P02 - PWS_VA Black Hills Health Care w-draft water mark.docx

PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF VETERANS AFFAIRS OIT, CCS, CNS, NEP, CPLS

Local Exchange Carrier (LEC) Service Date: 1/20/2026

PWS Version Number: 1.0

BACKGROUND

The Veterans Affairs (VA) Office of Information Technology (OIT), Connectivity and Collaboration Services (CCS), Core Network Services (CNS), Network Engineering & Provisioning (NEP), Core Provisioning, Local Services (CPLS) has the overall business and management responsibilities for all telephone services. CCS is currently responsible for the management of IT operational expenses for VA Medical Centers (VAMC), Veteran Outreach Centers, Community Based Outpatient Clinics (CBOC) Veterans Benefits and National Cemeteries, and other VA facilities across the Enterprise. The proposed project will allow OIT to centralize management of telephone services and accomplish its goal of reducing overall telecommunications expenses

APPLICABLE DOCUMENTS

In the performance of the tasks associated with this Performance Work Statement (PWS), the Contractor shall comply with the following:

1. 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA) of 2002”

2. Federal Information Processing Standards (FIPS) Publication 140-2, “Security Requirements for Cryptographic Modules”

3. FIPS Pub 201, “Personal Identity Verification of Federal Employees and Contractors,” March 2006

4. 10 U.S.C. § 2224, "Defense Information Assurance Program"

5. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

6. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

7. Department of Veterans Affairs (VA) Directive 0710, “Personnel Suitability and Security Program,” May 18, 2007

8. VA Directive 6102, “Internet/Intranet Services,” July 15, 2008

9. 36 C.F.R. Part 1194 “Electronic and Information Technology Accessibility Standards,” July 1, 2003

10. OMB Circular A-130, “Management of Federal Information Resources,” November 28, 2000

11. 32 C.F.R. Part 199, “Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)”

12. An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule, October 2008

13. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998

14. Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004

15. VA Directive 6500, “VA Cybersecurity Program”, February 24, 2021

16. VA Handbook 6500, “Risk Management Framework for VA Information Systems VA Information Security Program”, February 24, 2021

17. VA Handbook 6500.1, “Electronic Media Sanitization,” March 22, 2010

18. VA Handbook 6500.2, “Management of Security and Privacy Incidents,” June 17, 2008.

19. VA Handbook 6500.3, “Certification and Accreditation of VA Information Systems,” November 24, 2008.

20. VA Handbook, 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

21. VA Handbook 6500.6, “Contract Security,” March 12, 2010

22. Technical Reference Model (TRM) (reference at http://www.va.gov/trm/)

23. National Institute Standards and Technology (NIST) Special Publications

24. VA Directive 6508, VA Privacy Impact Assessment, October 3, 2008

25. VA Directive 6300, Records and Information Management, February 26, 2009

26. VA Handbook, 6300.1, Records Management Procedures, March 24, 2010

27. GAO-12-620R GAO's Work Related to the Interim Crosscutting Priority Goals under the GPRA Modernization Act, dated May 31,2012

28. 47 C.F.R. Part 64, Appendix A and B. Wireline telecommunications service priority system for national security and emergency preparedness.

SCOPE OF WORK

The Contractor shall provide LEC voice and data communications services at VA locations in South Dakota in accordance with Section 5.2. Voice and data services include but are not limited to: Plain Old Telephone Service (POTS) Line Flat Rate, Primary Rate Integrated (PRI) Services Digital Network (ISDN), Direct Inward Dialing (DID) for each line, and Caller ID on PRI. The VA must be listed and retained as the customer of record. Contractor must own the services/infrastructure being provided.

The long-distance carrier for all voice services must be Qwest Networx Primary inter- LATA Carrier (PIC/LPIC 0432) and frozen to only the specified long-distance carrier. Any identified billing charges or invoicing errors due to vendor's pic/lpic errors shall be the sole responsibility of the vendor to correct.

