PWS_FSC ASL Interpreter Services.pdf

PerformanceWorkStatementTemplate_JUL_21_2021

PERFORMANCE WORK STATEMENT (PWS)

DEPARTMENT OF VETERANS AFFAIRS

Financial Services Center

American Sign Language Translation Interpreter Services

Date: October 30, 2024

VA-25-00035633

PWS Version Number: 1.0

<VA-25-00035633>

Contents

1.0 BACKGROUND .................................................... Error! Bookmark not defined.

2.0 APPLICABLE DOCUMENTS................................ Error! Bookmark not defined.

3.0 SCOPE OF WORK ............................................... Error! Bookmark not defined.

4.0 INTERPRETER QUALIFICATIONS ..................... Error! Bookmark not defined.

5.0 SPECIFIC TASK ................................................... Error! Bookmark not defined.

6.0 PERFORMANCE DETAILS .................................. Error! Bookmark not defined.

6.1 PERFORMANCE PERIOD................................. Error! Bookmark not defined.

6.2 PLACE OF PERFORMANCE ............................. Error! Bookmark not defined.

6.3 TRAVEL ............................................................. Error! Bookmark not defined.

6.4 INVOICES .......................................................... Error! Bookmark not defined.

7.0 SCHEDULE OF DELIVERABLES ........................ Error! Bookmark not defined.

8.0 GENERAL REQUIREMENTS ............................... Error! Bookmark not defined.

8.1 SECURITY AND PRIVACY REQUIREMENTS .. Error! Bookmark not defined.

8.1.1 POSITION/TASK RISK DESIGNATION LEVEL(S) .... Error! Bookmark not defined.

8.1.2 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS ........... Error!

Bookmark not defined.

8.2 PERFORMANCE METRICS .............................. Error! Bookmark not defined.

8.3 FACILITY/RESOURCE PROVISIONS ............... Error! Bookmark not defined.

8.4 GOVERNMENT FURNISHED PROPERTY

8.5 NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS………...11

1.0 BACKGROUND

The Department of Veterans Affairs (VA), Financial Services Center (FSC) is a Franchise Fund site authorized pursuant to the Government Management Reform Act of 1994 (Public Law 103-356). The Act authorizes designated agencies to provide certain common administrative support services on a reimbursable basis both internally and to other Government agencies. In 2006, permanent status was conferred upon the VA Franchise Fund under the Military Quality of Life and Veterans Affairs Appropriations Act 2006, (Public Law 109-114). Consequently, FSC receives no federally appropriated funding and is required to market FSC services to customers. In order to support our mission, FSC has a requirement for a deaf and/or hearing-impaired interpreter.

FSC has a nonpersonal services requirement for interpretation services on an as-needed basis for one or more deaf and/or hearing-impaired employees.

2.0 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. 10 U.S.C. § 2224, Defense Information Assurance Program

3. 5 U.S.C. § 552a, as amended, The Privacy Act of 1974

4. 42 U.S.C. § 2000d Title VI of the Civil Rights Act of 1964

5. VA Directive 0710, Personnel Security and Suitability Program, June 4, 2010, http://www.va.gov/vapubs/

6. VA Handbook 0710, Personnel Security and Suitability Security Program, May 2, 2016, http://www.va.gov/vapubs

7. Office of Management and Budget (OMB) Circular A-130, Managing

Federal Information as a Strategic Resource, July 28, 2016

8. VA Directive 6500, Managing Information Security Risk: VA Information

Security Program, September 20, 2012

9. VA Handbook 6500.6, Contract Security, March 12, 2010

10. VA Handbook 6500.2, Management of Breaches Involving Sensitive Personal Information (SPI), July 28, 2016

11. VA Handbook 6500.6, Contract Security, March 12, 2010

12. VA Handbook 6510, VA Identity and Access Management, January 15,

13. VA Directive 6300, Records and Information Management, September 21,

14. VA Handbook, 6300.1, Records Management Procedures, March 24,

15. Social Security Number (SSN) Fraud Prevention Act of 2017 http://www.va.gov/vapubs/ http://www.va.gov/vapubs http://www.va.gov/vapubs

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

17. 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)

18. Title 38 U.S.C. §5705, Confidentiality of medical quality-assurance records

19. Title 38 U.S.C. §7332, Confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus

3.0 SCOPE OF WORK

The contractor shall provide all necessary personnel, equipment (including but not limited to, captioning software and laptop, as requested on an as-needed basis), and materials to perform the work described in the PWS. The services required include:

1. Oral spoken English into signed English and American Sign Language (ASL)

2. Pidgin Signed English (PSE)

3. Oral with sign or ASL (in reverse) back to oral English

The Government reserves the right to videotape the signing and use as deemed necessary.

