RFQ_36C25921Q0085.docx

36C25921Q0085

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

660-21-1-052-0003 36C25921Q0085 11-16-2020 John Cheng 303-712-5776 11- -2020 12:00

MST

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 561320 $30 Million N/A X 36C660 Department of Veterans Affairs George E. Wahlen VA Medical Center 550 Foothill Drive Salt Lake City UT 84148 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page Health Administration Staffing Services All offers and questions must be sent via email to:

john.cheng2@va.gov Questions are due no later than 12:00pm MDT on 1 /2020.

Offers are due not later than 12:00pm MDT on 1 0/2020.

Estimated period of performance:

12/ /2020 - 6/ /2021 U.S. Department of Labor Wage Determination No.: 2015-5489 Revision 11 applies See CONTINUATION Page X Table of Contents

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: Contracting Officer 36C259 Tim Myers, timothy.myers5@va.gov Department of Veterans Affairs Network Contracting Office, NCO 19 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Contract Specialist John Cheng, John.Cheng2@va.gov Department of Veterans Affairs Network Contracting Office, NCO 19 6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C25921Q0085

Page 1 of Page 1 of B.2 Statement of Work General:

Scope of Required Service:

The Salt Lake City Veterans Affairs Medical Center, 500 Foothill Drive, Salt Lake City, UT 84148, has a requirement for a Contractor to supply staffing services for up to Ten (10) positions of General Administrative Clerks. The parties agree that this Vendor’s contract shall apply solely to the staffing services. The contractor shall begin providing staffers for the, fingerprinting, and badging, on or about December 8, 2020. Contractor staff shall report 15 minutes prior to their appointment time to the assigned VA in-processing representative. The assigned VA in-processing representative will supply the information on where to report for fingerprinting/badging. The location of the mandatory 10-day VA Scheduler training will be determined on a per group basis once the badges are acquired. Contractor staff shall be given a schedule and assigned facility during the mandatory 10-day VA Scheduler training.

Place of Performance:

The Veteran Affairs Salt Lake City Healthcare System (VASLCHCS) services performed under this contract will be performed at: George E. Wahlen, Salt Lake City, UT, VA Medical Center – 500 Foothill Drive, Salt Lake City, UT 84148 Staffing Requirements:

The Contractor shall have the following staff available at any given time:

General Administrative Staff herein referred to as Clerks with assignments of 6 months with a Government option to extend services for up to 6 months.

Clerk Qualification:

Credentialing and Privileging: The Contractor shall run a background investigation on all prior to submitting them for consideration of a contract at VASLCHCS and submit the results with the applicant’s profile. The contractor will be responsible for the actions of those individuals they provide to perform work for VA.

Position Sensitivity – The position sensitivity has been designated as Low Risk.

Must be authorized to work in the United States.

The contractor shall bear the expense of obtaining background investigation.

The dress code will comply with standards in accordance with VASLCHCS policy.

The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

Contractor Services:

The Contractor shall be responsible for providing contract Clerks, defined in Section 4, to perform work on a temporary staffing basis under the guidance of the Government, and that Government will establish the details of the work but the contractor will be responsible for the work product of the Providers.

The Contractor shall provide requested profiles for new staff within five business days to the Contracting Officer’s Representative (COR) with required information as described in section 4.

The contactor shall provide staffing specialist(s) to work directly with VASLCHCS managers to meet VASLCHCS staffing needs and address disciplinary issues. The staffing specialist(s) will be responsible for entering workload data into VASLCHCS designated databases and address staffing programs. The Contractor is required to have on site up to date files on all Contract staff with the following information in the files:

A) Social Security Number.

B) Completion of VA Personal Identification Verification (PIV). The PIV and must be typed with accurate information and legal names on the forms.

C) In accordance with VA Directive 0735, all contractor staff must be issued a PIV, Non-PIV, or Flash Pass badge based on access requirements. The badge must be kept current/non-expired. A copy of the badge must be kept on file.