Contractor shall utilize the VA OB-10 system or an approved Electronic Data Interchange (EDI) software system to electronically submit invoices for processing. Invoices must contain the following items for them to be considered valid for payment:

Remittance POC Tax ID Number

If invoices do not comply with requirements they will be rejected and not paid. Invoices must be submitted on a monthly basis in arrears. Upon completion of the POP and the final invoices are paid Contractor must notify the Contracting Officer Representative (COR) and the Contracting Officer (CO) so the purchase order can be closed out.

All disconnect or discontinuations of service requests will stop billing within 30 days of the VA’s original requested date to the Contractor regardless of whether or not the Contractor has discontinued the service.

All VA accounts must be identified in their network as a Federal Government account and will not be subject to disconnect for any reason other than the Government requests that it be disconnected.

PERFORMANCE DETAILS

Contract type This is a Firm-Fixed-Price (FFP) contract.

Period of Performance The period of performance for the contract shall be twelve months from date of award with four (4) 12-month option periods. The specific period of performance is listed below:

Installation, maintenance, and/or disconnection of services shall commence between 8:00 AM to 4:30 PM, Monday through Friday, excluding Federal holidays. Work may be required outside of normal business hours due to system failures and other issues.

There are 11 Federal holidays set by law (USC Title 5 Section 6103) that VA follows:

If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

Place of performance

Hot Springs VAMC (VA Black Hills Health Care)

Pine Ridge Clinic (VA Black Hills Health Care) 1201 US Hwy 18 / 403 Veteran Avenue

Travel Contractor travel is not required for this contract.

SPECIFIC TASKS AND DELIVERABLES

Meeting requirements For successful management and contract surveillance, the following reviews are required.

Program progress reviews The Contractor shall conduct Program Progress Reviews (PPR) for Government personnel at a mutually agreeable facility (meeting can be virtual). The Contracting Officer (CO)/Contract Specialist (CS) or the Contracting Officer Representative (COR) will schedule the initial PPR. It is anticipated the first PPR will occur no later than 90 calendar days after the date of contract award. Thereafter, PPRs shall occur quarterly, for the life of the contract. During each PPR, the Contractor shall present material that addresses:

1. Status of current services

2. Activities determined to be of importance to VA, such as unanticipated problems

3. Status of significant issues

4. How issues are to be resolved by VA or Contractor

The Contractor shall produce and distribute the PPR meeting minutes identifying the key discussion points and action items. The Contractor shall deliver the PPR meeting minutes to the COR within five business days after the PPR.

Recurring voice services The Contractor shall provide LEC telecommunication voice services as listed in section

5.2.1. This is based on services currently in place and where commercially available.

Service types and features The Contractor shall provide the service types required as listed on the SDP.

Service types

5.2.1.1.1 Plain Old Telephone Service (POTS) Line Flat Rate

5.2.1.1.2 Primary Rate Integrated Services Digital Network (ISDN) (PRI)

5.2.1.1.3 Direct Inward Dialing (each line)

Service features Caller ID on PRI Local telecommunication features Features that are not commercially available must be noted in the response. This may include call forwarding, call waiting, voice mail, conference calling, and call blocking as examples.

Telecommunication availability The Contractor shall provide telecommunication services at the VA Clinics in South Dakota, 24 hours per day, seven days per week, 365 days per annum. The Contractor shall adhere to all Public Utilities Commission (PUC) Agreements that regulate the area of service. The PUC shall be the primary ombudsman for regulated services.

Government LEC services requirements and conditions may be more stringent than PUC regulations and both may apply. All Contractors and their subcontractors must be recognized and regulated by the PUC in the area that the Contractor offers service.

Rate and service schedules must comply with both Federal Communications Commission (FCC) and PUC rules. LEC service providers must have their own facilities in the network fully or in part. Best effort service shall not be accepted. The Government requires telephone service portability and that established telephone numbers be retained.