A sample list of onsite interpreting events is listed below and is subject to change depending on the FSC requirements:

• Staff meetings

• Commemorative programs

• Award ceremonies

• Safety talks

• On-the-job training (OJT)

• Committee meetings

• Discussions on work procedures, policies, or assignments for formal and informal settings

• Special event programs

• Mid-year performance discussions, annual performance appraisals, disciplinary discussions

• Basic staff training, classroom training, formal training,

• Interviews

• All-hands meetings

4.0 INTERPRETER QUALIFICATIONS

The certifications required include:

All interpreters shall have a certification obtained from a recognized certifying organization. Certification for interpreter providers must be obtained from organizations such as the Registry of Interpreters for the Deaf (RID), National Interpreter Certification (NIC), NIC Advanced, NIC Master, Certificate of Interpretation (CI), Certificate of Transliteration (CT), CI/CT, Certified Deaf Interpreter (CDI), or Comprehensive Skills Certificate (CSC), the National Association of the Deaf (NAD), or a recognized state agency. Interpreters shall have, at a minimum, a proficiency level of III. All interpreters shall conduct themselves according to the National Association of the Deaf (NAD) and/or RID Code of Ethics.

Interpreter(s) shall be dressed in business attire. It is understood that the interpreter(s) shall not act as an agent or employee of the Federal Government or FSC. The interpreter(s) shall not discuss personal business or distribute personal business cards or promotion of personal “cause” while on assignment in order to develop clientele from assignments originating from the Federal Government or FSC. The interpreter(s) shall adhere to the Federal Government’s rules of protocol, ethics, procedures, and professionalism while on assignment at FSC. Any professional conduct in question warrants an immediate review at the discretion of the contracting officer representative (COR) and the contracting officer.

The COR or designee will contact the contractor's point of contact (POC) primarily using the contractor’s online reservation portal for any RSVPs, changes, or cancellations. A follow-up email, call, or fax may be needed to expedite or clarify certain services or make special requests. Submissions for service made by the end user will also have to be sent to the COR assigned for oversight purposes.

5.0 SPECIFIC TASKS

The contractor shall provide interpreter services for requests received at least 48 hours in advance. Upon receipt of the request, the contractor shall provide to the COR and requestor in writing via e-mail receipt confirmation within 24 hours of receipt of the request. The name of the assigned interpreter(s) shall be provided to the COR and requestor in writing via e-mail no later than 24 hours prior to the start of the assignment.

If, however, the Government should require interpreter services with less than 2 days’ notice, the contractor shall attempt to provide an interpreter if possible. The Government understands that the contractor may not always be able to comply with short-notice requests. The inability to fill a short-notice request will not be held adversely toward contractor performance. The contractor’s acceptance must be given within two (2) business hours of the time the request was placed during FSC’s business days. If the contractor fails to accept within the time specified, the Government will consider the assignment refused. If the contractor accepts the request, the agency shall be billed at the hourly rate established.

Sessions shall be scheduled for a timeframe, but the minimum reservation will be one hour. Sessions shall be invoiced as follow:

Duration (hours) Interpreters (#)

1 1

1.25 1

1.5 2

2 2

3 2

5 2

1 (high-tech, high-profile, many deaf)

The contractor and its interpreter(s) shall keep all assignments. Canceled assignments are not tolerated. If the scheduled interpreter(s) cancels an assignment, the contractor shall provide a substitute interpreter(s) and notify the COR or designee within 24 hours.

If the contractor is not able to provide an interpreter(s), the contractor shall notify the COR or designee. If the contractor’s interpreter does not meet qualifications or fails to appear at the event location within twenty (20) minutes of the scheduled assignment start time, the assignment shall be canceled. The Government shall not incur any charges associated with such cancellations. Interpreters must arrive in time to be at the designated assignment at the determined start time. The interpreter must allow sufficient lead time prior to the assignment start time to enter the secured grounds, park, be assigned an access badge, and be escorted to the assignment location within the facility (approximately 15 minutes). Additional time may be needed on each interpreters first assignment in order to allow time for initial paperwork.

Special security requirements for entering FSC grounds:

• All visitors must carry a valid state or Federal Government-issued identification card to receive a guest badge. A red guest badge indicates a Government escort is required at all times while inside the facility.

• All vehicles entering FSC’s secure grounds must be driven by a driver possessing a valid driver’s license and the vehicle shall have current insurance and registration.

