Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 18, 2016 FBO #5290
DOCUMENT

R -- EMAP Maintenance version 1.4 and 2.0 Please only respond if your company can provide the services This is for informational purposes only.Due by 5/20 @12pm es - Attachment

Notice Date

5/16/2016
 

Notice Type

Attachment
 

NAICS

611430 — Professional and Management Development Training
 

Contracting Office

Department of Veteran Affairs;SAO East;PCAE STL Contracting Officer;11152 South Towne Square;Saint Louis MO 63123
 

ZIP Code

63123
 

Solicitation Number

VA77716N0119
 

Response Due

5/20/2016
 

Archive Date

5/30/2016
 

Point of Contact

Wanakee Strickland
 

E-Mail Address

4-6656
 

Small Business Set-Aside

Total Small Business
 

Description

U.S. Department of Veterans Affairs PERFORMANCE WORK STATEMENT 1. Title of Contract: EMAP 2. Background: The U.S. Department of Veterans Affairs (VA) requires performance engineering services to support improvements in events management, a critical aspect of training and administration throughout a complex organization and disparate workforce.. Changes in the events management capability will ensure VA can process, approve, and account for expenditures and decisions that affect performance and costs within the VA mission. 3. Objectives: The VA will streamline events management processing for individual employees and other VA offices, enhance quality of business cases for rigorous analytic review and auditing, incorporate multiple new management functions during and after events, organize adaptive approval processing for accurate authority to execute funds, and make participation and costs highly accountable to respective offices and stakeholders. 4. Scope: The services include: "Conforming changes to EMAP 1.4 and EMAP 2.0 to meet updated guidance on conference management policy reflected in form changes, and to the extend required, additional fields in the EMAP tool for 1.4 and 2.0. "Migration and integration of EMAP version 2.0 into the VA operational environment. "Functional maintenance and support of all operational tools (regardless of versions) used in this PWS. 5. EMAP Services: The contractor shall provide services in support of changes to the capability of VA events management, including ARC methods of configuring applications to organizational modeling and change activities. Task 5.1 VA requires on-going support of its operational tools in events management. The contractor shall provide functional maintenance and support of all operational tools (regardless of versions) used in this PWS, including the collection, recording, analysis, reporting, and resolution of functional errors. Contractor will be responsible for addressing functional issues submitted by users for resolution. Contractor will provide email responses and facilitate resolutions within five (5) business days of receiving each user submission. The period of performance (POP) for this Task 5.1, shall be a total of 150 days from the date of the award (TASK 5.1 POP). This task does not include the technical and operational support that is required to be provided by VA in the maintenance of their technical environment and the server environment that hosts the EMAP versions. The task does not include a user help desk or any training. EES staff will continue to address user error issues and make administrative changes requested by users related to new locations and permissions. Deliverable 5.1.1: The Contractor shall keep and update a log of all user functional issues reported by users during the Task 5.1 POP, which shall include how they were resolved. The updated log shall be part of each required Contractor's monthly progress report. Task 5.2 The Contractor shall provide minimal changes to EMAP 1.4 and corresponding changes to EMAP 2.0 that reflect recent changes in VA conference management policy. In addition, the Contractor shall make minimal, operationally conforming changes to EMAP 2.0 to align fields, work flow, and reporting capability with current EES reporting practices. Changes to fields and reports shall be consistent with refining existing architecture and reporting to meet operational requirements in place at time of delivery under VA Contract VA777-15-C-0009. All required minimal changes shall be listed in sufficient detail by EES, agreed to by Contractor, and memorialized in the Contractor's Contractor Project Management Plan. Deliverable 5.2.1: The Contractor shall deliver to the VA PM and VA COR a written EMAP Change Requirements Report (EMAP CRC), as an electronic document, describing all changes to tools resulting from the Task 5.2 change requirements. The contractor shall transmit the EMAP CRC no later than five (5) workdays following the end of the PWS. Task 5.3: VA requires a migration of the copy of the EMAP version 2.0 case-level event management processing tool that was delivered to the VHA pursuant to VA Contract VA777-15-C-0009 and its Mod P00001. VA requires that EMAP 2.0 be migrated and integrated into the VA environment so that it can be used as the operational event management processing tool beginning with FY16 data. The Contractor shall work with EES OI&T to facilitate the migration of EMAP 2.0 into a yet to-be-specified technical server environment and internal operations established by EES within the VA firewall. In connection with Task 5.3, the VA shall provide the Contractor with appropriate security clearances for its personnel to have as-needed access to the OI&T facility that houses the EMAP 2.0 server environment. The VA shall also provide adequate and unfettered GFE computer laptop access to the EMAP 2.0 environment. EES OI&T shall provide data feeds to the Contractor's cloud development environment; and shall appoint a dedicated EES OI&T administrator to work