Telecommunications service priority The Contractor shall comply with the assignment of a Telecommunications Service Priority (TSP) to all circuits ordered. TSP is a program that authorizes National Security and Emergency Preparedness (NS/EP) organizations to receive priority treatment for vital voice and data circuits or other telecommunications services as a result of hurricanes, floods, earthquakes, and other natural or man-made disasters (see http://tsp.ncs.gov). The TSP Program requires service vendors to prioritize requests by identifying those services critical to NS/EP based on the Federal Communications Commission (FCC) mandate (REF: 88-341). A TSP assignment ensures that it shall receive priority attention by the service vendor before any and all non-TSP service. The Contractor shall ensure that the Department of Veterans Affairs is the customer of record.

E-911 PS/ALI availability The Contractor shall comply with all applicable local and FCC regulatory requirements including Local Number Portability (LNP), directory assistance, and emergency services (911 or E911) requirements to identify the location of an originating station and route them to the appropriate Public Safety Answering Point (PSAP).

Establishment of services The Contractor shall provide telecommunication services that are available 24 hours a day, 7 days a week, 365 days a year (to include all materials, equipment, and labor) for the locations specified in the PWS. Establishment of services includes all non-recurring charges specific to each facility. The Contractor shall seek permission via local Point of Contact (POC) to enter the Government facility for the purpose of installing, inspecting or repairing of the services/equipment, or upon termination of the service, for the purpose of removing Contractor services/equipment.

Requirements for access to VA facilities shall include the following:

1. Normal working hours at VA facilities are 8:00 AM to 4:30 PM except for the Network Operations Center (NOC) which is open 24/7. Overtime or access after normal administrative hours shall be coordinated and approved with each site.

2. Contractor Technicians shall require escorts for in-building work where security requirements dictate; a maximum of four (4) escorts will be provided at each VA location depending on staff availability. The intent is for escorts to be dedicated resources.

3. If work must be conducted after normal working hours, pre-notification must be given to VA Telecom Manager to coordinate VA escorts at a minimum of 48 hours in advance of technician arrival.

Service level agreement (SLA) The Contractor services shall conform to SLA parameters as defined in the following subtasks. This SLA shall apply from the Government Acceptance Date for the Service to the duration of the Service Term. Satellite, cellular, or other radio services shall not be an acceptable solution.

Contractor customer support

The Contractor shall provide technical help desk support. Technical help desk support is required 24 hours a day, 7 days a week, and 365 days year. A toll-free number shall be designated as the primary help number for VA to call to report a trouble ticket.

Automated answering or ticket automation service shall not be an acceptable solution. The Contractor’s customer service representative shall be located in the Continental United States (CONUS) and also be fluent in spoken and written English. A Trouble Ticket is the method used by the Government to advise the Help Desk of a perceived fault, including a Service Outage or a failure to meet an SLA. A unique Trouble Ticket reference number shall be given to the Government representative and also used each time the Government calls in to the Help Desk for any fault update or, if appropriate, to inform the Contractor of restoration of the service.

Mean time to repair (MTTR) MTTR is the average time for the Contractor to restore the service during a service outage in a billing month. The SLA for MTTR shall be four (4) hours for outage and 72 hours for service degraded. The Contractor shall provide technical support/resolution during established business hours to assist VA with issues pertaining to the LEC Services in Section 5.4.1. MTTR times begin when the Contractor receives a support request from VA. The Contractor shall respond to VA’s support requests according to the following fault classifications.

Priority 1– service outage A Service Outage is defined as an unscheduled period in which the service is interrupted and unavailable for use by Customer for 60 or more Unavailable Seconds within a 15-minute period. This includes a business impacting function or service is not available such as loss of dial tone, inability to dial 911, or inability to receive a call on the circuit due to service outages. This shall include total loss of service, or the service is degraded to the extent where the Government is unable to use it. This shall include the inability to receive or transmit data or access critical medical systems due to circuit impairment. The Contractor shall respond to all Service outages within four hours.

Notifications shall be provided to VA local POC every business day via telephone until restored. The fault shall not return for seven calendar days, or it shall be considered a continuation of the original service impact.