D) Evidence of High School Diploma or GED.

E) Must have at least 6 months of customer service experience in a business setting.

The contractor shall provide individual(s) to provide offsite supervision/guidance for their employees. These individuals shall be available to contractor staff via phone/email whenever contractor staff are working in a VA facility.

The contractor shall adhere/comply to all Federal/State/ VASLCHCS guidelines, regulations, laws, policies, and procedures always. Prior to terminating long term contract employees, (see paragraph 1.3.) the Contractor shall notify the CO and the COR in advance in a reasonable timeframe. The Contractor shall submit justification (including proposed substitutions) in enough detail to permit evaluation of newly assigned contract-staff healthcare provider.

The contracted positions shall log into a VA computer at least monthly to keep his/her computer account in an “active” status. If the contracted providers fail to keep his/her computer accounts from being deactivated, it is the contractor’s responsibility to submit another PIV form with accurate information and the contractor’s legal name to VASLCHCS designated staff to reactivate the computer account.

Dress Attire: The Contractor personnel shall wear VA furnished badges always. The Contractor employee must wear this badge in accordance with regulation, and always while performing services under this agreement. Contract personnel will adhere to the VASLCHCS Dress Code Policy.

The Government reserves the right to accept or not accept the contractor provided personnel. If any contract-staff healthcare providers are determined unacceptable by the designated Government contact at any time during the agreement period, the Contracting Officer will determine whether the personnel shall be released from duty and will notify the contractor’s point of contact that such individual shall not be resubmitted to provide service under this agreement.

Non-acceptance of a contract-staff healthcare provider does not relieve the contractor from fulfilling the terms and conditions of this contract. In the event of a dispute between the designated contacts, the CO’s decision is final.

In the event the independent contractor becomes ill or cannot work for any other reason, it is the contractors’ responsibility to immediately provide another candidate, who is appropriately certified to work in the area the previous candidate was scheduled to work.

The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor. The designated contractor point of contact shall be available 24 hours a day 7 days a week to supply services.

Training:

A 10-day mandatory VA Scheduler training will be provided by VHA to all contractors. Keys for scheduling will not be assigned to the contractor staff until all requirements are completed for the mandatory VA Scheduler training.

Failure to complete the VA Scheduler 10-day mandatory training within the timeframe required, is grounds for termination of all physical or electronic access privileges and removal from work on the contract. Contractors will only be given two opportunities to complete all requirements of the training assigned (or reasonable delays as determined by Contracting Representative).

The following Talent Management System (TMS) modules shall be completed during initial orientation:

a) Privacy and Information Security Awareness

b) Privacy and HIPAA Focused Training

c) VHS Compliance and Business Integrity (CBI) Awareness Training

d) Scheduling Training-Business Rules

e) Scheduling Training-Make Appointment

f) Scheduling Training-Recall Reminder The remaining TMS modules must be completed within 15 days of completion of the mandatory VA Scheduler training. They include:

a) Fire Safety and Prevention

b) Culture of Safety and Patient Care

c) Blood-borne Pathogens Awareness

d) VASLCHCS Environment of Care

e) VASLCHCS Infection Prevention and Control

f) VASLCHCS Falls Prevention

g) Prevention of Workplace Harassment/No Fear

h) Prevention and Management of Disruptive Behavior Web Course The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates for each applicable employee. Note: completion of TMS course “VA Privacy and Information Security Awareness and Rules of Behavior” satisfies the requirement for certifying and signing the Contractor Rules of Behavior for each applicable employee.

Failure to complete the mandatory training (including completion of TMS course “VA Privacy and Information Security Awareness and Rules of Behavior” which satisfies the requirement for certifying and signing the Contractor Rules of Behavior for each applicable employee) within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until the training and documents are complete.