with all issues related to both EMAP versions. Deliverable 5.3.1: The Contractor, with assistance from EES Events and EES OI&T, shall complete the following: a) Clean, complete and migrate existing FY 16 data from EMAP 1.4 to FY 2.0; b) Reconcile field names between EMAP 1.4 and EMAP 2.0; c) Add in field controls (e.g. size, auto complete, trigger, required completes, functions) to FY 16 not generated in EMAP 1.4 but needed in EMAP 2.0; d) Convert document tagging controls in EMAP 1.4 to those needed in EMAP 2.0; e) Conform storage function of EMAP 2.0 to VA environment SharePoint storage; f) Update forms and fields in 1.4 and 2.0 to new requires per Task 5.2; g) Facilitate operational testing of EMAP 2.0 and address any functional issues in EMAP 2.0's ability to manage data access and storage, document development, document storage and retrieval, embedded signatures, auditor retrievals, employee access, and performance analyses and reports; h)create and provide functional EMAP 2.0 congressional reports; i)ensure analytic tool data is efficient and accurate(i.e. dashboard, charts, score cards, etc.). Deliverable NumberDeliverable Due 5.1.1The Contractor shall keep and update a log of all user functional issues reported by users during the Task 5.1 POP, which shall include how they were resolved. The updated log shall be part of each required Contractor's monthly progress reportMonthly 5.2.1The Contractor shall deliver to the VA PM and VA COR a written EMAP Change Requirements Report (EMAP CRC), as an electronic document, describing all changes to tools resulting from the Task 5.2 change requirements. The contractor shall transmit the EMAP CRC no later than five (5) workdays following the end of the Task. 5 Days after end of Task 5.3.1The Contractor, with assistance from EES Events and EES OI&T, shall complete the following: a) Clean, complete and migrate existing FY 16 data from EMAP 1.4 to FY 2.0; b) Reconcile field names between EMAP 1.4 and EMAP 2.0; c) Add in field controls (e.g. size, auto complete, trigger, required completes, functions) to FY 16 not generated in EMAP 1.4 but needed in EMAP 2.0; d) Convert document tagging controls in EMAP 1.4 to those needed in EMAP 2.0; e) Conform storage function of EMAP 2.0 to VA environment SharePoint storage; f) Update forms and fields in 1.4 and 2.0 to new requires per Task 5.2; g) Facilitate operational testing of EMAP 2.0 and address any functional issues in EMAP 2.0's ability to manage data access and storage, document development, document storage and retrieval, embedded signatures, auditor retrievals, employee access, and performance analyses and reports; h)create and provide functional EMAP 2.0 congressional reports; i)ensure analytic tool data is efficient and accurate(i.e. dashboard, charts, score cards, etc.).End of Period of Performance 6. Period of Performance: The period of performance shall be twelve (12) months from date of award with one option year. 7. Place of Performance: Work shall be performed at the contractor's site. On occasion, the contractor may be required to attend meetings at various Government sites throughout the performance period. 8. Government Recognized Holidays: There are 10 Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date: New Year's DayJanuary 1 Independence DayJuly 4 Veterans DayNovember 11 Christmas DayDecember 25 If any of the above 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. The other six holidays are set by a day of the week and month: Martin Luther King's BirthdayThird Monday in January Washington's BirthdayThird Monday in February Memorial DayLast Monday in May Labor DayFirst Monday in September Columbus DaySecond Monday in October ThanksgivingFourth Thursday in November 9. Type of Contract: The Government anticipates award of a Firm Fixed-Price contract. 10. General Requirements: For every document that describes tasks, the contractor shall identify necessary subtasks, and shall write of tasks and subtasks in layperson language, avoiding statistical and other technical terminology, unless such terminology is defined in a glossary of terms. 11. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure that services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. The contractor's quality control program is the means through which the work will comply with the requirement of the contract. As a minimum requirement, the contractor shall develop quality control procedures that address the areas identified in the Quality Assurance Surveillance Plan (QASP). After acceptance of the quality control plan, the contractor shall receive the contracting officer's acceptance in writing of any proposed change to his or her Quality Control system. 12. Contractor Experience Requirements as Key Personnel: Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as "Key Personnel" and are those persons whose resumes are submitted and marked by the vendor as "Key Personnel." Substitutions shall only be accepted if in compliance with the "Substitution of Key Personnel" provision identified below. The Contracting Officer may notify the Contractor and request immediate removal of any personnel assigned to any task by the Contractor who are deemed to have a conflict of interest with the Government, or if the performance is deemed to be unsatisfactory. The reason for removal shall be documented, and replacement personnel shall be identified within three business days of the notification. Employment and staffing difficulties shall not be justification for failure to meet established schedules. 