SOW Document Destruction.docx

STATEMENT OF WORK

CONFIDENTIAL DOCUMENT COLLECTION AND DESTRUCTION

WEST TEXAS VA HEALTH CARE SYSTEM (WTVAHCS)

SCOPE OF WORK

West Texas VA Health Care System has a requirement for services of a contractor to collect and shred VA records and other materials. Records may contain documents, film, optical, digital, CD’s, DVD’s, and other materials that contain sensitive information.

The contractor shall provide all labor, equipment, supplies, secured vehicles, materials, and supervision, and other related services necessary to provide destruction services.

The Contractor shall service the following locations:

West Texas VA Health Care System (Building 1, Basement) 300 Veterans Blvd Big Spring, TX 79720 50 - Standard Consoles (approx. 30 gal)

50 – Desk Consoles (approx. 18 gal)

10 – Bins (approx. 96 gal) Bi-Weekly

Abilene VA Clinic (Community Based Outpatient Clinic) 3850 Ridgemont Dr Ste C Abilene, TX 79606

5 - Standard Consoles (approx. 30 gal)

5 – Desk Consoles (approx. 18 gal)

Bi-Weekly

Wilson and Young Medal of Honor VA Clinic (Community Based Outpatient Clinic) 8050 E. Hwy 191 Odessa, TX 79762 5- Standard Consoles (approx. 30 gal)

5- Desk Consoles (approx. 18 gal)

Bi-Weekly

San Angelo VA Clinic (Community Based Outpatient Clinic) 4240 Southwest Blvd San Angelo, TX 76904

7 – Standard Consoles (approx. 30 gal)

7 – Desk Consoles (approx. 18 gal)

1 – Bin (approx. 96 gal)

Bi-Weekly

Hobbs VA Clinic (Community Based Outpatient Clinic) 1301 N. Turner St Ste 420 – 4th Floor Hobbs, NM 88340 4 – Standard Consoles (approx. 30 gal)

4 – Desk Consoles (approx. 18 gal)

Monthly

Ft. Stockton VA Clinic (Community Based Outpatient Clinic) 1205 North Sycamore St Ft. Stockton, TX 2 – Standard Consoles (approx. 30 gal)

2 – Desk Consoles (approx. 18 gal)

1 – Bin (approx. 96 gal)

Monthly

The Contractor shall provide and maintain 73 Standard Console, locked security containers (approximately 30 gallons each), 73 Desk Console, locked security containers (approximately 18 gallons each) and 12 collection bins, locked security containers (approximately 96 gallons each) for a total of 158 containers for sensitive documents throughout the WTVAHCS and Community Based Outpatient Clinics.

The Contractor shall remain flexible to add to the requirement, in case additional locked containers and/or collections bins are needed (not to exceed 168 total containers). The ability to adjust the number of containers per month shall be available to WTVAHCS. The Contractor is only allowed to add or subtract containers under the direction of the Chief of EMS. If another WTVAHCS employee approaches the Contractor requesting additional container(s), the Contractor will instruct the employee to coordinate this request with the Chief of EMS. If the Chief of EMS approves the addition of container(s) to meet the needs of the facility, this will be provided at no additional cost to WTVAHCS.

Containers shall have a slotted lid or front panel through which documents may be inserted and a locking access door. The containers must protect against unauthorized access (i.e., reaching through an opening to retrieve a document, bypassing the locking mechanism with a device other than a key, etc.). All locked containers shall use the same key lock or key code. The size of containers shall vary according to the location. The locked containers shall be aesthetically compatible with the facility’s interior design scheme.

The Contractor shall empty all paper collection bins bi-weekly at the Big Spring, Abilene, Odessa, and San Angelo locations and monthly at the Hobbs and Ft Stockton location. The Contractor is responsible for checking and emptying all bins on the schedule at each visit. Pickup schedule for each location shall be coordinated with the Chief of EMS. If the regularly scheduled shredding day falls on a national holiday, the Contractor may perform the service either the working day prior to or the working day after the holiday and will inform the Chief of EMS of the revised shredding day.

If additional shredding is needed, the Contractor shall be available within 96 hours of receiving notice from the Chief of EMS to provide unscheduled service. The price for such service shall be in accordance with the fees listed in the Contract schedule.

Contractor shall submit a written plan detailing the method of destruction, capacity, and approximate time required to destroy documents. In addition, Contractor must provide the Contracting Officer with a written contingency plan in case of equipment failure or other unforeseen events.

Contractor shall destroy documents completely to preclude recognition or reconstruction of the information in accordance with procedures in VA Handbook 6300.1, Records Management Procedures, VA Directive 6371 that includes the National Association for Information Destruction (NAID), Destruction of Temporary Paper Records, VA Handbook 6500, Information Security Program, VA Handbook 6500.1, Electronic Media Sanitation, VA Handbook 6500.6, Contract Security, and NIST SP 800-88 Revision1, Guidelines for Media Sanitation. Methods and equipment used to routinely destroy classified or confidential information include burning, pulping, shredding, macerating, or otherwise definitely destroy the information contained in the temporary paper records so that it is not readable or reconstructable to any degree. National Institute of Standards and Technology (NIST) standards must be used if shredding is the form of final destruction.