Contractor Responsibilities:

a) The Contractor shall provide all necessary contractors upon request of VASLCHCS to include:

b) Find sources for requested positions and shifts.

c) Provide contract-staff selection choices to Government

d) On-board the selected contract-staff

e) Maintain required documents

f) Off-board contract-staff when no longer needed

g) Pay the contract-staff agencies for the providers who performed services

h) Contractor shall be responsible for meeting VA and Joint Commission (or equivalent) standards.

i) Contractors shall be responsible for maintaining the integrity of this contract in relationships with subcontractors and professional liability insurance. Subcontracting, corporate partners and/or teaming

j) Arrangements are permitted under this contract. Any subcontractors utilized during this contract shall maintain the qualifications as required by the prime contractor.

k) In the event of any sentinel event of actual or threatened claim arising out of or relating to the acts or omissions of Provider, Government shall provide the contractor written notice of such claim immediately and, in no event, 30 days after Government knew, or reasonably should have known of such claim. Government shall make available to the contractor copies of all non-privileged documentation about problems or incidents in which Providers are involved.

l) Provide a time clock system to track agency hours, payroll, and schedules.

m) The contractor shall ensure that all contract personnel participate in VA defined orientation procedures applicable for newly assigned contract personnel to include regulations specific to the profession or class to which he/she belongs, local VA policy and procedures, and VHA policy and procedures. Orientation may consist of self-paced written/on-line education, classroom hours and/or unit orientation and hands-on skill validation.

n) The Contractor shall prescreen all personnel requiring access to the computer system to ensure they are eligible for employment, and can read, write, speak and understand the English language.

o) Invoicing: The contractor shall submit invoices bi-weekly or monthly in arrears for the shifts worked. All time slips are to be submitted with the invoice for shift verification. The invoice must include: 1) Name of contractor staff; 2) Date worked; 3) Area worked (must match time slip); 4) Hours worked; 5) Rate of pay; and 6) Amount billed for shift. The invoice should be for the entire week for the entire facility. The Contractor is required to utilize and submit VASLCHCS time slips.

p) All patient safety incidences shall be reported immediately to the supervisor, the COR, and the Contractor.

Contractor Employee Responsibilities:

a) Requirements For: General Administrative Clerk/Qualifications.

b) High School education or GED equivalent.

c) Oral and written proficiency with English.

d) Basic computer skills.

e) Have no health or physical disability restrictions that interfere with the performance of assigned duties.

f) Have documented training and skills verification.

g) Familiarity with Medical Terminology preferred Duties and Responsibilities. The Clerk shall:

a) Follow all scheduling directives, handbooks, and laws applicable to the scheduling duties.

b) Performs receptionist and customer service duties.

c) Maintains appointment schedules for one or more outpatient clinics. Schedule appointments per VA rules and regulations. All appointments will be made with the patient’s input, either in person or by phone. This may require a high level of coordination to avoid patients having to make multiple trips to the medical center or clinic whenever possible.

d) Assists with clinic access contingency plans by adjusting appointment times, location, or dates. Shifts patients to other healthcare providers as conflict with staffing and/or coverage occurs.

e) Supports patient safety standards using the correct Veterans Affairs identification of all patients using two forms of identification.

f) Communicates with internal medical providers on rules and regulations for VA Community Care and advises on appropriate processes.

g) Coordinates and authorizes Veteran care with community providers that the VA does not supply or cannot supply timely.

h) Validates and update patient demographic information.

i) Collects, scans, and updates health insurance information.

j) Collects and scans medical records and medical documentation upon receipt.

k) Prepares and distributes documentation per VA release of information rules and regulations.

l) Screens/receives phone calls in a courteous and timely manner.

m) Demonstrates sensitivity to cultural diversity, race, gender, and others individual differences in the workforce, in the Veteran population and in the Community.

n) Other duties, as assigned.

