SOW NAVAHCS PD Radio.docx

STATEMENT OF WORK

Department of Veterans Affairs Statement of Work (SOW)

PURPOSE:

The purpose of this contract is to acquire updated two-way communications equipment, which in-turn shall enhance and improve the existing equipment and system used by the Northern Arizona Veterans Affairs Health Care System (NAVAHCS) Police Department. The Contractor shall provide all necessary labor, supervision, equipment supplies, materials, materials, and travel to provide the equipment at NAVAHCS. Furthermore, the NAVAHCS Police Department is seeking a portable radio, created specifically for mission-critical first responders who need to communicate across all frequency bands using the same device. In order to maintain 100% complete compatibility with other VAPD stations within District 2, the Motorola model APX 8500 compatible with Programming over Project 25 (POP-25) that currently is in use within the district should be used.

BACKGROUND:

The United States Department of Veterans Affairs Police (VA Police) is the uniformed law enforcement service of the U.S. Department of Veterans Affairs, responsible for the protection of the VA Medical Centers (VAMC) and other facilities such as Outpatient Clinics (OPC) and Community Based Outpatient Clinics (CBOC) operated by United States Department of Veterans Affairs and its subsidiary components of the Veterans Health Administration (VHA), as well as the National Cemetery Administration (NCA) and the Veterans Benefits Administration (VBA) respectively.

The Department of Veterans (VA) requires VA Police Officers to carry communications equipment. Effective physical security requires the planning and protection of persons, resources, and property; prevention of loss and theft of supplies and property, and practical and economical application of technical security aids to augment police staff for the protection of VA facilities.

Per VA Handbook 0730, The Radio Policy for requirements on communications throughout the Police service on VA campuses as well as the surrounding CBOCs states that

· VA Police officers will be always provided portable two-way radio units for use while on duty.

· Such radios will include a frequency dedicated exclusively for Police use to facilitate instant communication and direction during emergencies.

· The radio system is designed to prevent “dead spots’ from interrupting communications and will ensure that voice transmission is easily heard.

REQUIRED SERVICES:

The Contractor shall provide all personnel, travel, parts, materials, labor, supervision, test equipment and technical manuals necessary to perform the requirements of the NAVAHCS Police Radio Communications System requirements along with the capability to expand.

b. Upgrades should be provided for the following equipment:

Building 28 - Room 101

● Two (2) AXS Dispatch Consoles

● One (1) Verint Logging Recorder

○ Records three talk groups and two VoIP phones

○ Archiving Interface Server (AIS) to bring radio traffic to the recorder

● One (1) Playback Station

● One (1) TRAK 8835 for time synchronization

● Dual networking equipment for redundancy

○ Two (2) Site Routers

○ Two (2) LAN Switches

● Edge Availability trunking subsystem for local redundancy/fallback operations

○ Redundant networking equipment

■ Two (2) Site Routers

■ Two (2) LAN Switches

■ Two (2) Backhaul Switches

○ One (1) Edge Controller Server

RF Shelter

● GTR 8000 Expandable Site Subsystem (ESS)

○ Three (3) TDMA voice channels to support six talk paths and One (1) Control Channel

■ Talkgroups: PD 1, PD 2, Facilities 1, Facilities 2, Medical

○ Antenna system including combining equipment, connectors, and transmission lines

● Four (4) APX Consolettes

○ All Band to support interoperability with the antenna system

■ Prescott PD, Prescott Valley PD, Prescott Fire, Prescott County Sheriff

● Redundant networking equipment

○ Two (2) Site Routers

○ Two (2) LAN Switches

● To Support In-Vehicle Modems

○ (1) ACM Server Appliance (FIPS compliant)

○ (8) ACM Clients

○ Licensing

○ 1 year support & maintenance

Radios

● (8) MP70 Modems, Access Control Manager (ACM) and server for VMWare Modems connect to APX 8500 mobile radios to support connectivity through SmartConnect Data Services.