12.1. Substitution of Key Personnel: All Contractor requests for approval of substitutions hereunder shall be submitted, in writing, to the COR and the Contracting Officer at least thirty calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. New personnel shall not commence work until all necessary security requirements have been fulfilled and resumes provided and accepted. The COR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing. 13. Formal Acceptance or Rejection of Deliverables: The Government will review within fifteen (15) workdays each deliverable and provide feedback/comments. The contractor shall have five business days to incorporate feedback/comments and make appropriate revisions. The contractor shall provide the revised version of each deliverable within two days to the Contracting Officer's Representative (COR). The COR will review and determine final acceptance by the Government. The COR will notify the contractor of final acceptance within five (5) workdays. 14. Changes to The PWS: Any changes to this PWS shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor. 15. Travel: Travel and per diem are cost-reimbursable items and 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's Representative (COR). 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 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 COR. Travel costs are not currently included in this contract. In the event travel is required, this contract will require modification to add travel dollars. The Government anticipates travel under this PWS to include program-related meetings or conferences during the period of performance. 16. 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 that have been generated by the contractor in the performance of this contract are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer at the conclusion of the contract. The Contracting Officer 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 contract. No information shall be released by the contractor. Any request presented to the contractor for information relating to this contract shall be submitted by the contractor to the Contracting Officer 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 Contracting Officer. 17. Government Furnished Property: Contractors will be provide four (4) laptops for use under this contract. 18. Cloud Storage Requirements: The Cloud Storage Server must be certified under the Federal Risk and Authorization Management Program (FedRAMP) at a security categorization of low. The data collected will be non-sensitive. Cloud Hosting Requirements: The Contractor shall provide a hosting solution based on a Cloud Computing Model as defined in NIST SP 800-145, "The NIST Definition of Cloud Computing". The cloud model defined in NIST SP 800-145 is composed of five essential characteristics, three service models, and four deployment models. The hosting solution provided by the Contractor should possess all of the essential characteristics of cloud computing specified in NIST SP 800-145. The Contractor shall identify the proposed cloud service model and deployment model to meet VA security requirements. The Contractor shall ensure the hosting solution is certified to meet the requirements of the Federal Information Security Managements Act (FISMA) at a Security Categorization of Low. The Contractor shall provide a hosting solution with secure computer processing, memory and storage that meets disaster recovery and backup requirements, and virtualization to optimize availability and cost effectiveness. NIST publications link: http://csrc.nist.gov/publications/. Additional Cloud Computing Terms and Conditions: a. The Contractor shall provide the Contracting Officer, designated representative of the Contracting Officer, and representatives of the agency's Office of Inspector General, full and free access to the Contractor's (and Subcontractors') facilities, installations, operations documentation, databases, and personnel used for contract hosting services. This access shall be provided to the extent required to carry out audits, inspections, investigations, or other reviews to ensure compliance with contractual requirements for IT and information security, and to safeguard against threats and hazards to the integrity, availability, and confidentiality of agency information in the possession or under the control of the Contractor (or Subcontractor). b. The Contractor (and subcontractors) shall fully cooperate with all audits, inspections, investigations, or other reviews conducted by or on behalf of the Contracting Officer or the agency Office of Inspector General as described in subparagraph (a). Full cooperation includes, but is not limited to, prompt disclosure (per agency policy) to authorized requests of data, information, and records requested in connection with any audit, inspection, investigation, or review, making employees of the Contractor available for interview by auditors, inspectors, and investigators upon request, and providing prompt access (per agency policy) to Contractor facilities, systems, data and personnel to the extent the auditors, inspectors, and investigators reasonably believe necessary to complete the audit, inspection, investigation, or other review. The Contractor's (and any Subcontractors') cooperation with audits, inspections, investigations, and reviews conducted under this clause will be provided at no additional cost to the Government. c. In the event of any computer security incident (as defined in NIST SP 800-61, Computer Security Incident Handling Guide), including but not limited to those constituting an actual or potential threat or hazard to the integrity, availability, or confidentiality of agency information in the possession or under the control of the Contractor (or Subcontractor), or to the function of information systems operated by the Contractor (or Subcontractor) in the performance of this contract, the Contractor shall preserve such data, records, logs and other evidence which are reasonably necessary