Government Responsibilities:

a) Government will provide enough information about its specific needs so that the contractor can match the skills and experience of Provider to those needs.

b) Government will be responsible for compliance with all relevant safety and health laws and regulations during the period of a Clerk’s assignment under Government supervision, including but not limited to Joint Commission regulations relating to orientation and evaluation and HIPAA regulations. The Government will provide each Clerk with all necessary site-specific training, orientation, equipment and evaluation required by federal, state or local occupational safety laws or rules, including Joint Commission and HIPAA for member of the Government’s workforce. Other training required includes: 1) Occupational Exposure to Blood borne Pathogens; 2) Infection Control; 3) Blood Borne Pathogens; 4) Hazard Communication; 5) Fire Safety; 6) Emergency Preparedness; 7) Information Security (contains Rules of Behavior); 8) Code of Organizational Ethics; 9) Security Management; 10) VHA Privacy Policy Training (HIPAA); 11) BLS; 12) Fall Prevention; and 13) Other learning modules assigned. Further, Government will only utilize Providers for the need requested and will only assign Providers to work in the clinical specialty areas in which they are professionally qualified and oriented to work. Orientation/assessment time will be billable to Government as the regular hourly bill rate as set forth in the contract price schedule.

c) Both Government and Contractor will designate a contact that shall be the parties’ primary liaisons about the Services.

d) VA Support Personnel, Services or Equipment: The Salt Lake City VAMC will provide all medical supplies and equipment to provide these services except for uniforms and any other personal items.

e) The Government will be responsible for the cost of fingerprinting.

f) The Government may require that the contractor staff shall be immunized annually with the influenza vaccine. The Government may provide this vaccine. Although the Government may provide this vaccine, it may be obtained at other facilities with the cost being borne by the contractor. Unless vaccinated by the Government, the contractor shall be required to show proof of the vaccination. If the contractor worker declines the immunization, they must provide documentation of the waiver, which declines the influenza vaccine (declination based on religious convictions or medical contraindications only).

Hours of Operation:

a) Work Schedule: Contractor staff shall be available from 07:00 AM to 5:00 PM hours, Monday through Friday.

b) Federal Holidays include: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day and any other day declared as a national holiday by the President of the United States.

c) The government reserves the right to schedule or reschedule the duty hours during the agreement to meet staffing and patient care needs. The government shall provide a 24-hour notice of any schedule changes. Contractor will be responsible for the overall provision of coverage within the timeframes annotated above without exception.

d) Contractor’s employee shall be present at the facility and must be performing the required services to receive payment for services. Contractor shall only receive payment for the actual number of hours worked on-site at the specified facility.

Special Compensation:

a) Shift Differentials. Government agrees to pay an additional amount for all Sunday shift as well as all hours worked after 6:00 p.m. Monday- Friday. Shift differentials will be invoiced for the entire shift in which most the hours worked is during the shift differential period.

b) Overtime. Government agrees to pay for all hours worked more than forty (40) hours per week and in accordance with the Service Contract Act wage determination. If any applicable law requires Contractor to pay Provider daily overtime, Government shall pay Contractor in accordance with the Service Contract Act.

c) Holidays. Government shall pay in accordance with the Service Contract Act for time worked by Providers on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas Day. A holiday shift is defined as any shift in which a portion of the hours worked is during the holiday.

d) Performance Evaluations. Government reserves the right to complete an evaluation regarding the performance of each contractor staff if performance is questionable.

Performance Standards: The following outlines required standards and will be a part of the resultant contract.

B.3 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. 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 and VA personnel regarding information and information system security.

2. 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 VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

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

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 policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

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

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems 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's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. 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.

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

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

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

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

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

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of 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 implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). 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 6507, VA Privacy Impact Assessment.

b. 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 the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. 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.

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

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of 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, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. 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.

g. The contractor/subcontractor agrees to:

(1) 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:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) 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 a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. 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 a 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 a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "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 or voiceprint, or a photograph.

(3) "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.

i. 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, hotfixes, 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 shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach.