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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 02, 2016 FBO #5397
DOCUMENT

X -- PITC OFF SITE MEDIA STORAGE - Attachment

Notice Date
8/31/2016
 
Notice Type
Attachment
 
NAICS
493110 — General Warehousing and Storage
 
Contracting Office
Strategic Acquisition Center - Frederick;Department of Veterans Affairs;321 Ballenger Center Drive, Suite 125;Frederick MD 21703
 
ZIP Code
21703
 
Solicitation Number
VA119A16R0289
 
Response Due
8/30/2016
 
Archive Date
9/4/2016
 
Point of Contact
Sandra.martz@va.gov
 
E-Mail Address
SANDRA.MARTZ@VA.GOV
(Sandra.Martz@va.gov)
 
Small Business Set-Aside
Service-Disabled Veteran-Owned Small Business
 
Description
STATEMENT OF WORK Department of Veterans Affairs Philadelphia Information Technology Center (VA PITC) 5000 Wissahickon Avenue Philadelphia, PA 19144 Off-Site Storage of Magnetic Tapes/CDs/DVSs DESCRIPTION OF SERVICES A. The Department of Veterans, Information Technology Center, Philadelphia (VA PITC) requires off-site storage for approximately 5,500 magnetic tapes/CDs/DVDs (LTO-2, LTO-4, LTO-5, 3480, 3592, DLT, Magstar, CD/DVDs) per year. The contractor shall provide secured storage, personnel, equipment and resources necessary to transport the media for VA PITC at 5000 Wissahickon Ave., Philadelphia, PA 19144 and subaccount for 882 TJ Jackson Drive, Falling Waters, WV 25419, at a storage facility located within 75 miles of the Disaster Recovery Site which is located at Building 215, First Avenue North of 22nd Street, Hines, IL 60141. A base and four (4) option years is being requested. B. Backup tapes for shipment are generated on a daily, weekly and monthly basis. C. The contractor will adhere to all security policies set forth by the VA. These documents are available upon request at the VA PITC. D. The government reserves the right to make unannounced on-site inspections of the Contractor's facilities to ensure compliance with this contract. APPLICABLE DOCUMENTS Documents referenced or germane to this Performance Work Statement (PWS) are listed below. In the performance of the tasks associated with this PWS, the Contractor shall comply with the following: 1.44 U.S.C. § 3541, "Federal Information Security Management Act (FISMA) of 2002" 2.Federal Information Processing Standards (FIPS) Publication 140-2, "Security Requirements For Cryptographic Modules" 3.FIPS Pub 201-2, "Personal Identity Verification of Federal Employees and Contractors," August 2013 4.10 U.S.C. § 2224, "Defense Information Assurance Program" 5.5 U.S.C. § 552a, as amended, "The Privacy Act of 1974" 6.42 U.S.C. § 2000d "Title VI of the Civil Rights Act of 1964" 7.VA Directive 0710, "Personnel Suitability and Security Program," June 4, 2010, http://www1.va.gov/vapubs/ 8.VA Handbook 0710, Personnel Suitability and Security Program", September 10, 2004, http://www1.va.gov/vapubs/ 9.VA Directive and Handbook 6102, "Internet/Intranet Services," July 15, 2008 10.36 C.F.R. Part 1194 "Electronic and Information Technology Accessibility Standards," July 1, 2003 11.OMB Circular A-130, "Management of Federal Information Resources," November 28, 2000 12.32 C.F.R. Part 199, "Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)" 13.An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule, October 2008 14.Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998 15.Homeland Security Presidential Directive (12) (HSPD-12), August 27, 2004 16.VA Directive 6500, "Managing Information Security Risk: VA Information Security Program," September 20, 2012 17.VA Handbook 6500, "Risk Management Framework for VA Information Systems - Tier 3: VA Information Security Program," March 10, 2015 18.VA Handbook 6500.1, "Electronic Media Sanitization," November 03, 2008 19.VA Handbook 6500.2, "Management of Data Breaches Involving Sensitive Personal Information (SPI)", January 6, 2012 20.VA Handbook 6500.3, "Assessment, Authorization, And Continuous Monitoring Of VA Information Systems," February 3, 2014 21.VA Handbook, 6500.5, "Incorporating Security and Privacy in System Development Lifecycle", March 22, 2010 22.VA Handbook 6500.6, "Contract Security," March 12, 2010 23.VA Handbook 6500.8, "Information System Contingency Planning", April 6, 2011 24.Project Management Accountability System (PMAS) portal (reference PWS References -Technical Library at https://www.voa.va.gov/pmas/) 25.OI&T ProPath Process Methodology (reference process maps at http://www.va.gov/PROPATH/Maps.asp and templates at http://www.va.gov/PROPATH/Templates.asp NOTE: In the event of a conflict, OI&T ProPath takes precedence over other processes or methodologies. 26.One VA Technical Reference Model (TRM) (reference at http://www.va.gov/trm/TRMHomePage.asp) 27.National Institute Standards and Technology (NIST) Special Publications 28.VA Directive 6508, VA Privacy Impact Assessment, October 3, 2008 29.VA Directive 6300, Records and Information Management, February 26, 2009 30.VA Handbook, 6300.1, Records Management Procedures, March 24, 2010 31.OMB Memorandum, "Transition to IPv6", September 28, 2010 32.VA Directive 0735, Homeland Security Presidential Directive 12 (HSPD-12) Program, February 17, 2011 33.VA Handbook 0735, Homeland Security Presidential Directive 12 (HSPD-12) Program, March 20, 2014 34.OMB Memorandum M-06-18, Acquisition of Products and Services for Implementation of HSPD-12, June 30, 2006 35.OMB Memorandum 05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractors, August 5, 2005 36.OMB memorandum M-11-11, "Continued Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractors, February 3, 2011 37.OMB Memorandum, Guidance for Homeland Security Presidential Directive (HSPD) 12 Implementation, May 23, 2008 38.Federal Identity, Credential, and Access Management (FICAM) Roadmap and Implementation Guidance, December 2, 2011 39.NIST SP 800-116, A Recommendation for the Use of Personal Identity Verification (PIV) Credentials in Physical Access Control Systems, November 20, 2008 40.OMB Memorandum M-07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information, May 22, 2007 41.NIST SP 800-63-2, Electronic Authentication Guideline, August 2013 42.Draft NIST Special Publication 800-157, Guidelines for Derived PIV Credentials, March 2014 43.NIST Special Publication 800-164, Guidelines on Hardware-Rooted Security in Mobile Devices (Draft), October 2012 44.Draft National Institute of Standards and Technology Interagency Report (NISTIR) 7981 Mobile, PIV, and Authentication, March 2014 45.VA Memorandum, VAIQ #7100147, Continued Implementation of Homeland Security Presidential Directive 12 (HSPD-12), April 29, 2011 (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514 46.VA Memorandum, VAIQ # 7011145, VA Identity Management Policy, June 28, 2010 (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514) 47.IAM Identity Management Business Requirements Guidance document, May 2013, (reference https://www.voa.va.gov/documentlistpublic.aspx?NodeID=514) 48.Trusted Internet Connections (TIC) Reference Architecture Document, Version 2.0, Federal Interagency Technical Reference Architectures, Department of Homeland Security, October 1, 2013, https://www.fedramp.gov/files/2015/04/TIC_Ref_Arch_v2-0_2013.pdf 49.OMB Memorandum M-08-05, "Implementation of Trusted Internet Connections (TIC), November 20, 2007 50.OMB Memorandum M-08-23, Securing the Federal Government's Domain Name System Infrastructure, August 22, 2008 51.VA Memorandum, VAIQ #7497987, Compliance - Electronic Product Environmental Assessment Tool (EPEAT) - IT Electronic Equipment, August 11, 2014 (reference Document Libraries, EPEAT/Green Purchasing Section, https://www.voa.va.gov/documentlistpublic.aspx?NodeID=552) 52.Sections 524 and 525 of the Energy Independence and Security Act of 2007, (Public Law 110-140), December 19, 2007 53.Section 104 of the Energy Policy Act of 2005, (Public Law 109-58), August 8, 2005 54.Executive Order 13514, "Federal Leadership in Environmental, Energy, and Economic Performance," October 5, 2009 55.Executive Order 13423, "Strengthening Federal Environmental, Energy, and Transportation Management," January 24, 2007 56.Executive Order 13221, "Energy-Efficient Standby Power Devices," August 2, 2001 57.VA Directive 0058, "VA Green Purchasing Program", July 19, 2013 58.VA Handbook 0058, "VA Green Purchasing Program", July 19, 2013 59.Office of Information Security (OIS) VAIQ #7424808 Memorandum, "Remote Access", January 15, 2014, https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28 60.Clinger-Cohen Act of 1996, 40 U.S.C. §11101 and §11103 61.VA Directive 6071, Project Management Accountability System (PMAS), February 20, 2013 62.VA Memorandum, "Implementation of Federal Personal Identity Verification (PIV) Credentials for Federal and Contractor Access to VA IT Systems", (VAIQ# 7614373) July 9, 2015, https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28 63.VA Memorandum "Mandatory Use of PIV Multifactor Authentication to VA Information System" (VAIQ# 7613595), June 30, 2015, https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28 64.VA Memorandum "Mandatory Use of PIV Multifactor Authentication for Users with Elevated Privileges" (VAIQ# 7613597), June 30, 2015; https://www.voa.va.gov/DocumentListPublic.aspx?NodeId=28 PERFORMANCE DETAILS The contractor shall provide the VA PITC with daily (Sunday thru Saturday) receipt, handling, and processing of the backup media received via United Parcel Service (UPS) shipping from VA PITC to a secure facility within a 75 mile radius of the VA PITC's Disaster Recovery Site located at Building 215, First Avenue North of 22nd Street, Hines IL 60141. Weekend pickup and delivery services shall be provided for on Saturdays. Media collected on the Saturday pickup will be shipped via UPS, at VA PITC expense, to the secure facility within 75 miles of Hines, IL. Emergency service shall be available 24 hours a day, 7 days a week. The contractor shall store media in accordance with retention periods designated by the VA PITC. The average retention period is 30 days. Expected volumes are as follows: A.Daily:Four (4) medium cases B.WeeklyThree (3) medium cases (Saturday pickup and delivery) C. MonthlyThree (3) medium cases PERFORMANCE PERIOD The period of performance shall be one year base with four (4) additional one (1) year option periods covering the following periods: Base Period: Oct 1, 2016 (or time of award) to September 30, 2017 Option Period 