PWS RFI DRAFT.pdf

PERFORMANCE WORK STATEMENT

DEPARTMENT OF VETERANS AFFAIRS

INSTITUTE FOR LEARNING, EDUCATION AND DEVELOPMENT (ILEAD)

“Career Path Development Consulting to Develop Career Path Guides, Competency

Models, Development Plans and Assessments”

1. Title of Project: Career Path Development Consulting to Develop Career Path Guides, Competency Models, Development Plans, Assessments (Hiring and Development) and the creation of an Individual Development Plan template.

2. Background: The Veterans Health Administration (VHA) is an employer of approximately 430,000 Title V and Title 38 and Hybrid 38 employees. Because of the size and uniqueness of the VHA, we support all Federal occupations under Title V and is the only organization supporting Title 38 and Hybrid 38 occupations. The Institute for Learning, Education and Development (ILEAD) is responsible for developing career path guides for these occupations.

Work to be performed under this performance work statement will cover all occupations under Title V, Title 38, and Hybrid 38. This performance work statement allows VHA to begin to develop competency models, assessments and career path guides based on appropriate skill sets and competencies to support occupations. This will include occupation research and review, developing competency models, career path guides, development plans and supporting Career Path Development (CPD) staff in the development of the Career Path Management Program.

CPD aims to support all VHA employees to map and grow their careers from entry-level to retirement. CPD features flagship, legacy programs like Technical Career Field (TCF) and Graduate Healthcare Administrative Training Programs (GHATP) along with web-based, Training Management System (TMS), virtual, and in-person development opportunities. It is CPD’s goal to showcase options and choices for every VHA employee to successfully reach their career goals while serving our nation’s Veterans.

Career Path Definition: A lifelong journey of positions, programs, experiences, and choices that bring VHA employees to the competency levels essential to best support career progression and the whole organization.

Example: Take the 0649 Medical Instrument Technician-occupation series, review the corresponding functional statement, interview employee/s, create a career path guide, competency model and development plan for their existing occupation and the employee’s aspired occupation development plan in separate word documents. An assessment will be developed and conducted by the contractor before the development plan is created.

3. Objectives: The objectives for this performance work statement are to develop assessments (hiring and development), career path guides and competency models in a format to assist eight to ten occupations in their career path development i.e., 0201-Human Resource, 0649 Medical

Instrument Technician, 0185 Social Worker, 1035 Public Affairs and 0341 Administrative Officer occupation series and five additional occupations to be decided after the contract is awarded. The objective is to hone the process with the developmental efforts and creation of guides, competencies, and formats.

Complete 0201-Human Resource, 0649 Medical Instrument Technician, 0185 Social Worker, 1035 Public Affairs, 0341 Administrative Officer occupation series and five additional occupations in written format and/or using SharePoint tools within the 12-month timeframe of the contract.

4. Scope of Work: The Contractor shall provide labor and other resources required to conduct occupation research and review, to create career path guides, competency models, develop assessments (hiring and development), and development plans for ten occupations. This will include consulting support to the Career Path Development (CPD) team.

5. Applicable Documents: None.

6. SPECIFIC TASKS

6.1 TASK 1: KICK-OFF MEETING (Base Period Only)

The Contractor shall attend a Kick-off Meeting (Deliverable 1) post-award to review the goals and schedule of the project with the Government POCs. The meeting will be held virtually via the Microsoft TEAMS application and is attended by Government staff typically including the Program Manager (PM), Contracting Officer Representative (COR), Contracting Officer (CO), and/or Contract Specialist (CS) along with Contractor Key Personnel and others appropriate to the agenda topics. The Contractor shall coordinate with the COR to provide the Kick-Off Meeting Agenda for the meeting and provide Kick-Off Meeting Minutes after completion of the meeting to provide the captured action items, attendees, and decisions made during the meeting.

DELIVERABLES:

1. Kick-Off Meeting

a. Kick-Off Meeting Attendance

b. Kick-Off Meeting Agenda

3. Kick-Off Meeting Minutes

6.2 TASK 2: Contractor Project Management Plan (CPMP)

The Contractor shall develop a detailed Contractor Project Management Plan (CPMP) (Deliverable 2) and briefing, which may be held in conjunction with Task 1 via a formal Government post-award Kick-Off Meeting with the Career Path Development Team. The CPMP shall present the Contractor's plan for completing the contract and shall be responsive to this PWS and describe, in further detail, the approach to be used for each aspect of the contract as defined in the Contractor’s technical proposal. At a minimum, the CPMP shall include the

Contractor’s plan for managing the project, risk, quality, scope, change management, and detailed schedule.