Contractor shall be responsible for management, oversight, security, and control of all documents containing VA sensitive information documents or Protected Health Information (PHI) stored in the locked containers, prior to and until final destruction.

Contractor will be required to sign a Business Associate Agreement (BAA) with the WTVAHCS to cover the period from the Contractor’s departure from any WTVAHCS site until final destruction of the documents. The BAA will comply with all requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR 164.502(e) and regulations enacted under the Health Information Technology for Economic and Clinical Health (HITECH) Act.

WORK HOURS

WORK HOURS: The Contractor shall provide the services described in this contract between the hours of 8:00 AM and 4:30 PM, Monday through Friday.

FEDERAL HOLIDAYS: The eleven holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, Presidents’ Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.

PERIOD OF PERFORMANCE

Base Year - 06/01/2023 – 05/31/2024 Option Year 1 – 06/01/2024 – 05/31/2025 Option Year 2 – 06/01/2025 – 05/31/2026 Option Year 3 – 06/01/2026 – 05/31/2027 Option Year 4 – 06/01/2027 – 05/31/2028

QUALITY CONTROL

NAID CERTIFICATION: The Contractor must be certified by the National Association for Information Destruction, Inc (NAID). The NAID Certification Program establishes standards for a secure destruction process including such areas as operational security, employee hiring and screening, the destruction process, responsible disposal, and insurance.

HIPAA/HITECH COMPLIANCE: The Contractor is subject to the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR 164.502(e) and regulations enacted under the Health Information Technology for Economic and Clinical Health (HITECH) Act. It is the responsibility of the Contractor to review the requirements of HIPAA and HITECH, information about which may be found on the internet at the following address: http://www.hhs.gov/ocr/privacy/index.html. The Contractor shall indicate its understanding and agreement that property obtained under this contract may contain records previously maintained as a system of records subject to the Privacy Act. The Contractor is therefore also subject to the provisions of the Privacy Act and is responsible for compliance with its provisions with respect to the handling and disposal of protected information.

INSPECTION: Representatives of WTVAHCS reserve the right to inspect, at will, the Contractor’s and/or Subcontractor’s facilities and operations provided for the performance of work under this agreement. This includes inspection of the entire process - pickup, on-site shredding, and the final disposal of the document.

SHREDDING SPECIFICATIONS: After final destruction, the information in the documents must be rendered unrecognizable in accordance with NIST 800-88 Guidelines for Media Sanitation and FIPS 199 Security Categorization of the System Confidentiality (particles no larger than 1 mm x 5 mm).

CONTRACTOR QUALITY CONTROL: The Contractor shall develop and maintain quality programs to ensure destruction and recycling services are performed in accordance with mandated specifications, regulations, and laws. The contractor shall develop and implement procedures to identify and prevent the occurrence of defective services.

EMERGENCY NOTIFICATION OF ACCIDENTAL SPILLAGE: The contractor shall notify the VA Police, Privacy Officer, or the Information Security Officer, and Chief of EMS of any spillage of shredded material within one hour of the contractor’s notification of the incident. Disposition and document control status from spillage of documents will be maintained between the contractor and the VA facility until the incident is resolved. The contractor will provide the Chief of EMS with written report of the resolution.

NON-DISCLOSURE OF SENSITIVE INFORMATION

a. The Contractor acknowledges that in the performance of this contract, Contractor personnel will have access to some privileged and confidential materials of the United States Government, including VA sensitive information and protected health information (PHI). The Contractor agrees to safeguard all information to which it has access and to use the information exclusively in the performance of this contract. The Contractor shall comply with applicable Veteran Health Administration (VHA) regulations regarding privacy and information security to prevent disclosure of sensitive information to unauthorized individuals or organizations. Many of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791), Title 38, United States Code and HIPAA. Unauthorized disclosure of Privacy Act or Title 38-protected materials is a criminal offense.

b. The Contractor shall protect, safeguard, control, manage, and destroy all VHA documents complying with VA Handbook 6300, VA Directive 6371, VA Handbook 6500, VA Handbook 6500.1, and VA Handbook 6500.6. It is the responsibility of the Contractor to review these handbooks and directives, copies of which can be accessed electronically at the following address: http://www1.va.gov/vapubs/index.cfm. NIST 800-88 Revision 1 can be accessed electronically at the following address: http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-88r1.pdf The Contractor shall not inspect, view, peruse, copy, or examine any documents or media containing VA sensitive information, whether or not it is designated for shredding/disposal. Should any violation or breach of this provision occur, such shall constitute cause for immediate termination of this contract upon receipt of written notice of such termination.

BREACH REPORTING PROCEDURES: Any Contractor employee who knows or suspects that VA sensitive information has been disclosed to unauthorized personnel must report his/her observations to the Chief of EMS at 432-263-7361 ext. 7432 and Privacy Officer within one hour of discovery. The Contractor employee should include any relevant details in his/her report, to include names of individuals involved, time, location, and a description of the VA sensitive information disclosed, if known.