The Government may cancel the services no less than 24 hours before the scheduled appointment without penalty or charges assessed. If the contractor is notified of a cancellation less than 24 hours prior to the scheduled assignment but before the interpreter(s) arrive on site, the contractor may invoice for two (2) hours maximum. If upon arrival to the assignment the service is no longer required or the assignment ends early, the interpreter(s) shall notify the COR or designee. If the interpreter(s) cannot reach the COR or designee and the originally scheduled time expires or the 2-hour minimum passed (whichever occurs first), the interpreter may leave and the contractor may invoice for a 2-hour minimum. The 2-hour minimum applies to assignments scheduled for less than 2 hours.

Assignments lasting more than 2 hours shall be invoiced in quarter (¼)-hour increments for the actual duration of the assignment, not the estimated duration requested by the COR or designee when coordinating and scheduling the request.

The assignment is considered complete when the latter of the following occurs:

1.) Conclusion of event equals or exceeds the estimated duration specified when scheduling the request.

2.) The COR or designee releases the interpreter(s).

For any assignment over 6 hours in duration and lunch breaks are offered during the assignment(s) for deaf and/or hearing-impaired employee(s), the same time for lunch breaks apply to the interpreter(s) and shall be included within the assignment(s) as paid time. Otherwise, time taken for meals shall not be billed. Other breaks are billable.

6.0 PERFORMANCE DETAILS

The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS.

The contractor shall observe the following performance parameters:

6.1 PERFORMANCE PERIOD

The period of performance shall be October 1, 2025, through September 30, 2026, with four (4) 12-month option years.

Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the contracting officer (CO).

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

Under current definitions, five are set by date:

New Year's Day January 1 Juneteenth June 19 Independence Day July 4 Veterans Day November 11 Christmas Day December 25

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.

The other six are set by a day of the week and month:

Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November

Inclement weather, emergency, or unscheduled closure: Interpreters will not report to an assignment if the Federal Government is closed due to inclement weather, emergency, or in the event of an unscheduled closure. No cancellation fee or charges shall be assessed. The contractor will not bill the Government for interpreter service hours when the Government is closed due to inclement weather or emergency. Delay and closure information status can be found at http://www.fsc.va.gov/fsc/index.asp. In addition, the contractor point of contact (POC) may call the number for centerwide information at

(512) 460-5645 or toll-free at 1-866-372-1145 for delay or closure status.

6.2 PLACE OF PERFORMANCE

Work under this PWS shall be performed at FSC, located at 8000 Metropolis Drive, Building B, Austin, TX, 78744, and on rare occasions at another location as determined by the Government. The COR or the end user requesting the service will give explicit instructions as to where and when the services will be required. Services will need to be performed in offices, training rooms, auditoriums, and conference rooms.

6.3 TRAVEL

Travel is not anticipated and will not be reimbursed.

6.4 INVOICES

The contractor shall provide monthly invoices by email to the COR for review and concurrence before submitting the invoice for reimbursement. The invoice shall detail the dates and times the services were performed and the total value. Once the invoice is approved it shall be submitted via Tungsten for processing.

7.0 SCHEDULE OF DELIVERABLES

Task Deliverable Description

Interpreter services Contact with COR or designee at each visit

Inspection: Random Acceptance: At task completion

8.0 GENERAL REQUIREMENTS

8.1 SECURITY AND PRIVACY REQUIREMENTS

8.1.1 POSITION/TASK RISK DESIGNATION LEVEL(S)

The VA FSC is a secure facility located in Austin, Texas. Individuals providing interpreter services will not be processed for Government PIV badges and will not receive access to VA networks. The VA FSC facility has secure access control;

therefore, the interpreter will need to clear security and receive a visitor’s badge. The interpreter will receive an escorted visitor’s badge from security and will be escorted by a VA FSC employee while in the facility. Under no circumstances will the interpreter be able to freely roam or leave the FSC or area work is being performed if provided an escorted visitor’s badge.

Vehicle operators must comply with the motor vehicle laws set forth by the State of Texas. In order to operate (and park on GSA property), vehicle operators must possess a valid driver’s license, valid vehicle registration, and proof of insurance. As such, upon arrival of the interpreter to the VA FSC facility, entry control security guards will request photo identification (driver’s license), proof of vehicle insurance, check the vehicle’s registration, and direct personnel to the visitor parking.

C&A requirements do not apply, and a security accreditation package is not required.