DELIVERABLES:

2. Contractor Project Management Plan (CPMP)

6.3 Task 3: Develop Career Path Guides, Competency Models, Assessments, and Individual Development Plan templates.

The Contractor shall provide consulting and development support services to conduct 10 occupation research and reviews, create career path guides, competency models, development plans and develop assessments (hiring and development) all to be used with the new IDP template the contractor creates, to produce the following related.

Phase 1 Occupation Series Documents (Deliverable 3), which will include series 0201-Human Resource, 0649 Medical Instrument Technician, 0185 Social Worker, 1035 Public Affairs, 0341 Administrative Officer occupation series, plus five additional occupations to be determined by the COR. Occupation Series Documents include, but not limited to:

A. Creating 10 PD/Functional Statement Assessments provided by VA using Microsoft products.

1. Review proficiency level definitions.

2. Determine behavioral descriptions.

3. Determine a list of 5 proficiency levels with descriptions to use for assessments.

4. Draft assessments based on competencies and functional statements.

5. Determine gaps in occupations vs employees.

B. Creating 10 Career Path Guides provided by VA using Microsoft products.

1. Provide how to use resource areas.

2. Provide an overview of occupations.

3. Provide competencies for occupations.

4. Provide training for occupational competencies.

C. Creating 10 Development Plans on selected occupations/functional statements provided by VA using Microsoft products.

1. Create a training plan based on occupations for grade level and specialty areas.

2. Add value-added training and human-centered training.

3. Add shadow and mentor opportunities.

D. Creating 10 Employee Aspired Occupation Development Plans provided by VA using Microsoft products.

1. Create a training plan for lateral or vertical interest positions for employees to enhance skill sets and develop new competencies.

E. Creating Individual Development Plan templates using Microsoft products.

1. Create a Hiring assessment for USA Jobs announcements for WMC.

2. Create a Development assessment for CDP career advisors to assist employees.

F. Creating 10 Competency Models for VA-provided occupations/functional statements by Microsoft products for WMC.

1. Meet OPM Mosaic requirements.

2. Meet VHA certification and hiring requirements.

Definitions:

A. Hiring and Development Assessment.

Assessments for hiring an individual (WMC) will be used for screening individual skills for a position. A developmental assessment has the individual assess competencies for their current position.

B. Career Path Guides.

Career path guides offer employees their current state positions defined, developmental competency training, specialized training, and aspired occupational plans.

C. Development Plans.

Developmental Plans give training suggestions for the employee to take and increase skills in their current position.

D. Employee Aspired Occupation Development Plans.

These developmental plans come from the aspired areas of competencies the employee would like to explore.

E. Individual Development Plan template.

IDP templates contain all the necessary elements to track developmental progress successfully.

F. Competency Models (WMC).

Competency Models come from the core competencies the OPM requires in the Position Description and Functional Statement.

They are the core competencies for each position.

DELIVERABLES:

3. Phase 1 Occupation Series Documents

6.4 TASK 4: STATUS REPORTS

The Contractor shall provide (Deliverable 4) Project Status Reports identifying progress on tasks, relevant issues regarding the performance of the other tasks, expected due dates of deliverables, and accomplishments.

DELIVERABLES:

4. Project Status Reports

6.5 TASK 5 (OPTIONAL TASK): Develop Career Path Guides, Competency Models, Assessments, and Individual Development Plan templates.

Phase 2 Career Path Guides, Competency Models, Assessments:

The Contractor shall provide Phase 2 Occupation Series Documents (Deliverable 5) consulting and development support services to conduct additional occupation research and reviews, create career path guides, competency models, development plans and develop assessments (hiring and development) all to be used with the new IDP template the contractor creates if the original 10 occupations are completed before contract end date:

A. Creating 10 PD/Functional Statement Assessments provided by VA using Microsoft products.

1. Review proficiency level definitions.

2. Determine behavioral descriptions.

3. Determine a list of 5 proficiency levels with descriptions to use for assessments.

4. Draft assessments based on competencies and functional statements.

5. Determine gaps in occupations vs employees.

B. Creating 10 Career Path Guides provided by VA using Microsoft products.

1. Provide how to use resource areas.

2. Provide an overview of occupations.

3. Provide competencies for occupations.

4. Provide training for occupations.

C. Creating 10 Development Plans on selected occupations/functional statements provided by VA using Microsoft products.

1. Create training plan based on occupations for grade level and specialty areas.

2. Add value added training and human centered training.

3. Add shadow and mentor opportunities.

D. Creating 10 Employee Aspired Occupation Development Plans provided by VA using Microsoft products.

1. Create training plan for lateral or vertical interest position for employees to enhance skill sets and develop new competencies.