Priority 2– service degraded Service degraded means VA’s workflow is not seriously affected or limited. The Contractor repair technician shall respond to all Service degraded reports within four hours. Status notifications shall be provided to VA local POC every business day via telephone until restored. The fault shall not return for 30 calendar days, or it shall be considered a continuation of the original fault.

Exclusions During scheduled maintenance of the LEC Service, the Contractor shall notify VA within three business days of the maintenance window and describe in detail how long and to what level degraded service is to be expected. The Contractor shall obtain approval in advance from the appropriate VA POC before scheduled maintenance occurs. The voice service shall not be considered to be unavailable for any outage that results from any maintenance performed by the Contractor as defined by the following three exceptions:

1. VA is notified at least three (3) business days in advance of outage or service degradation;

2. During the installation period; or

3. Trouble beyond the demarcation point or Network Interface (NI) not caused by the Contractor.

Maintenance Performance The Contractor shall obtain the approval of the VA Facility Telecommunications Manager (TM) prior to starting any work that will cause a service outage (refer to PWS Section 5.4.2.1). The Contractor shall notify the COR and VA Facility TM, if work needs to be performed outside of normal business hours, a minimum of three business days before the work is to begin (except in the case of Trouble Ticket repair). The Contractor shall receive approval from the VA Facility TM prior to commencement of either intrusive testing or contractor actions which may affect service quality.

Service charges for trouble beyond the demarcation point not caused by the Contractor (refer to PWS Section 5.4.2.1) shall be charged to the Government at the rates established by the State PUC. These charges may include a Trouble Isolation Charge (TIC) as well as charges for time or materials for the purpose of reestablishing the service or clearing the fault.

The Contractor shall clean up all work areas immediately after completing work in VA facilities, including removal and disposal of defective equipment. The contractor shall turn in to VA any equipment removed that is capable of storing VA information at the end of each work day. The Contractor shall place fire-stop materials in conduits and pathways during an installation. Fire-Stop materials must be previously approved by local electrical and building codes. The Contractor shall notify VA when any service request, repair, or maintenance is completed. Notification shall be by telephone call or email to the VA local technical contact. The service request, repair, or maintenance is not considered complete until a VA Facility Chief Information Officer (CIO) or designee confirms that the completion of service is acceptable.

Account records and reporting The Contractor shall provide VA access to customer support and service records. The Contractor shall maintain accurate customer service records. Customer Service Records shall be aggregated by service delivery point with an itemized list of service types provided. Customer Service Records (CSR), the price associated with each service, shall be organized by VA parent facility. All data must have the ability for Electronic Data Interchange (EDI) in a variety of formats, i.e., MS Word, MS Excel, extensible markup language (XML), or other standard formats such as flat-files or text files. The report shall be delivered to the COR or designee by email on or about the same time every month.

GENERAL REQUIREMENTS

Position/task risk designation level(s) and contractor personnel security requirements The Contractor(s) shall comply with all personnel security requirements included in this contract and local level organization security requirements described in each individual task order. All Contractor personnel who require access to VA computer systems shall be subject to background investigations and must receive a favorable background investigation from VA.

The position/task sensitivity risk designation is Low, and level of background investigation is none. 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”.

OIT requires all contractor staff to be escorted at all times by an OIT representative and as such the Contractor staff do not require background investigation as they will not be badged by the VA.

The Contractor shall be responsible for the actions of all personnel provided to work for VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor shall be responsible for all resources necessary to remedy the incident.

Method and distribution of deliverables The Contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include: Microsoft (MS) Word 2000/2003/2007/2010, MS Excel 2000/2003/2007/2010, MS PowerPoint 2000/2003/2007/2010, MS Project 2000/2003/2007/2010, MS Access 2000/2003/2007/2010, MS Visio 2000/2002/2003/2007/2010, AutoCAD 2002/2004/2007/2010, and Adobe Postscript Data Format (PDF).

Performance metrics The table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort.