to conduct a thorough investigation of any computer security incident. d. In the event of any computer security incident as described in paragraph (c) above, the Contractor shall promptly notify the designated agency representative about the incident. This notification requirement is in addition to any other notification requirements which may be required by law or this contract. Established Federal agency timeframes for reporting security incidents to the United States Computer Emergency Readiness Team (US-CERT), although not exhaustive, serve as a useful guideline for determining whether reports under this paragraph are made promptly. e. The Contractor (or subcontractor) shall timely produce to the requestor, with the requestor being the Contracting Officer, a representative of the Contracting Officer, or the agency Office of Inspector General, Government data, information, or records under the control of or in the possession of the Contractor pursuant to this contract, which the Agency, including the Office of Inspector General, may request in furtherance of other audits, inspections, investigations, reviews or litigation in which the Agency or the Office of Inspector General is involved. Requests for production under this paragraph shall specify a deadline not less than 10 days for compliance which will determine whether response to the request has been made in a timely manner. Unless expressly provided otherwise elsewhere in this contract, the production of data, information, or records under this paragraph will be at no additional cost to the Government. f. The Contractor shall include the substance of this clause, including this paragraph (f) in any subcontract which would require or otherwise result in Subcontractor employees having access to agency information in the possession or under the control of the Contractor (or Subcontractor), or access to information systems operated by the Contractor (or Subcontractor) in the performance of this contract. g. The Contractor (or subcontractor) shall ensure that all hosting services pertaining to this contract are performed within the United States of America, including the storage of agency data, information, and records under the control of or in the possession of the Contractor pursuant to this contract. h. In support of the investigation of computer security incidents as described in paragraph (c), above, as well as other investigations under the purview of the Agency, to include the Office of Inspector General, the Contactor will maintain the capability to capture full-content network traffic between the Internet and any information systems operated by the Contractor (or subcontractor) in the performance of this contract. When permissible under applicable law, the Contractor shall initiate the capture of network traffic, if not already occurring, at the request of the Contacting Officer, a representative of the Contracting Officer, or the agency Office of Inspector General, or shall provide access to the Contractor's facility and network infrastructure and provide technical assistance to enable the installation of Agency monitoring hardware necessary to collect the pertinent network traffic. i. The Contractor understands that users accessing information systems operated by the Contractor in the performance of this contract have no reasonable expectation of privacy regarding any communications or data transiting or stored on the information system. The Contractor shall obtain consent from all users accessing data and information systems maintained or operated by the Contractor under this contract, to monitoring and disclosure of any communications or data transiting or stored on these information systems for any purpose, by providing users with Agency-approved network banners at all logins and points of access, and by incorporating such notice in its user Terms of Services. 20. Security: The following are requirements of VA for information security. The vendor's system will host non-sensitive VA information to include conference packages which contain conference name, number of attendees, justification for face to face, total cost, RCE and CCO signatures of approval. VA Information and Information System Security/Privacy Language for Contracted Personnel from VA Handbook 6500.6, Contract Security, Appendix C: 1.GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security. 2.ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS a.A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b.All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c.Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d.Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. e.The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. 3. VA INFORMATION CUSTODIAL LANGUAGE a.Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b.VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c.Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. d.The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. e.The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. f.If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g.If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. h.The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i.The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request. j.Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response. k.Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. l.For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. 4. SECURITY INCIDENT INVESTIGATION a.The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. b.To the extent known by the contractor/subcontractor, the contractor/subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. c.With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. 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. 