E. Creating Individual Development Plan template using Microsoft products.

1. Create Hiring assessment for USA Jobs announcements for WMC.

2. Create Development assessment for CDP career advisors to assist employees.

F. Creating 10 Competency Models for VA provided occupations/functional statements by Microsoft products for WMC.

1. Meet OPM Mosaic requirements.

2. Meet VHA certification and hiring requirements.

DELIVERABLES:

5: Phase 2 Optional Occupation Series Documents

6.6 TASK 6 Consulting Services for Career Development Programs:

Through virtual means (i.e. email, TEAMs, Zoom), the Contractor shall provide Subject Matter Expert Level Consulting services for Career Development Programs inclusive of, but not limited to career path development, GHAPT, TCF, Career Centers and Clinical program to strategize, create, maintain, or evaluate the programs. Sessions for consulting shall be provided during Consulting Sessions (Deliverable 6) virtually as noted above.

6.7 TASK 7 (OPTIONAL TASK): Transition Occupational Series Documents from manual to electronic versions of deliverables.

The Contractor shall provide Conversion of Documents (Deliverable 7) for all produced and completed documents resulting from the tasks within the PWS to appropriate Microsoft products format (i.e. PowerPoint, Excel Spreadsheet, PDF, MS Word) that can are compatible to be input to a VA SharePoint site, or another application tool once created or acquired by VA as determined by COR and upon completion, provide all documents to COR via electronic means.

DELIVERABLES:

7. Conversion of all Documents

7.0 DELIVERABLES TABLE

The table below reflects deliverables for tasking as described within the SOW:

CLIN/ SLIN

TASK #

& PWS

Section Del # Description QTY Delivery to

Delivery Method

Delivery Date

TASK 1

PWS 6.1 1

Kick-Off Meeting

1 COR/PM/CO

1(a)

Kick-Off Meeting

Attendance COR/PM/CO TEAMS

Within calendar days of award of Contract.

0001 1(b)

Kick-Off Meeting Agenda COR/PM/CO

Email/WORD or PDF Format

NLT 3

Business

Days Prior to

KO

Meeting

1(c)

Kick-Off Meeting Minutes COR/PM/CO

Email/WORD or PDF Format

NTL 5

Business

Days After

KO

Meeting

TASK 2

PWS 6.2 2

Contractor Project

Management Plan

(CPMP) 1 Unit COR/PM

Electronic format (i.e.

MS Format as required by

COR)

Draft by Kick-Off Meeting

CLIN/ SLIN

TASK #

& PWS

Section Del # Description QTY Delivery to

Delivery Method

Delivery Date

Final No later than business days after

Kick-Off meeting

TASK 3

PWS 6.3 3

Phase 1 Occupation Series Documents

Occupations COR/PM

Electronic format

5th business day of each month

TASK 4

PWS

6.4 4

Project Status

Reports 12 Units COR/PM

Electronic format (i.e.

MS Format as required by

COR)

5th business day of each month

Optional

TASK 5

PWS 6.5 5

Phase 2 Occupation Series Documents 10 Units COR/PM

Electronic format

5th business day of each month 0006 &

SLINS

0006AA/

0006AB

TASK 6

PWS 6.6 6

Consulting Meetings

Consulting Sessions as Required by

COR COR/PM

As Directed by COR – Virtual (i.e

TEAMS)

28th of each month

Optional

TASK 7

PWS 6.7 7

Conversion of all

Documents

Upon Completion of Document Sets COR/PM

As Directed by COR

28th of each month

8. Quality Control:

8.1 Contractor’s Quality Control Program: CPMP will develop and maintain an effective Internal Quality Control Program to ensure that services performed are in accordance with the

PWS.

8.2. Quality Assurance Surveillance Plan: The Contractor’s performance will be monitored using a formal QASP managed by CPMP. This plan will provide specific performance standards used for monitoring and measuring the Contractor’s performance. The PM/COR will perform three inspections of the services covered under the contract.

The PM/COR will certify receipt of services and/or goods and recommend acceptance of the services/deliverables. This process will be used for approval of payment for the Contractor’s invoices and will serve as the mechanism to document that the overall performance of the Contractor has been acceptable for the period covered by the invoice.

Performance Requirements Summary (PRS) The deliverables are shown below. The Performance Standard is defined as Work being completed within established timeframes.