● (8) APX 8500 Mobile Radios

● (8) 6-in-1 SharkFin Antennas

● (8) AC Power Adaptors

● (8) Airlink Support

● (30) APX 8000s Portable Radios

● (6) APX Next Portable Radios: SmartConnect, SmartProgramming, SmartMapping, and SmartLocate are included

● Chargers and spare batteries

● (1) KVL included for encrypting radios

Managed Zone Core (MZC)

● ASTRO 2024.1 Core System Release to support VAMC Prescott

● Astro Connectivity Service

i. Specifically, all required work by this contract shall be performed in accordance with manufactures specifications and listed here in this statement of work. The contractor shall furnish, install, and program:

· Computer-aided dispatch (CAD) to aide NAVAHCS Dispatchers to prioritize and record incident calls, identify the status and location of VA Police Officers in the field, and effectively dispatch first responder personnel.

PERSONNEL REQUIREMENTS:

Contractor shall use technicians who have been factory trained and certified by the Motorola, Worldwide Learning Services (WLS). Contractor shall always be current on all equipment applicable to the contract. Contractor shall provide and maintain proof of always having these credentials. Contractor shall possess said credentials/certifications prior to beginning work under the contract, and shall provide proof thereof throughout the performance period of the contract when requested by the Contracting Officer. Contractor shall not be allowed to work on the equipment without proof of said credentials/certifications.

All contractor employees and representatives shall have in their possession a valid and current U.S. driver’s license while on any U.S. Government Property.

The contractor shall ensure that employees have a current and valid driver’s license before allowing the employee to operate a contractor-owned vehicle on VA property. The Contractor and its employees shall comply with all security requirements imposed by the Northern Arizona Veterans Affairs Health Care System (NAVAHCS) Police Department. Any contractor traffic violations may result in the denial of driving privileges on property. A copy of all licenses shall be provided to the Government POC within ten (10) days after contract award.

DELIVERABLES:

Contractor shall only use Motorola authorized technical manuals and service repair notes to install radios, infrastructure, and related equipment. Contractor shall provide and maintain proof of such. Deviations shall not be made without the expressed written proof from Motorola that deviation is safe for the equipment and also does not negate or void any warranty.

Contractor shall be properly trained on the installation of radios and other related equipment designated as having Data Encryption Standard (DES) and/or Advance Encryption Standard (AES). Contractor shall hold and maintain proper security clearances and credentials (recognized/approved by the National Security Agency, Department of Defense, and Department of Veterans Affairs) as required to handle COMSEC material and equipment.

Contractor shall possess these credentials/certifications prior to beginning work under the contract. Contractor shall provide proof thereof throughout the performance period when requested by the Contracting Officer.

Contractor shall provide enhanced maintenance support to NAVAHCS Police Service to include technical support 24/7/365, dispatch services, on-site infrastructure repair, advanced replacement option for infrastructural repair, network preventative maintenance, repair service advantage (RSA), and local radio support.

System implementation is requested and should include design, installation, optimization, programming, project management, network IP interface, documentation, and final acceptance test. The system implementation will need to be connected to the NAVAHCS zone core via IP/Ethernet connection or leased MPLS circuits.

Contractor shall be responsible for any damages or loss of use of radios, infrastructure, or related equipment due to negligence, sabotage, or any other action cause by an employee or service provider hired by the contractor.

Contractor shall be responsible for any Motorola warranty made void by any action caused by an employee or service provider hired by the contractor.

No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

No counterfeit supplies or equipment parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

Vendor shall be an OEM, authorized dealer, authorized distributor, or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS:

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.

All contactors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigated 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 of Operations, Security, and watchfulness is responsible for these policies and procedures.

As applicable, 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.

As applicable, 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.

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 employment. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

VA INFORMATION CUSTODIAL LANGUAGE:

Information made available to the contractor or subcontractor by the 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).

VA information should no be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or medial 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 onsite inspection 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.

Prior to termination or completion of this contact, 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 withing 30 days of termination of the contract.

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.

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 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.

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 to terminate for cause under Federal Acquisition Regulation (FAR) Part 12.

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.

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.

The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements.

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 tow 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 or, or inquiries about, VA information and information systems to the VA contracting officer for response.

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.

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.

CHANGES TO STATEMENT OF WORK:

The awarded Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority, and no adjustment shall be made in the contract price to cover any increase in costs incurred as a result thereof. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor. A copy of each change will be kept in a project folder along with all other products of the project.

DELAY IN PERFORMING CONTRACT SERVICES:

Contractor should fully understand that the participating VA employees are responsible for providing patient care, thus making advance scheduling a challenge. Contractor shall work closely with the designated COR, of the VA medical facility to ensure that scheduling is utilized for optimum results. Documentation of delays to provide contract services shall be provided to the COR for a concurring signature from the COR. Contractor’s personnel shall be responsible for proper documentation of delays. The document must state the scheduled time that services were required, the reason for the delay, and the actual time that contract services could be provided.

WORK HOURS:

Authorization shall be obtained from the Contracting Officer in advance for any work performed outside of normal working hours (after 4:30 p.m. and before 7 a.m. Monday through Friday, and Saturday, Sunday or Federal Holidays), to arrange for all services at this station. If this authorization is given for the convenience of the Contractor, there shall be no additional charge for labor, travel time, or other expenses.

Any overtime and/or holiday pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

Contractor will bill and be paid for actual services provided by Contractor personnel. Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

Government Holidays

If a holiday falls on Sunday, the following Monday shall be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

TRAVEL [If applicable]:

Travel costs must be detailed and included in vendor quote. No travel expenses will be reimbursed after award if not specified.

PARKING:

It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not validate or make reimbursement for parking violations of the contractor’s personnel under any circumstances.

CONTRACTOR EMPLOYEES:

Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population. Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

IDENTIFICATION BADGES:

All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA Healthcare System grounds. I.D. badges must have an identification picture and shall state the name of the individual and the company represented. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to Government property.

SMOKING:

Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA Health Care Facilities, including hospitals, community clinics, administrative offices, and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas.

ADP SECURITY:

Protection of Computer Equipment, confidentiality of patient information, and the integrity of computer software/data at all Healthcare Facilities are essential. Software installed on each PC is copyrighted and copy of software for use elsewhere is prohibited. In the event of a possible security violation, the Healthcare Center’s ADP Security Committee shall investigate and recommend corrective action to the appropriate agency.

VA POLICY:

Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

INSURANCE COVERAGE:

The Contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of Arizona laws. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

Before commencing work under this contract, the Contracting Officer shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) day notice to the Contracting Officer.

CONTRACTOR EXPERIENCE REQUIREMENTS: (Standard mandatory language for all task orders)

The government will determine on a SR basis what positions are considered key personnel. The contractor shall identify, by name, the key management and technical personnel who will work under this task order at the time the work is being negotiated.

If a key person becomes unavailable to complete the SR, the proposed Substitutions of key personnel shall be made only as approved directed by the Contracting Officer and the COTR. The government will not dictate specific experience and education requirements of the employees initially proposed to perform the work stated herein.

The contractor shall submit a resume of qualifications for the COTR, and all other direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty. If, at any time from date of award to the end of the contract, non-key personnel Contractor personnel are no longer available, HES/HIS reserves the right to review the qualifications of the proposed replacement personnel and to reject individuals who do not meet the qualifications set forth in the TLO. Team personnel proposed by the contractor should possess some of the following knowledge and/or skills.

The contractor must notify VHA in advance and we will approve or reject proposed contractor key personnel for the performance of this contract. The contractor shall submit a resume of qualifications to the COTR for key personnel and all other direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty. If, at any time from date of award to the end of the contract, Contractor personnel are no longer available, the VHA will approve the qualifications of proposed replacement personnel and will reject individuals who do not meet qualifications set forth herein. The contractor must inform the VHA COTR, and Project Manager/Task Manager when personnel are removed from the contract for any reason. The Contractor shall remove any employee from the performance of this contract within five (5) workdays of receiving notice from the Contracting Officer that the employee's performance is unsatisfactory. All Contractor employees are subject to immediate removal from performance of this contract when they are involved in a violation of the law, VA security, confidentiality requirements and/or other disciplinary reasons.

The contractor must inform the VHA COTR, and Project Manager/Task Manager when personnel are removed from the contract for any reason.

If a key person becomes unavailable to complete the SR, proposed Substitutions of key personnel shall be made only if approved by the COTR and Project Manager.

The contractor shall submit a resume of qualifications to the COTR for all direct employees proposed for the project. All Contractor employees will be approved by the COTR prior to bringing on duty.

CONFIDENTIALITY AND NONDISCLOSURE:

It is agreed that:

The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO for response.

Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

All contractor employees who require access to the Department of Veterans Affairs’ computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to subcontractor personnel requiring the same access.

Position Sensitivity – The position sensitivity has been designated as Moderate (Insert High Risk, Moderate Risk or Low Risk.)

Background Investigation – The level of background investigation commensurate with the required level of access is National Agency Check with Written Inquiries.

CONTRACTOR RESPONSIBILITIES:

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

The contractor shall submit or have their employees submit the required forms (SF 86 or SF 85P, SF 85P-S, FD 258, Contractor Fingerprint Chart, VA Form 0710, Authority for Release of Information Form, and Optional Forms 306 and 612) to the VA Office of Security and Law Enforcement within 30 days of receipt.

The contractor, when notified of an unfavorable determination by the Government, shall withdraw the affected employee from working under the contract.

Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

GOVERNMENT RESPONSIBILITIES:

The VA Office of Security and Law Enforcement will provide the necessary forms to the contractor, or to the contractor’s employees, after receiving a list of names and addresses.

Upon receipt, the VA Office of Security and Law Enforcement will review completed forms for accuracy and forward the forms to the office of Personnel Management (OPM) to conduct background investigations.

The VA Office of Security and Law Enforcement will notify the CO, and contractor, of adjudication results received from OMB.

Upon being notified about a favorable determination, the CO may issue a notice to proceed to the contractor.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS:

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.

All contractors, subcontractors, and third-party servicers and associates working with VA information is 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.

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. Custom software development and outsourced operations must be 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.

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.

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).

VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems 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 onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are following VA directive requirements.

Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor during 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

SECURITY INCIDENT INVESTIGATION:

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.

To the extent known by the contractor/subcontractor, the contractor/subcontractors 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.

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.

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:

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.

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.

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

· Nature of the event (loss, theft, unauthorized access).

· Description of the event, including:

· Date of occurrence:

· Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code.

· Number of individuals affected or potentially affected.

· Names of individuals or groups affected or potentially affected.

· Ease of logical data access to the lost, stolen or improperly accessed data considering the degree of protection for the data, e.g., unencrypted, plain text.

· Amount of time the data has been out of VA control.

· The likelihood that the sensitive personal information will or has been compromised. (Made accessible to and usable by unauthorized persons).

· Known misuses of data containing sensitive personal information, if any.

· Assessment of the potential harm to the affected individuals.

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

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 $______ per affected individual to cover the cost of providing credit protection services to affected individuals.

CONSISTING OF THE FOLLOWING:

· Notification.

· One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports.

· Data breach analysis.

· Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution.

· One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and necessary legal expenses the subjects may incur to repair falsified or damaged credit, records, histories, or financial affairs.

SECURITY CONTROLS COMPLIANCE TESTING:

On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

TRAINING:

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:

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.

Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.

All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take NAVAHCS-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

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

FLOW DOWN OF REQUIREMENTS TO SUBCONTRACTORS (IF APPLICABLE):

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

RECORD MANAGEMENT OBLIGATIONS:

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.

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:

Includes Northern Arizona Veterans Affairs Health Care System (NAVAHCS) Police Department (NAVAHCS) records.

does not include personal materials. Applies to records created, received, or maintained by Contractors pursuant to their NAVAHCS contract. May include deliverables and documentation associated with deliverables.

REQUIREMENTS:

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.

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.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while 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.

NAVAHCS 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 NAVAHCS 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 NAVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

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 as described in the (contract vehicle).

The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and…