5. 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. 6. 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 relating to access to VA information and information systems; (2)Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security/privacy training; and (3)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 certificate 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 Contractor 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. CONTRACTOR PERSONNEL SECURITY a.Background Investigations and Special Agreement Checks (SAC) (1)All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information and VA information systems. The position sensitivity for this effort has been designated as Moderate and the level of background investigation is MBI. This requirement is applicable to all subcontractor personnel requiring the same access. (2) The contractor employee is required to submit all requested paperwork to appropriate VA staff for the background investigation within requested timeframe. b.Contractor Responsibilities (1) Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. Security and Investigations Center staff will verify the information and advise the contracting officer whether access to the computer systems can be authorized. (2) 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 without the use of an interpreter. (3) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. (4) Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. (5) The contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident. c.Government Responsibilities (1) The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses. (2) Upon receipt, the VA Security and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. (3) The VA facility will pay for investigations conducted by the OPM. (4) The VA Security and Investigations Center (07C) will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM. INTERNET/INTRANET a.The contractor shall comply with Department of Veterans Affairs (VA) Directive 6102 and VA Handbook 6102 (Internet/Intranet Services). b.VA Directive 6102 sets forth policies and responsibilities for the planning, design, maintenance support, and any other functions related to the administration of a VA Internet/Intranet Service Site or related service (hereinafter referred to as Internet). This directive applies to all organizational elements in the Department. This policy applies to all individuals designing and/or maintaining VA Internet Service Sites; including but not limited to full time and part time employees, contractors, interns, and volunteers. This policy applies to all VA Internet/Intranet domains and servers that utilize VA resources. This includes but is not limited to va.gov and other extensions such as, ".com,.edu,.mil,.net,.org," and personal Internet service pages managed from individual workstations. c.VA Handbook 6102 establishes Department-wide procedures for managing, maintaining, establishing, and presenting VA Internet/Intranet Service Sites or related services (hereafter referred to as "Internet"). The handbook implements the policies contained in VA Directive 6102, Internet/Intranet Services. This includes, but is not limited to, File Transfer Protocol (FTP), Hypertext Markup Language (HTML), Simple Mail Transfer Protocol (SMTP), Web pages, Active Server Pages (ASP), e-mail forums, and list servers. d. VA Directive 6102 and VA Handbook 6102 are available at: Internet/Intranet Services Directive 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=409&FType=2 Internet/Intranet Services Handbook 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=410&FType=2 e. In addition, any technologies that enable a Network Delivered Application (NDA) to access or modify resources of the local machine that are outside of the browser's "sand box" are strictly prohibited. Specifically, this prohibition includes signed-applets or any ActiveX controls delivered through a browser's session. ActiveX is expressly forbidden within the VA while.NET is allowed only when granted a waiver by the VA CIO *PRIOR* to use. f.JavaScript is the preferred language standard for developing relatively simple interactions (i.e., forms validation, interactive menus, etc.) and Applets (J2SE APIs and Java Language) for complex network delivered applications. Trusted Internet Connection (TIC) If this contract goes past January 1, 2016 and falls under the Trusted Internet Connection (TIC) requirement will need to comply with TIC at that time per the Deputy Assistant Secretary for Information Security Memo, subject: External Connections through TIC (VAIQ# 7615078), date: July 10, 2015. Per the memo any external connections that do not comply will be shut down. 52.224-1 Privacy Act Notification. As prescribed in 24.104, insert the following clause in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function: Privacy Act Notification (Apr 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. 52.224-2 Privacy Act. As prescribed in 24.104, insert the following clause in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to accomplish an agency function: Privacy Act (Apr 1984) (a) The Contractor agrees to- (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies- (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
 

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Document(s)

Attachment
 

File Name: VA777-16-N-0119 VA777-16-N-0119.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2737135&FileName=VA777-16-N-0119-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2737135&FileName=VA777-16-N-0119-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN04117775-W 20160518/160516234246-1ef7505b18b834aede15010ab9e28d68 (fbodaily.com)
 

Source

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