Performance Indicator

Performance Standard

Minimum Acceptable Standard

Method of Surveillance

Frequency

PWS Ref: Complete 10 occupations to include career path guide, competency model and assessment

2 per month Weekly meeting held with contractor

Weekly

PWS Ref: Provide consulting services for programs.

Create IDP template

Responding within 2 days of request for consulting services. IDP to be created within the first month.

Weekly meeting held with contractor

Weekly

The Government will use the methods outlined in the QASP, below to perform surveillance of the Contractor performance:

METHODS OF SURVEILLANCE

Various methods exist to monitor performance. The COR shall use any or several of the surveillance methods listed below in the administration of this QASP.

1. 100% Inspection (evaluates all outcomes) - Each month, the COR shall review all the Contractor’s performance/generated documentation and document results accordingly. This assessment shall be placed in the COR’s eCOR file.

2. Random Sample - The COR shall review a random sampling of the Contractor’s performance/generated documentation and document your results accordingly. This assessment shall be placed in the COR’s eCOR file.

3. Validated Customer Complaint or Validated Below Average APL in a Specific Area - Each month, the COR shall review the Contractor’s performance/generated documentation corresponding to a validated customer complaint or validated inability to perform in accordance with the APL in a specific area and document your results accordingly. This assessment shall be placed in the COR’s eCOR file.

Requirement Performance

Standard

Surveillance Method Outcome

Incentive

DELIVERABLES

COMPLETION

STATUS

a. Notifies customer of potential problems 90% of the time.

100% Inspection of agreed upon deliverables per the approved schedule

Notification occurs within two business days of potential issue when known in advance or within 24 hours of urgent problems, where less than two business days exist

CPARS

performance rating

b. Submits Deliverables in accordance with the deliverable schedule within (+/-) five business days with no more than five incidents of performance slippage.

100% Inspection of deliverables

No more than five incidents of performance schedule slippage

CPARS

performance rating

WRITTEN

COMMUNICATION

Uses correct English grammar, punctuation, and spelling 95% of the time;

communicates information in a succinct and organized manner, produces written information that is appropriate for

Random Sampling

Written communication is consistently error-free and clear and concise so that the message is easily understood by others

CPARS

performance rating

Option Exercise the intended audience.

CUSTOMER

SUPPORT

Courteous and professional interactions to receive and fill task order deliverables and in providing order status.

Customer (VA) support satisfaction, having no more than 5 incidents of dissatisfaction.

Customer Feedback and Complaints based on interactions with the Contractor

Customer problems are resolved within the same business day; no more than 5 incidents spent by Government personnel in providing corrective feedback on unacceptable customer service/professionalism

CPARS

performance rating

Option Exercise

DOCUMENTING PERFORMANCE

Poor performance may result in the issuance of a Contractor Discrepancy Report (CDR). The contractor’s performance on this TO will be reported to the Contractor Performance Assessment Reporting System (CPARS) on an annual basis. The CO and COR will make use of information from CDRs, as well as any additional knowledge and information available to them with respect to the contractor’s performance, to complete the CPARS.

The Government will not pay for services that do not conform or do not meet performance standards or have not been properly rendered.

The Contractor will be given an opportunity to correct non-conforming services at no cost to the Government if the services are non-conforming or the contract requirement is unacceptable.

Acceptable Performance The Government shall document acceptable performance in accordance with the chart above. Any report may become a part of the supporting documentation for any contractual action.

Unacceptable Performance When unacceptable performance occurs, the COR shall inform the CO. This will always be in writing although when circumstances necessitate immediate verbal communication, that communication will be followed in writing. The COR shall document the discussion and place it in the COR file.

When the CO determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the Contractor's program manager.

The Contractor shall acknowledge receipt of the CDR in writing to the CO. The CDR will state how long after receipt the Contractor must take corrective action. The CDR will also specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CO shall review the Contractor's corrective action plan to determine acceptability.

9. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI):

Not applicable.

10. Period of Performance: The period of performance shall be (Estimated) from May 2024 through April 2025 For Base Period. Optional Tasks Periods may be exercised at any time within the active period of the Contract and end no later than 3 Months after end of the Base Period.

11. Place of Performance: Work shall be performed at the Contractor’s site and through

TEAMS.

12. OBSERVANCE OF GOVERNMENT HOLIDAYS

There are 11 Federal holidays set by law (USC Title 5 Section 6103). If any of the below falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday.

New Year's Day January 1 Martin Luther King's Birthday Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day First Monday in September Indigenous Peoples’ Day Second Monday in October Veterans Day November 11 Thanksgiving Fourth Thursday in November Christmas Day December 25

13. Type of Contract:

The Contract shall be Firm Fixed Price - FFP

14. Travel: Travel and per diem are cost reimbursable items, and they shall be reimbursed in accordance with VA/Federal Travel Regulations (FTR). Each Contractor invoice must include copies of all receipts that support the travel costs claimed in the invoice. The Contractor is only entitled to actual cost spent while on travel that falls within the perimeters as set forth within the FTR, to include food. Travel must be pre-approved by the Contracting Officer (CO). Travel must be priced separately in the price schedule. Local travel within a 50-mile radius from the Contractor’s facility is considered the cost of doing business and will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience and daily travel to and from work at the Contractor’s facility will not be reimbursed. Travel, subsistence, and associated labor charges for travel time for travel beyond a 50-mile radius of the Contractor’s facility are authorized on a case-by-case basis and must be pre-approved by the CO.

The Government anticipates no travel under this PWS to include attending contract-related meetings through the period of performance.

15. Formal Acceptance or Rejection of Deliverables: The Government will review each deliverable within five business days and provide comments. The Contractor shall have five business days to incorporate the Government’s comments and make appropriate revisions.

16. MATERIAL OTHER DIRECT COSTS (ODCs) Not applicable

17. Changes to the PWS Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer (CO) and modification to the Contract if applicable. A copy of each change will be kept in a contract folder, along with all other products of the contract.

18. Security Requirements:

The Contractor will not use VHA-provided equipment, nor access the network. The C&A requirements do not apply, and that a Security Accreditation Package is not required.

18. SECTION 508 COMPLIANCE

a. NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PROCUREMENTS (SECTION 508)

On January 18, 2017, the Architectural and Transportation Barriers Compliance Board (Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

18.1 SECTION 508 – INFORMATION AND COMMUNICATION

TECHNOLOGY (ICT) STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines. A printed copy of the standards will be supplied upon request.

Federal agencies must comply with the updated Section 508 Standards beginning on January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board:

https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)

E204 Functional Performance Criteria E206 Hardware Requirements E207 Software Requirements E208 Support Documentation and Services Requirements

18.2 COMPATIBILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

19. KEY PERSONNEL

Skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this effort. These are defined as individuals crucial to the successful performance of the orders issued and the programs being supported by those orders and are those persons identified as key personnel in accordance with solicitation requirements. The Contractor agrees that the key personnel shall not be removed, diverted, or replaced from work without a minimum of 30-days prior notification to and approval by the CO. Contractor staff shall be fully qualified and have the level of experience necessary to accomplish the requirements of this PWS. Suitable replacements shall be provided for any replacements of Key Personnel with no less than equal or higher qualifications. For this requirement, all below personnel are Key Personnel.

The following Key Personnel are applicable to this requirement:

Senior Career Advisor/ Specialist

Provides functional and technical direction in the design, development, and implementation of career path guides, competency models, assessments (hiring/development), development plans. Supports the Government in overall program management policies, Min Education

BA/BS degree https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule plans, requirements, execution, control, and direction of the work and associated resources involved in providing career management. This includes program reviews requiring systematic ways of assessing the quality of current and future career management programs to determine ways to improve career development programs. This includes measuring success, outcomes, and improvement programs. In some instances, shall assist VHA in executing program operations to meet the previously established goals and objectives. In addition, shall provide input on the program evaluation and improvement of the organization and management of projects and programs to increase productivity/program performance. Shall also assist VHA in the identification of program resources and assist in the development of program reports. Shall have proven and extensive experience in a large-scale integrated career development program with substantive programs focused on Veterans’ health care and outreach, preferred.

Min Years of Experience

5 Years

Career Advisors/ Specialists

Career Specialists providing formal career assessment expertise specifically for career abilities, skills, and competencies for all VHA occupations.

Min Education

BA/BS degree

Min Years of Experience

2 Years

Substitution of Personnel: Any personnel the Contractor offers as substitutes shall have the ability and qualifications, including educations and experience, equal to or better than the key personnel whose biography was submitted with the successful proposal. Requests to substitute personnel shall be provided to the CO for review and approval. All notification of substitutions in key personnel shall be submitted to the CO at least 15 calendar days prior to making and change in key personnel, to the maximum extent practicable. The notification shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitution. The Contractor shall submit a complete biography/resume for the proposed substitute, and any other information requested by the CO. The CO will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof in writing.

20. IT Security

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 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).

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

a. 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) The 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) The 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 preapproved 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 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.

7. 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. 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.

9. TRAINING

a. 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.]

b. 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.

c. 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.

a. NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) PROCUREMENTS (SECTION 508)