1: Oct 1, 2017 to September 30, 2018 Option Period 2: Oct 1, 2018 to September 30, 2019 Option Period 3: Oct 1, 2019 to September 30, 2020 Option Period 4: Oct 1, 2020 to September 30, 2021 PLACE OF PERFORMANCE Tasks under this PWS shall be dually performed at Contractor facilities and Government facilities (daily pickup and drop-off only). SPECIFIC TASKS AND DELIVERABLES The Contractor shall furnish all equipment, labor and facilities and shall: A.Initially furnishes 400 medium cases (dimensions 23"x13"x12"), 25 small cases (dimensions 18"x12"x7"), and 25 large cases (dimensions 22"x15"x13"), which will be exchanged on a one-to-one basis. These cases shall be waterproof, crushproof, magnetic and fire-resistant. If additional cases are required, such cases shall be furnished to the VA PITC within twenty-four (24) hours of request and at no additional cost to VA. Approximately, the maximum number of containers on site should not exceed 500. B.Provide daily (Monday - Friday) pickup and delivery of backup media in environmentally controlled vehicle(s). On an as needed basis upon request; for Saturday and Sunday pickup and delivery services. Provide backup transportation, if necessary, to ensure that while in transit magnetic media is not left unattended (security breach) and exposed to adverse elements such as extreme temperatures. C.Provide on-line computer system to track shipments and deliveries that will allow the VA PITC remote computer access to the stored media database/inventory. The Contractor shall provide hardcopy documentation (input manifest) of all pickup and deliveries, using contractor supplied forms. Minimum form requirements are shown in the input manifest definition. D.Store media in a secure building that is environmentally controlled for magnetic media. Temperature shall be 70 degrees plus/minus 10 degrees with a range of 45% to 60% humidity. The media shall be protected from potential water damage. The building shall have a direct link to local fire and police departments. E.Ensure the storage facility system complies with American National Standards Institute (ANSI) specifications for long-term storage, such as filtration of airborne contaminants. F.Have the capability to locate, retrieve and return any quantity of media on an emergency basis at any time within three (3) hours of notification. It is anticipated that there would be four (4) or less emergency requests during the year over the life of this contract (based upon pervious history). Any request over the four (4) will be billed on an as requested basis. G.Ship requested security files to a designated back-up site within 12 hours, at VA expense. This exercise is scheduled to be performed once each year. The designated site address and shipping information will be provided to the vendor at the time of request. H.Ensure tapes stored are returned to the VA PITC on the first workday after the designated retention expiration date. I.Ensure that at the end of contract period, all materials in storage will be returned to the VA PITC. REPORTING REQUIREMENTS The Contractor shall provide the Contracting Officer's Representative (COR) with Monthly Progress Reports in electronic form in Microsoft Word and/or Project formats. The report shall include detailed instructions/explanations for each required data element, to ensure that data is accurate and consistent. These reports shall reflect data as of the last day of the preceding month. The Monthly Progress Reports shall cover all work completed during the reporting period and work planned for the subsequent reporting period. The report shall also identify any problems that arose and a description of how the problems were resolved. If problems have not been completely resolved, the Contractor shall provide an explanation including their plan and timeframe for resolving the issue. The report shall also include an itemized list of all Electronic and Information Technology (EIT) deliverables and their current Section 508 conformance status. It is expected that the Contractor will keep in communication with VA accordingly so that issues that arise are transparent to both parties to prevent escalation of outstanding issues. Deliverable: A.Monthly Progress Report due by the 5th of the following Month GENERAL REQUIREMENTS CONTRACTOR PERSONNEL SECURITY REQUIREMENTS The position sensitivity and the level of background investigation commensurate with the required level of access is: 1Low/NACI/Tier 1 Contractor Responsibilities: For a Low/Tier 1 Risk designation, with a period of performance requirement of 180 days or less, a Special Agreement Check (SAC) is required. A Department of Veterans Affairs (DVA) Memorandum - Electronic Fingerprints are required for fingerprinting. This should be submitted to the CO or COR after award has been made. Within 3 business days after award, the Contractor shall provide a roster of Contractor and Subcontractor employees to the COR to begin their background investigations in accordance with the ProPath template. The Contractor Staff Roster shall contain the Contractor's Full Name, Date of Birth, Place of Birth, individual background investigation level requirement of Low/NACI Tier 1 SAC. The Contractor shall