Account Management Complete visibility and access to all accounts provided to VA-only, password protected, web-based management portal

100% of the time

VA Directive 710 (6.1.1) The Contractor(s) shall comply with all personnel security requirements included in this contract and local level organization security requirements described in each individual task order. Contractor Technicians will require escorts in VA facilities in accordance with Section 2.h (6) of VA Directive 0710

100% of the time

Facility/resource provisions The Contractor shall contact the COR for Government documentation needed and which is not available by other means.

The Contractor shall not transmit, store or otherwise maintain sensitive data or products in Contractor systems (or media) within the VA firewall IAW VA Handbook 6500.6 dated March 12, 2010. All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO)’s for all systems/LAN’s accessed while performing the tasks detailed in this PWS. For detailed Security and Privacy Requirements refer to ADDENDUM A and ADDENDUM B.

Government furnished information Government site plans, manuals, and drawings are not applicable to this acquisition.

ACRONYMS

The following is a list of acronyms that may be found in this document:

BRI – Basic Rate Interface CLEC – Competitive Local Exchange Carrier CIO – Chief Information Officer DVA – Department of Veterans Affairs FBO – Federal Business Opportunities FFP – Firm Fixed Price FY – Fiscal Year GFE – Government Furnished Equipment ILEC – Incumbent Local Exchange Carrier ISDN – Integrated Services Digital Network IT – Information Technology LEC – Local Exchange Carrier LOA – Letter of Authorization LPTA – Lowest Price Technically Acceptable MRC – Monthly Recurring Charges OEC – Office of Enterprise Communications OIT – Office of Information Technology POP – Period of Performance PIC – Primary Interexchange Carrier PRI – Primary Rate ISDN PUC Public Utilities Commission PWS – Performance Work Statement QOS – Quality of Service RFI – Request for Information RFQ – Request for Quote ROI – Return on Investment

SDP – Service Delivery Point SLA – Service Level Agreement TO – Task Order TBO – Telecommunications Business Office TEM – Telecommunications Expense Management TSP – Telecommunications Service Priority TTU – Test and Turn Up VA – Veterans Affairs VoIP – Voice over Internet Protocol

ADDENDUM A

A1.0 Cyber and Information Security Requirements for VA IT Services The Contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard PWS language, conditions, laws, and regulations. The Contractor’s firewall and web server shall meet or exceed VA minimum requirements for security. All VA data shall be protected behind an approved firewall. All security violations or attempted violations shall be reported to the VA Program Manager and VA Information Security Officer as soon as possible. The Contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification and accreditation.

Contractor supplied equipment, PCs of all types, equipment with hard drives, or other technology items for contract services must meet all security requirements that apply to Government Furnished Equipment (GFE) and Government Owned Equipment (GOE). Security Requirements include a) VA Approved Encryption Software must be installed on all laptops or mobile devices before placed into operation, b) Bluetooth equipped devices are prohibited within VA; Bluetooth must be permanently disabled or removed from the device, c) VA approved anti-virus and firewall software, d) Equipment must meet all VA sanitization requirements and procedures before disposal. The COR, CO, the Project Manager, and the Information Security Officer (ISO) must be notified and verify all security requirements have been adhered to.

Each documented initiative under this contract incorporates the VA Handbook 6500.6, “Contract Security,” March 12, 2010, by reference as though fully set forth therein. The VA Handbook 6500.6, “Contract Security” shall also be included in every related agreement, contract, or order. The VA Handbook 6500.6, Appendix C, is included in this document as Addendum B.

Training requirements: The Contractor shall complete all mandatory training courses on the current VA training site, the VA Talent Management System (TMS), and will be tracked therein. The TMS may be accessed at https://www.tms.va.gov. If you do not have a TMS profile, go to https://www.tms.va.gov and click on the “Create New User” link on the TMS to gain access.

Contractor employees shall complete a VA Systems Access Agreement if they are provided access privileges as an authorized user of the computer system of VA.

