RFQ 1449 36C26326Q0099 Statement of Conditions Iowa City VA.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

636-26-1-8862-0001

36C26326Q0099 10-31-2025

Joseph Bennett 319-688-3633 11-10-2025

12:00 PM CST

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

1303 5TH STREET, SUITE 300

CORALVILLE IA 52241

X 100

X

541350

$11.5 Million

N/A

X

36C263

Iowa City VA Health Care System

601 Highway 6 West

Iowa City IA 52246

36C263

NETWORK CONTRACTING OFFICE 23

1303 5TH STREET, SUITE 300

CORALVILLE IA 52241

FMS-VA-2(101)

FINANCIAL SERVICES CENTER

SEE CONTRACT ADMINISTRATION DATA PAGE

See CONTINUATION Page

Request for Quote for Statement of Conditions, Life Safety

Evaluations Contract for the Iowa City VA Medical Center

Base year 4 Option Years

POP:

Base Year: 11/15/2025 - 11/14/2026

Option Year1 : 11/15/2026 - 11/14/2027

Option Year 2: 11/15/2027 - 11/14/2028

Option Year 3: 11/15/2028 - 11/14/2029

Option Year 4: 11/15/2029 - 11/14/2030

See Continuation Page below, for more details.

See CONTINUATION Page

636-3660162-8862-850300-2580-0400401X1

X X

Joseph Bennett

VA-VHA-RPOC-2024-0088

CONTINUATION PAGE

Quote Submission

a. All questions shall be received no later than 12:00 PM Wednesday, November 5, 2025

b. All quotes shall be received no later than 12:00 PM Monday, November 10, 2025.

c. The Subject Line of the Email shall contain: RFQ 36C26326Q0099

d. All emails shall be sent to: Joseph.Bennett@va.gov

This solicitation is issued under FAR 12 Commercial & FAR 13 Simplified Acquisition Procedures.

The Government intends to award without Discussions.

Options will be evaluated at the time of award.

The Contract will be: Single Award, Firm Fixed Price, Base + 4 Option Years.

Late offers will be treated according to 52.212-1 Instructions to Offerors.

Offerors are required to be registered in SAM when submitting a quote and at time of award.

ATTACHMENTS – all apply:

VAAR 852.219-75 Limitations on Subcontracting - Services and Construction JAN 2023 Deviation Rules of Behavior 2024 for Vendors

CHANGES IMPLEMENTED PER PRESIDENTIAL EXECUTIVE ORDERS

Wage Determination 2015-4983 Rev 26 07-08-2025

36C26326Q0099

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY

LANGUAGE

B.4 RECORDS MANAGEMENT OBLIGATIONS

B.5 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...35

C.4 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

C.10 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 Instructions to Offerors

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 Evaluation Factors

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: NCO 23 Contracting Officer Department of Veterans Affairs Network 23 Contracting Office 1303 5th St. Suite 300 Coralville, IA 52241

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

[ ] a. Quarterly [ ] b. Semi-Annually [ X ] c. Other: Within 30 days of Receipt and Acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (FSC).

The VA Financial Service Center(FSC) has partnered with third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

Vendor e-Invoice Set-Up Information:

Please contact the phone numbers or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

Tungsten e-Invoice set-up information: 877-489-6135 Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com FSC e-Invoice Contact Information: 877-353-9791

FSC e-Invoice email: vafsccshd@va.gov More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Statement of Conditions Survey – Iowa City VA Health Care System

A. Purpose

The purpose of the contract is to maintain an up-to-date Joint Commission Statement of

Conditions for the Iowa City VA Health Care System, Buildings 1 and 50, for a 5-year period.

Definitions or Acronyms:

A. TJC – The Joint Commission

B. SOC – Statement of Conditions

C. ICVAHCS – Iowa City VA Health Care System, 601 Hwy 6 West Iowa City, IA 52246

D. SOW – Statement of Work

E. VA POC – VA Person of Contact. Note: All references to the terms VA COR, COR or

VATR shall be taken as meaning the VA POC.