8.1.2 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

Contractor Responsibilities:

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

b. The contractor shall bear the expense of obtaining local background investigations.

c. The contractor shall be responsible for all the actions of all personnel provided to work for the 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.

d. Failure to comply with the contractor personnel security investigative requirements may result in negative feedback in the contractor’s performance evaluation. The contractor shall provide a remediation plan.

e. All contractor employees working on this contract shall sign a certificate of nondisclosure prior to performing any work on their first assignment.

f. All contractor employees working on this contract shall complete the VA Privacy and Information Security Awareness and Rules of Behavior training course (TMS 10176), relating to access to VA information and information systems (see B9.0 Training) prior to performing any work on their first assignment. This is an annual requirement.

8.2 PERFORMANCE METRICS

The table below defines the performance standards and acceptable levels of performance associated with this effort.

Performance Objectives

Required Service Acceptable Performance Levels

Impact

On-Time Deliverables

The contractor shall be responsible for delivering a series of deliverables in accordance with the schedule outlined in this task order

95% on-time delivery (unless the Government causes delay)

The contractor’s failure to meet this performance standard may result in negative feedback in the contractor’s performance evaluation. For every 1% below the 95% standard, the contractor will be deducted 10% of the deliverable cost.

Project Staffing Contactor personnel shall possess the necessary knowledge, skills, and abilities to perform all required tasks. Interpreters shall be provided as outlined in the PWS.

98% The contractor’s failure to meet this performance standard may result in negative feedback in the contractor’s performance evaluation. The CO may authenticate certification and education requirements in Section 4.0. The CO has the right to refuse contractor staff based upon false credentials at anytime during the performance of the contract. For every 1% below this 98% standard, the contractor shall provide a remediation plan.

Timely Conflict Resolution

The contractor shall notify the Government of any problems, disputes, or other conflicts involving or affecting performance within one (1) business day.

98% of conflicts are acknowledged within one (1) business day (unless the Government causes delay)

The contractor’s failure to meet this performance standard may result in negative feedback in the contractor’s performance evaluation. If contractor performance falls below this 98% standard, the contractor shall provide a remediation plan.

Onsite Security The contractor shall adhere to FSC security badging controls. A contractor issued a red, escorted visitor’s badge will be escorted at all times while onsite.

No exceptions The contractor’s failure to meet this performance standard may result in negative feedback in the contractor’s performance evaluation. The contractor shall provide a remediation plan.

Surveillance: The COR will evaluate the performance objectives through periodic inspections during each service month.

Standard: The contractor shall perform all work required in a satisfactory manner in accordance with the appropriate PWS paragraph.

Procedures: The Government will inspect all performance objectives and ensure contractor compliance with the appropriate paragraphs of the PWS. The contractor will record the monthly results of the inspection, noting the date and time of the inspection.

If the inspection indicates unacceptable performance, the project manager (PM) will be notified of the deficiencies for correction. The contractor shall be given five (5) business days after notification to correct the unacceptable performance; the COR may approve additional time if the COR considers additional time appropriate. If deficiencies are not corrected within the required timeframe the COR shall notify the CO.

The contractor shall notify the Government of any problems, disputes, or other conflicts involving or affecting performance within one (1) business day.

The Government will utilize a quality assurance surveillance plan (QASP) throughout the life of the contract to ensure that the contractor is performing the services required by this PWS in an acceptable manner. The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion.

8.3 FACILITY/RESOURCE PROVISIONS

All procedural guides, reference materials, and program documentation for the project and other Government applications will be provided on an as-needed basis.

The contractor shall request other Government documentation deemed pertinent to the work accomplishment directly from the Government officials with whom the contractor has contact. The contractor shall consider the COR as the final source for needed Government documentation when the contractor fails to secure the documents by other means. The contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials pertinent to the work.

All VA-sensitive information shall be protected at all times in accordance with local security field office system security plans (SSPs) and authority to operate (ATO) for all systems/LANs accessed while performing the tasks detailed in this PWS. For detailed security and privacy requirements refer to ADDENDUM A and ADDENDUM B.

8.4 GOVERNMENT-FURNISHED PROPERTY

Not Applicable

8.5. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

A. Applicability

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

B. Definitions

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

The term “Federal record”:

1. includes FSC records;

2. does not include personal materials;

3. applies to records created, received, or maintained by contractors pursuant to their FSC contract;

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. The contractor shall comply with all applicable records management laws and regulations, as well as NARA records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

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

4. FSC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of FSC or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the head of the contracting activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the contractor must report the event to the FSC. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The contractor shall immediately notify the appropriate CO upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract vehicle.

The contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the head of the contracting activity. When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to FSC control or the contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the CO or address prescribed in the contract vehicle. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The contractor is required to obtain the CO’s approval prior to engaging in any contractual relationship (subcontractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The contractor (and any subcontractor) is required to abide by Government and FSC guidance for protecting sensitive, proprietary, classified, and controlled unclassified information.

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

8. The contractor shall not create or maintain any records containing any nonpublic FSC information that are not specifically tied to or authorized by the contract.

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

10. The FSC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which FSC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

Any contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take FSC-provided records management training. The contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. Per the Privacy Officer, each interpreter must complete the annual Rules of Behavior (ROB) training.

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

D. Flowdown of requirements to subcontractors

1. The contractor shall incorporate the substance of this clause, its terms, and requirements (including this paragraph) in all subcontracts under this contract vehicle, and require written subcontractor acknowledgment of the same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

A1.0 Confidentiality and Nondisclosure

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 will have access to some privileged and confidential VA materials. 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 materials covered by the Privacy Act of 1974 or Title 38 is a criminal offense.

2. The VA CO 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 CO for response.

3. Contractor personnel recognize that in the performance of this effort, they 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. The 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. The 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 of this contract, the contractor has a responsibility to ask the VA CO.

5. The 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. The 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 comply with published procedures to protect the privacy and confidentiality of such information as required by the VA.

7. All contractor employees working on this contract shall sign a certificate of nondisclosure prior to performing any work on their first assignment.

8. The contractor must adhere to the following:

a. The use of “thumb drives” or any other medium for the 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;

e. 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;

f. The contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination;

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

h. The contractor does not require access to classified data.

9. 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.

10. VA Form 0752, Confidentiality of Sensitive Information Nondisclosure Agreement, shall be completed by all contractor employees working on this contract and shall be provided to the CO before any work is performed. In the case that contractor personnel are replaced in the future, their replacements shall complete VA Form 0752 prior to beginning work.

ADDENDUM B – VA INFORMATION AND INFORMATION SYSTEM

SECURITY/PRIVACY LANGUAGE

APPLICABLE PARAGRAPHS TAILORED FROM: THE VA INFORMATION AND

INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE, VA HANDBOOK

6500.6, APPENDIX C, MARCH 12, 2010

B1. GENERAL

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

B2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

c. Contract personnel who require access to national security programs must have a valid security clearance. The National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The VA does not have a memorandum of agreement with the Defense Security Service (DSS). Verification of a security clearance must be processed through the special security officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policies or mandates (e.g. Business Associate Agreement, Section 3G), the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the CO immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ.

B3. VA INFORMATION CUSTODIAL LANGUAGE

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

2. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA information is returned to the VA or destroyed in accordance with the VA’s sanitization requirements. The VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

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

4. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose, and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations, and policies become applicable to VA information or information systems after execution of the contract, or if the National Institute of Standards and Technology

(NIST) issues or updates applicable Federal Information Processing Standards (FIPS) or special publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.

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

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

7. If a Veterans Health Administration (VHA) contract is terminated for cause, the associated business associate agreement (BAA) must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.05, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

9. The contractor/subcontractor’s firewall and web services security controls, if applicable, shall meet or exceed VA minimum requirements. VA configuration guidelines are available upon request.

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

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

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

B4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

1. Information systems that are designed or developed for or on behalf of the VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C; information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with the implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference VA Handbook 6500, Risk Management Framework for VA Information Systems – Tier 3: VA Information Security Program, and the TIC Reference Architecture). During the development cycle, a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6508, Implementation of Privacy Threshold Analysis and Privacy Impact Assessment.

2. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC) and the common security configuration guidelines provided by NIST or VA. This includes Internet Explorer 11 configured to operate on Windows 10 and future versions, as required.

3. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA-approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

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

5. The security controls must be designed, developed, approved by the VA, and implemented in accordance with the provisions of the VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Risk Management Framework for VA Information Systems – Tier 3: VA Information Security

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

6. The contractor/subcontractor is required to design, develop, or operate a system of records notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974 (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C.

552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

7. The contractor/subcontractor agrees to:

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

i. The SOR; and

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

b. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of an SOR on individuals that is subject to the Privacy Act; and

c. Include this Privacy Act clause, including this subparagraph (c), in all subcontracts awarded under this contract that require the design, development, or operation of such an SOR.

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

a. “Operation of a system of records” means the performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

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

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

9. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods.

This includes, but is not limited to workarounds, patches, hot fixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including operating systems and firmware. The vendor shall ensure that Security Fixes do not negatively impact the Systems.

10. The vendor shall notify VA immediately upon discovery, or within an hour of…