CONTRACTOR VEHICLES

a. All Contractor vehicles utilized in the performance of this contract shall maintain insurance and state vehicle registration.

b. The Contractor shall ensure that all contractor vehicles utilized for this performance contract are kept in proper working order condition and are equipped with Global Positioning Satellite (GPS) tracking devices.

c. The Contractor vehicle shall be locked and properly secured at all times while at the government site or in route to and from contractor site. Vehicles used in the performance of the contract shall not be left unattended and unlocked at any time while transporting VA security waste.

OTHER OPERATIONAL REQUIREMENTS:

a. All destruction will take place within the enclosure of the destruction facility, which consists of four solid walls and a ceiling, and meets all criteria related to physical building security.

b. The Contractor shall allow inspection, upon request, by a VA representative of the contractor’s facilities where the records are processed, and final destruction takes place.

c. The VA requires a fully executed Business Associate Agreement with all information destruction contractors who complete interim and/or final destruction off-site or not under the direct control and monitoring of VA personnel.

DELIVERABLES:

1. The Contractor shall provide the Chief of EMS (or designee) with documentation that acknowledged receipt of temporary records.

2. The Contractor shall provide the Chief of EMS (or designee) a Certificate of Destruction for each pickup from each VA location within five (5) working days of each pickup. The contractor shall maintain proper records concerning each Certificate of Destruction issued. The Certificate of Destruction shall as a minimum contain the following:

3. Monthly Invoices: At the end of each calendar month, the contractor shall submit invoices electronically. The invoice shall detail the number of bins that were collected, date(s) the service was performed, location, and total value. Invoices should reference current contract number and Purchase Order (PO) number.

SECURITY REQUIREMENTS:

Information System Officer, Information Protection:

The contractor will not have access to VA Desktop computers.

Privacy Officer:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

BAA for contractor is required and will be on file.

VA Handbook 6500.6, Contract Security APPENDIX C

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.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontrator 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.

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 COTR 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. Notifications need to be made in accordance with the executed business associate agreement.

d. 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 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.

LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

TRAINING

Per VA Handbook 6500.6, Contract Security Appendix C, All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

Failure to complete the mandatory annual training and sign the Rules of Behavior annually, 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 such time as the training and documents are complete.

BUSINESS ASSOCIATE AGREEMENT (BAA) COMPLIANCE:

Contractor shall enter into a business associate agreement (BAA) with the VA as outlined in VHA Handbook 1600.1.

Business Associate: A business associate is an entity, including an individual, company, or organization that, on behalf of the VHA facility, performs or assists in the performance of functions or activities involving the use or disclosure of PHI, or that provides certain services involving the disclosure of PHI by VHA.

Disclosure: Disclosure is the release of, transfer of, provision of access to, or divulgence in any manner of, information outside VHA. NOTE: The only exception to this definition is when the term is used in the phrase “accounting of disclosures.”

Protected Health Information (PHI): PHI is individually-identifiable health Information transmitted or maintained in any form or medium. NOTE: PHI excludes Employment records held by a covered entity in its role as an employer.

RECORDS MANAGEMENT

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

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

The term Federal record:

1. includes VA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

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

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

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

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know.

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

7. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

8. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VA policy.

9. The Contractor shall not create or maintain any records containing any non-public VA information that are not specifically tied to or authorized by the contract.

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

11. The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20 Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.] D. Flowdown of requirements to subcontractors

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

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

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 COTR.

FACILITY ACCESS REQUIREMENTS AND PARKING

a. Prior to beginning work under the contract, the Contractor shall provide the Chief of EMS with a current list of Contractor employees expected to enter WTVAHCS facilities to empty document containers. This list shall be validated, maintained, and signed by the Contractor and provided to the Chief of EMS on an annual basis, or whenever the employment status of one or more employee’s changes. The Contractor has 24 hours to inform the Contracting Office and Chief of EMS when an employee is terminated, unless it is a pickup day, when they must inform the Contracting Office and Chief of EMS immediately at 432-263-7361 ext 7432.

b. Upon arrival at the WTVAHCS Main Campus, Contractor employees shall sign in with the VA Police (Main Lobby, bldg. 1). VA Police will issue a temporary access badge once the Contractor presents a valid, Contractor issued identification badge that includes the employee’s name and passport-style photo. The Contractor must safeguard the temporary badge and immediately report any lost, stolen, or destroyed badges to the Police and the Chief of EMS. Contractor employees shall sign out with the Chief of EMS or (designee).

c. While on VA premises, all Contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility. Contractors are required to abide by all facility requirements in regards to screening and masking requirements.

d. All Contractor vehicles utilized under this contract shall be insured and maintain current state vehicle registration. All Contractor employees shall possess a valid State Driver’s license. The Contractor or his/her employees shall not use personally-owned vehicles while performing duties under this contract.

e. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with the Chief of EMS.

f. WTVAHCS does not validate or make reimbursement for parking violations committed by the Contractor’s personnel under any circumstances.