F. CO – Contract Officer

G. Vendor and Contractor both mean the Awardee (Contract Holder).

The SOC references the Joint Commission Comprehensive Accreditation Manual for Hospitals, specifically “Standard LS.01.01.01” This administrative standard requires ICVAHCS to design and manage the physical environment to comply with the Life Safety Code. The elements of performance of this Statement of Work (SOW) focus on the SOC, a tool that helps to identify, track and correct deficiencies in accordance with the National Fire Protection Association

(NFPA) Life Safety Code.

B. Scope of Work

Contract will be a firm fixed price services contract with a base year plus four option years.

There are two buildings covered by this project:

-Building 1 (hospital, mixed, ambulatory and business), 539,657 sq ft.

-Building 50 (business - mixed), 58,630 sq ft.

Years 1, 2, 4, and 5 of the contract:

-Vendor will perform Fire Protection reviews.

http://www.fsc.va.gov/einvoice.asp

-Each year will include up to Two Hours of Life Safety / TJC consulting per month, for 12 months to equal 1 year.

-Each year will include One Day of on-site consulting, by a certified Fire Protection

Engineer to cover up to 200,000 sq ft of floor area and discuss Fire Protection issues that arise during the year. Will seal all small barrier penetrations found during the assessment/survey with Fireproof caulking provided by the ICVAHCS.

Year 3 of the Contract:

-Vendor will survey and prepare a SOC in compliance with TJC for

-Building 1 (hospital, mixed, ambulatory and business), 539,657 sq ft.

-Building 50 (business - mixed), 58,630 sq ft.

-Vendor will perform Fire Protection reviews and conduct annual Fire Rated and Smoke

Door inspections.

-Vendor will seal all small barrier penetrations found during the assessment/survey with

Fireproof caulking and training provided by the ICVAHCS – Building 1 (539,657 sq ft.)

and Building 50 (58,630 sq ft).

-Year 3 includes up to Two Hours of Life Safety / TJC consulting per month, for 12 months to equal 1 year.

-Year 3 includes One Day of on-site consulting, by a certified Fire Protection Engineer to cover up to 200,000 sq ft of floor area and discuss Fire Protection issues that arise during the year. Will seal all small barrier penetrations found during the assessment/survey with Fireproof caulking and training provided by the ICVAHCS.

Work will be accomplished by a certified Fire Protection Engineer conducting a thorough on-site evaluation of fully Sprinklered Buildings 1 (539,657 sq ft) and 50 (58,630 sq ft) and prepared by a Fire Protection Engineer (FPE) with the qualifications stated below.

C. Qualifications

1. Fire Protection Engineer shall have a license as a Fire Protection Engineer.

2. Fire Protection Engineer shall have at least 10 years of Fire Protection experience.

3. Fire Protection Engineer shall have conducted at least 3 Statement of Condition Surveys in compliance with NFPA 101 and NFPA 99 to meet TJC requirements in the last 3 years.

4. Fire Protection Engineer shall be able to accurately assess Hospital Occupancy, Ambulatory Occupancy, Business Occupancy and Special Purpose Industrial

Occupancy.

5. All assigned surveyors must have documented experience with NFPA 101 Life Safety

Code and NFPA 99 Health Care Facilities Code. Assigned surveyors will have at least five years of fire protection engineering experience with demonstrated experience in evaluating complex healthcare facilities with respect to The Joint Commission accreditation standards.

6. The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct shall be dealt with by the Contractor, VA POC and the final decision made by the Contracting

Officer.

D. Objectives

1. Conduct a Tri-Annual TJC Statement of Conditions Assessment survey of the listed building to determine compliance with the most current edition of NFPA 101, Life Safety

Code, Joint Commission Comprehensive accreditation manual and VA requirements.

2. Review and verify all areas for the appropriate occupancy classification for each room or suite, to determine ratings of structure according to most current NFPA codes and VA requirements.

3. Evaluate all fire and smoke barrier walls and doors to determine if decommissioning of the walls and cross corridor doors is recommended or if installing fire or smoke barriers and doors is required.

4. Some areas may require coordination with staff and off duty hour inspections. Normal duty hours are 0700-1530. Verify that barriers are complete and are needed.