A2.0 VA Enterprise Architecture Compliance

The applications, supplies, and services furnished under this contract must comply with One-VA Enterprise Architecture (EA), available at http://www.ea.oit.va.gov/index.asp in force at the time of issuance of this contract, including the Program Management Plan and VA's rules, standards, and guidelines in the Technical Reference Model/Standards Profile (TRMSP). The VA reserves the right to assess contract deliverables for EA compliance prior to acceptance.

A2.1. VA Internet and Intranet Standards:

The Contractor shall adhere to and comply with VA Directive 6102 and VA Handbook 6102, Internet/Intranet Services, including applicable amendments and changes, if the Contractor’s work includes managing, maintaining, establishing, and presenting information on VA’s Internet/Intranet Service Sites. This pertains but is not limited to creating announcements; collecting information; databases to be accessed, graphics and links to external sites.

Internet/Intranet Services Directive 6102 is posted at (copy and paste the following URL to browser): http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=409&FType=2 Internet/Intranet Services Handbook 6102 is posted at (copy and paste following URL to browser): http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=410&FType=2 A3.0 Notice of the Federal Accessibility Law Affecting All Electronic and Information Technology Procurements (Section 508) On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

A3.1 Section 508 – Information and Communication Technology (ICT) Standards:

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

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

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

☒E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines) ☒E204 Functional Performance Criteria

☒E206 Hardware Requirements ☒E207 Software Requirements ☒E208 Support Documentation and Services Requirements

A3.2 Compatibility 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.

A3.3 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.

A4.0 Physical Security & Safety Requirements:

The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws, and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law.

1. The Contractor and their personnel shall wear visible identification at all times while they are on the premises.

2. The VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. The VA will not invalidate or make reimbursement for parking violations of the Contractor.

3. Smoking is prohibited inside/outside any building other than the designated smoking areas.

4. Possession of weapons is prohibited.

5. The Contractor shall obtain all necessary licenses and/or permits required to perform the work, with the exception of software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

A5.0 Confidentiality and Non-Disclosure The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations.

The Contractor may have access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”). Pursuant to the Privacy and Security Rules, the Contractor must agree in writing to certain mandatory provisions regarding the use and disclosure of PHI and EPHI.

1. The Contractor shall have access to some privileged and confidential materials of VA. These printed and electronic documents are for internal use only, are not to be copied or released without permission, and remain the sole property of VA. Some of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

2. The VA Contracting Officer will be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the VA Contracting Officer for response.

3. Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices.

4. Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the VA Contracting Officer.

5. Contractor shall train all of their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone.

6. Contractor shall maintain physical security at all facilities housing the activities performed under this contract, including any Contractor facilities according to VA-approved guidelines and directives. The Contractor shall ensure that security procedures are defined and enforced to ensure all personnel who are provided access to patient data must comply with published procedures to protect the privacy and confidentiality of such information as required by VA.

7. Contractor must adhere to the following:

a. The use of “thumb drives” or any other medium for transport of information is expressly prohibited.

b. Controlled access to system and security software and documentation.

c. Recording, monitoring, and control of passwords and privileges.

d. All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.

VA, as well as any Contractor (or Subcontractor) systems used to support development, provide the capability to cancel immediately all access privileges and authorizations upon employee termination.

e. Contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination.

f. Acquisition sensitive information shall be marked "Acquisition Sensitive" and shall be handled as "For Official Use Only (FOUO)".

g. Contractor does not require access to classified data.

8. Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to strictly avoid any conflict of interest or even the appearance of a conflict of interest in VA/Contractor relationships.

ADDENDUM B

APPLICABLE PARAGRAPHS TAILORED FROM: THE VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE, VA HANDBOOK 6500.6, APPENDIX C, APRIL 22, 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS. This section applies when any person requires access to 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.

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

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

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

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

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

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

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

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

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

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

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

f. In such cases of contract fulfillment, termination, or other causes; the contractor shall take the necessary measures to immediately revoke access to VA network, property, information, and information systems (logical and physical) by…