and operation of AI systems and/or systems utilizing AI.

The Contractor shall ensure that all AI Systems, including Large Language Models (LLM), whether standalone LLMs or integrated into broader software platforms, procured under this effort and/or used in performance of this contract complies with the Unbiased AI Principles as defined in Executive Order 14319 and OMB Memorandum M-26-04, e.g. Truth Seeking and Ideologically Neutral, as applicable to the intended use of the system.

The Contractor shall ensure that AI System/LLM generated outputs are truthful in responding to user prompts seeking factual information or analysis, prioritize historical accuracy, scientific inquiry, and objectivity, as well as acknowledge uncertainty where reliable information is incomplete or contradictory and do not fabricate, hallucinate, or present unverifiable information as fact.

The Contractor shall ensure that LLMs and AI outputs are neutral, nonpartisan tools that do not manipulate responses in favor of ideological dogmas such as Diversity, Equity, and Inclusion (DEI). The Contractor shall ensure that the LLMs, including the AI System, are not intentionally encoded with partisan or ideological judgments within an AI System’s/LLM’s outputs unless those judgments are prompted by or otherwise readily accessible to the end user.

Compliance with the AI requirements of this contract, including adherence to the Unbiased AI Principles, Truth-Seeking and Ideological Neutrality requirements, disclosure obligations, monitoring and reporting requirements, and corrective action responsibilities, is a material condition of eligibility for payment and continued performance. In accordance with OMB Memorandum M-26-04, failure to comply with these requirements, or refusal to take timely and appropriate corrective action to remedy identified noncompliance, may constitute a material breach of contract and may result in remedies consistent with the terms of the contract and applicable law including but not limited to withholding of payment, termination for cause/default, or other appropriate contractual remedies, as determined by the Contracting Officer.

All AI for delivery and/or use in performance of the contract shall adhere to the VA Trustworthy AI Framework, available at https://department.va.gov/ai/trustworthy/. Once the Contractor has obtained CO authorization to use specific AI in contract performance, the Contractor shall provide the COR a signed Statement of Attestation prior to AI implementation as identified in the Artificial Intelligence in VA Contracts clause, to include its associated list of AI being used in contract performance.

Deliverable:

Statement of Attestation.

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

NOTE: In the event of a conflict, VA Acquisition Regulation (VAAR) Security Clauses take precedence over the language in this Addendum B.

GENERAL

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

VA INFORMATION CUSTODIAL LANGUAGE

a. The Government shall receive unlimited rights to data/intellectual property first produced and delivered in the performance of this contract or order (hereinafter “contract”) unless expressly stated otherwise in this contract. This includes all rights to source code and all documentation created in support thereof. The primary clause used to define Government and Contractor data rights is FAR 52.227-14 Rights in Data – General.

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

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

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

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

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

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

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

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

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

k. Notwithstanding the provision above, the Contractor shall not release VA records protected by Title 38 U.S.C. § 5705, Confidentiality of medical quality-assurance records and/or Title 38 U.S.C. § 7332, Confidentiality of certain medical records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse or infection with Human Immunodeficiency Virus (HIV). If the Contractor is in receipt of a court order or other requests for the above-mentioned information, the Contractor shall immediately refer such court order or other requests to the VA CO for response.

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

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

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

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

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

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A Contractor/Subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees and subcontractors only to the extent necessary to perform the services specified in the solicitation or contract. This includes indirect entities, both affiliate of Contractor/Subcontractor and agent of Contractor/Subcontractor.

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

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

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

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

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

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

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

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

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

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

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

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

TRAINING

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

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

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

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

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

c. Failure to complete the mandatory annual training is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the required training is complete.

SECURITY INCIDENT INVESTIGATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

INFORMATION SYSTEM DESIGN AND DEVELOPMENT

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

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

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