5. Verify all Suites are correct and or needed according to NFPA and VA requirements.

6. Verify all electrical closets, transformer rooms are rated according to NFPA and VA requirements.

7. Verify all exit stairways or passageway areas are compliant with NFPA and VA requirements to include signage.

8. Verify distances to exits and distance to next barrier, are compliant with NFPA and VA requirements.

9. Conduct a survey of 100% of all fire and smoke barrier walls, doors and above the accessible ceilings to confirm location and construction.

10. Identify and document (with pictures) (Pictures will not contain any personal identifiable information (PII), Staff, or patients) and code reference, any deviations from Most current

NFPA 101, VA requirements, or other regulatory requirements, so that work orders can be developed. Survey Plan for Improvement (SPFI) can only be created by the TJC

Surveyor.

11. Review our electronic Joint Commission data and assist in its update.

12. Review and verify Equivalencies comply and are needed or need to be updated according to latest NFPA and VA standards.

13. The following data shall be presented in a format using Microsoft Word, Adobe Acrobat and United states National CAD Standard (NCS).

a) Statement of Qualifications.

b) General building description including height, size, construction classification and occupancy.

c) Information provided by the medical center regarding any equivalencies approved by

The Joint Commission (if any).

d) Life Safety Assessments.

e) Floor plan drawings showing the current room layout, room numbers, fire walls, smoke barrier walls, smoke compartment names or designations and occupancy classification for each floor, also identify suites, hazardous rooms and keynote any special life safety features, according to most current NFPA codes and VA requirements.

a. Life Safety Drawings - Information required on the SOC Drawings: • Identify if the building is sprinkler protected throughout or identify those areas of the building with sprinkler protection (fire extinguisher locations not required) • Legend showing features of fire safety • Fire barriers • If vertical enclosures are identified with fire barriers, they are not also required to be labeled as to their function (i.e., linen chute/HVAC shaft/elevator, etc.) • Smoke barriers • Hazardous Areas (as defined by NFPA 101, 19.3.2.1.5 and21.3.2.1) • Exits (exit sign locations not required to be shown) • Suites, including the type (sleeping, patient care non-sleeping, non-patient care) and suite size (maximum suite size is per current edition of NFPA 101). Note: Suite identification is only to be provided for healthcare occupancies. • Equivalencies Previously Approved by TJC (on drawings where the covered deficiencies are located) • Summary of deficiencies covered by approved equivalency • Summary of compensating measures for deficiencies

f) Make recommendations on how to correct any noncompliant items that are not correctable by simple, straight forward methods.

g) Prepare a preliminary Plan for Improvement (PFI) in the draft submittal for any items that are not correctable under our work order system. After receiving the medical center's input, complete the PFI for inclusion in the final SOC documents.

14. ICVAHCS Engineering department will provide the most current Architectural AutoCAD drawings for all aforesaid buildings, 30x42 half sheet size, “15x21”.

15. All minor deficiencies that are best corrected through normal maintenance efforts or work orders shall be provided by separate letters and lists. These deficiencies will only be included in the draft SOC documents. Must include pictures (Pictures will not contain any PII, Staff, or patients) of deficiencies, with listed code violation.

16. Three draft copies of the SOC PDF drawings, CAD drawings and preliminary PFI documents, that will be submitted for review.

17. Provide follow-up technical support by telephone/electronic mail and on-site visit, one

Day of on-site consulting - to cover up to 200,000 sq ft of area during fiscal years 1, 2, 4, and 5, and two hours of Life Safety / TJC consulting per month on the SOC, project fire protection engineering questions or other fire Safety related issues leading up to the next

JTC survey, for all 5 years. Annually provide updated drawings to areas that need changes made to them. Date of updated drawing will be on the page that is updated, and any pages not updated will remain current until next 3-year survey. Year 3 will be full

SOC/Life Safety assessment of BLDG 1 and BLDG 50, plus two hours of Life Safety /

TJC consulting per month on the SOC, project fire protection engineering questions or other fire related issues leading up to the next TJC survey.

18. During the Tri-Annual TJC Statement of Conditions Assessment, Fire Protection

Engineer and surveyor under purview of Fire Protection Engineer, will seal all small barrier penetrations found during the assessment/survey with Fireproof caulking provided by the ICVAHCS. Contractor must be certified on the proper installation of Hilti

Fireproofing. The VA will provide all materials necessary, and the VA will provide training if needed, for the contract holder to obtain the Certification to perform Hilti fireproofing.

19. Provide one master and three numbered copies of the SOC documents and 1 computer

CD containing the final SOC documents and drawings. Include any equivalencies for

ICVAHCS property.

20. The Contractor will not be required to make updates in eSOC. The Iowa City VA will update the eSOC.

Update electronic Joint Commission data to reflect final SOC document conditions

(Provided "eSOC access only" status is granted by the Medical Center).

21. Provide an exit conference after all surveys are completed with ICVAHCS Executive leadership, Safety Office, or Engineering staff to discuss findings and trends for a total of two hours. Included in out brief will be a list of deficiencies, and locations.

22. Conduct Annual Fire and Smoke Door inspection per the requirements of the most recent edition of NFPA codes.

23. All and documents, drawings and data provide to the contractor, and all data, documents and drawings produced by the contractor in performance of this contract are to be considered Controlled Unclassified Information (CUI) and are the property of the VA and not to be disclosed or shared with any party except those who require it to perform the work of the contract. Disposal of documents and drawings will be by handing it over to the VA POC for destruction or by the direction of the VA POC.

24. Fire Protection Engineer shall be on-site and in the immediate vicinity when and where the work is being performed by the surveyors and is expected to observe, participate and partake in the survey effort.

E. Contractor Requirements

Completed draft documentation is required to be submitted to VA within 30 days of site survey.

Draft documentation will include drawings for building 1 and 50, Fire and smoke barrier description page and list deficiencies found during inspection, including pictures of deficiencies.

Pictures will not contain any PII, Staff, or patients. Drawings are required to have readable room numbers of same size and font for all rooms, colors/markings for barriers will be according to

NFPA code and VA requirements, Suites will have designation listed and numbered. First set draft drawings will be delivered 90% correct/complete. The 30-day clock starts one day after the out brief that occurs at the end of the assessment/survey. ICVAHCS will have 2 weeks to review

90% correct draft drawings and return to contractor with any notes or deficiencies found on documents. Final documentation will be prepared within two weeks after receipt of the final review comments. Site visits will be conducted during first part of November of each contract year.

F. Government Requirements

The hospital will provide electronic files containing the most current drawing files (in AutoCAD) and current fire and smoke barrier wall arrangements for review and re-plotting prior to site survey. The hospital will provide a full-time escort to access and survey all areas of the building/buildings where the survey and assessment will be conducted.

G. Deliverables:

The contractor will provide one master and four numbered copies of the SOC documents and five computer CD’s containing the final S OC documents and drawings within 120 days of contract award. The required compact disc shall be generated using original Windows software, version 11. No third-party CD generating software shall be utilized. Drawings files will consist of

AutoCAD drawing files, all drawing support files to include line type files, shape files, plot files, Contractor logo files, etc. Drawing files will also consist of Adobe Acrobat PDF files of all

AutoCAD drawings.

H. Security/Premises

1. The contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property. Among all other requirements, the VA Health Care System and its property is now entirely smoke-free. No weapons are permitted on the premises.

2. Unless otherwise directed, personnel shall stay with the VA escort at all times. Wandering around the premises without an escort is not permitted. Personnel are only permitted to be in the areas of the medical center, and campus, where their work under the contract requires them to be. Personnel shall carry valid forms of identification on their person at all times and shall carry company identification or verification that they are personnel of the contractor on their person at all times.

I. Required Training

Required Training: The following training course is required through the VA Talent Management

System (TMS):

20939 VA Privacy Training for Personnel Without Access to Computer Systems or VA

Sensitive Information

For instructions, coordinate with the VA POC immediately after award. This course must be completed by all personnel who will be on VA campus. Evidence of completion will be provided to the VA POC prior to work being performed. This course must be repeated annually during the life of the contract by all personnel who will be performing work under this contract.

B.3 VA INFORMATION AND INFORMATION SYSTEM SECURITY AND

PRIVACY LANGUAGE

VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY LANGUAGE FOR

INCLUSION IN CONTRACTS, AS APPROPRIATE

NOTE: For Contracts that do not have an assigned COR, the term COR shall be replaced with VA

POC (VA Person of Contact).

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 POC /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 Rules of Behavior

(ROB) (attached to Contract) 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 contractor/subcontractor personnel. These measures include (but are not limited to): removing and then securing Personal Identity

Verification (PIV) badges and PIV – Interoperable (PIV-I) access badges, VA-issued photo badges, credentials for VA facilities and devices, VA-issued laptops, and authentication tokens. Contractors shall notify the appropriate COR/CO immediately to initiate access removal.

g. Contractors/subcontractors who no longer require VA access will return VA- issued property to VA. This property includes (but is not limited to): documents, electronic equipment, keys, and parking passes. PIV and PIV-I access badges shall be returned to the nearest VA PIV

Badge Issuance Office. Once they have had access to VA information, information systems, networks and VA property in their possessions removed, contractors shall notify the appropriate VA COR/CO.

4. TRAINING. This entire section applies to all acquisitions which include section 3.

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

(1) VA Privacy and Information Security Awareness and Rules of Behavior course (Talent

Management System (TMS) #10176) initially and annually thereafter.

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

(3) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system or information access [to be defined by the

VA program official and provided to the VA CO for inclusion in the solicitation document – i.e., any role- based information security training].

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

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

5. SECURITY INCIDENT INVESTIGATION. This entire section applies to all acquisitions requiring any Information Security and Privacy language.

a. The contractor, subcontractor, their employees, or business associates shall immediately (within one hour) report suspected security / privacy incidents to the VA

OIT’s Enterprise Service Desk (ESD) by calling (855) 673-4357 (TTY: 711). The ESD is OIT’s 24/7/365 single point of contact for IT-related issues. After reporting to the

ESD, the contractor, subcontractor, their employees, or business associates shall, within one hour, provide the COR/CO the incident number received from the ESD.

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

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

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

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

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

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

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

c. After the contractor has provided the initial detailed incident summary to VA, they will continue to provide written updates on any new and relevant circumstances or facts they discover. The contractor, subcontractor, and their employes shall fully cooperate with VA or third-party entity performing an independent risk analysis on behalf of VA.

Failure to cooperate may be deemed a material breach and grounds for contract termination.

d. VA IT contractors shall follow VA Handbook 6500, Risk Management Framework for

VA Information Systems VA Information Security Program, and VA Information

Security Knowledge Service guidance for implementing an Incident Response Plan or integrating with an existing VA implementation.

e. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG, and the VA Office of Security and Law

Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

f. The contractor shall comply with VA Handbook 6500.2, Management of Breaches

Involving Sensitive Personal Information, which establishes the breach management policies and assigns responsibilities for the oversight, management and reporting procedures associated with managing of breaches.

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

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

Costs. (Attached to Contract)

6. INFORMATION SYSTEM DESIGN AND DEVELOPMENT. This entire section applies to information systems, systems, major applications, minor applications, enclaves, and platform information technologies (to include the subcomponents of each) designed or developed for or on behalf of VA by any non-VA entity.

a. Information systems designed or developed on behalf of VA at non-VA facilities shall comply with all applicable Federal law, regulations, and VA policies. This includes standards for the protection of electronic Protected Health Information (PHI), outlined in

45 C.F.R. Part 164, Subpart C and information and system security categorization level designations in accordance with FIPS 199, Standards for Security Categorization of

Federal Information and Information Systems and FIPS 200, Minimum Security

Requirements for Federal Information Systems. Baseline security controls shall be implemented commensurate with the FIPS 199 system security categorization

(reference VA Handbook 6500 and VA Trusted Internet Connections (TIC)

Architecture).

b. Contracted new developments require creation, testing, evaluation, and authorization in compliance with VA Assessment and Authorization (A&A) processes in VA

Handbook 6500 and VA Information Security Knowledge Service to obtain an

Authority to Operate (ATO). VA Directive 6517, Risk Management Framework for

Cloud Computing Services, provides the security and privacy requirements for cloud environments.

c. VA IT contractors, subcontractors and third-party service providers shall address and/or integrate applicable VA Handbook 6500, VA Handbook 6517, Risk

Management Framework for Cloud Computing Services and Information Security

Knowledge Service specifications in delivered IT systems/solutions, products and/or https://www.va.gov/oal/library/vaar/vaar852.asp#85221176 https://www.va.gov/oal/library/vaar/vaar852.asp#85221176 https://www.va.gov/oal/library/vaar/vaar852.asp#85221176 services. If systems/solutions, products and/or services do not directly match VA security requirements, the contractor shall work though the COR/CO to identify the VA organization responsible for governance or resolution. Contractors shall comply with

FAR 39.1, specifically the prohibitions referenced.

d. The contractor (including producers and resellers) shall comply with Office of

Management and Budget (OMB) M-22-18 and M-23-16 when using third-party software on VA information systems or otherwise affecting the VA information. This includes new software purchases and software renewals for software developed or modified by major version change after the issuance date of M- 22-18 (September 14, 2022). The term “software” includes firmware, operating systems, applications and application services (e.g., cloud-based software), as well as products containing software. The contractor shall provide a self- attestation that secure software development practices are utilized as outlined by Executive Order (EO)14028 and

NIST Guidance. A third-party assessment provided by either a certified Federal Risk and Authorization Management Program (FedRAMP) Third Party Assessor

Organization (3PAO) or one approved by the agency will be acceptable in lieu of a software producer's self- attestation.

e. The contractor shall ensure all delivered applications, systems and information systems are compliant with Homeland Security Presidential Directive (HSPD) 12 and

VA Identity and Access management (IAM) enterprise identity management requirements as set forth in OMB M-19-17, M-05-24, FIPS 201-3, Personal Identity Verification (PIV) of Federal Employees and Contractors (or its successor), M-21-31 and supporting NIST guidance. This applies to Commercial Off-

The-Shelf (COTS) product(s) that the contractor did not develop, all software configurations and all customizations.

f. The contractor shall ensure all contractor delivered applications and systems provide user authentication services compliant with VA Handbook 6500, VA Information

Security Knowledge Service, IAM enterprise requirements and NIST 800-63, Digital

Identity Guidelines, for direct, assertion-based authentication and/or trust-based authentication, as determined by the design and integration patterns. Direct authentication at a minimum must include Public Key Infrastructure (PKI) based authentication supportive of PIV and/or Common Access Card (CAC), as determined by the business need and compliance with VA Information Security Knowledge

Service specifications.

g. The contractor shall use VA authorized technical security baseline configurations and certify to the COR that applications are fully functional and operate correctly as intended on systems in compliance with VA baselines prior to acceptance or connection into an authorized VA computing environment. If the Defense Information Systems

Agency (DISA) has created a Security Technical Implementation Guide (STIG) for the technology, the contractor may configure to comply with that STIG. If VA determines a new or updated VA configuration baseline needs to be created, the contractor shall provide required technical support to develop the configuration settings. FAR 39.1 requires the population of operating systems and applications includes all listed on the

NIST National Checklist Program Checklist Repository.

h. The standard installation, operation, maintenance, updating and patching of software shall not alter the configuration settings from VA approved baseline configuration. Software developed for VA must be compatible with VA enterprise installer services and install to the default “program files” directory with silently install and uninstall. The contractor shall perform testing of all updates and patching prior to implementation on VA systems.

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

j. The contractor-delivered solutions shall reside on VA approved operating systems.

Exceptions to this will only be granted with the written approval of the COR/CO.

k. The contractor shall design, develop, and implement security and privacy controls in accordance with the provisions of VA security system development life cycle outlined in

NIST 800-37, Risk Management Framework for Information Systems and

Organizations: A System Life Cycle Approach for Security and Privacy, VA Directive and Handbook 6500, and VA Handbook 6517.

l. The Contractor shall comply with the Privacy Act of1974 (the Act), FAR 52.224- 2

Privacy Act, and VA rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish a VA function.

m. The contractor shall ensure the security of all procured or developed information systems, systems, major applications, minor applications, enclaves and platform information technologies, including their subcomponents (hereinafter referred to as

“Information Systems”) throughout the life of this contract and any extension, warranty, or maintenance periods. This includes security configurations, workarounds, patches, hotfixes, upgrades, replacements and any physical components which may be…