submit full Social Security Numbers either within the Contractor Staff Roster or under separate cover to the COR. The Contractor Staff Roster shall be updated and provided to VA within 1 day of any changes in employee status, training certification completion status, Background Investigation level status, additions/removal of employees, etc. throughout the Period of Performance. The Contractor Staff Roster shall remain a historical document indicating all past information and the Contractor shall indicate in the Comment field, employees no longer supporting this contract. The preferred method to send the Contractor Staff Roster or Social Security Number is by encrypted e-mail. If unable to send encrypted e-mail, other methods which comply with FIPS 140-2 are to encrypt the file, use a secure fax, or use a traceable mail service. a.The Contractor should coordinate the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized. The Contractor shall be responsible for the actions of all personnel provided to work for 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 shall be responsible for all resources necessary to remedy the incident. A Contractor may be granted unescorted access to VA facilities and/or access to VA Information Technology resources (network and/or protected data) with a favorably adjudicated Special Agreement Check (SAC) or "Closed, No Issues" (SAC) finger print results, training delineated in VA Handbook 6500.6 (Appendix C, Section 9), and, the signed "Contractor Rules of Behavior." The investigative history for Contractor personnel working under this contract must be maintained in the database of the Office of Personnel Management (OPM). The Contractor, when notified of an unfavorably adjudicated background investigation on a Contractor employee as determined by the Government, shall withdraw the employee from consideration in working under the contract. b.Failure to comply with the Contractor personnel security investigative requirements may result in loss of physical and/or logical access to VA facilities and systems by Contractor and Subcontractor employees and/or termination of the contract for default. c.Identity Credential Holders must follow all HSPD-12 policies and procedures as well as use and protect their assigned identity credentials in accordance with VA policies and procedures, displaying their badges at all times, and returning the identity credentials upon termination of their relationship with VA. Deliverable: A.Contractor Staff Roster due within 3 business days of the start of contract and any changes to personnel within 3 business days of starting. METHOD AND DISTRIBUTION OF DELIVERABLES The Contractor shall deliver documentation in electronic format, unless otherwise directed in Section B of the solicitation/contract. Acceptable electronic media include: MS Word 2000/2003/2007/2010, MS Excel 2000/2003/2007/2010, MS PowerPoint 2000/2003/2007/2010, MS Project 2000/2003/2007/2010, MS Access 2000/2003/2007/2010, MS Visio 2000/2002/2003/2007/2010, AutoCAD 2002/2004/2007/2010, and Adobe Postscript Data Format (PDF). PERFORMANCE METRICS The table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort. PERFORMANCE METRICS The table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort. Performance ObjectivePerformance StandardAcceptable Performance Levels A.Technical Needs1.Demonstrates understanding of requirements 2.Efficient and effective in meeting requirements 3.Meets technical needs and mission requirements 4.Offers quality services/productsSatisfactory B.Project Milestones and Schedule1.Established milestones and project dates are met 2.Products completed, reviewed, delivered in timely manner 3.Notifies customer in advance of potential problemsSatisfactory The Government will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government reserves the right to alter or change the surveillance methods in the QASP at its own discretion. A Performance Based Service Assessment Survey will be used in combination with the QASP to assist the Government in determining acceptable performance levels. FACILITY/RESOURCE PROVISIONS SHIPMENT OF HARDWARE OR EQUIPMENT (If any hardware/software is being purchased (incidental to the service being performed), state the acceptance criteria and provide Shipping Address /Mark For requirements.) Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination Ship To and Mark For: PrimaryAlternate Name:Name: Address:Address: Voice:Voice: Email:Email: Special Shipping Instructions: Prior to shipping, Contractor shall notify Site POCs, by phone followed by email, of all incoming deliveries including line-by-line details for review of requirements. Contractors shall coordinate deliveries with Site POCs before shipment of hardware to ensure sites have adequate storage space. All shipments, either single or multiple container deliveries, shall bear the VA IFCAP Purchase Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the VA IFCAP PO number shall indicate total number of containers for the complete shipment (e.g. "Package 1 of 2"), clearly readable on manifests and external shipping labels. Packing Slips/Labels and Lists shall also include the following: IFCAP PO #: ____________ (e.g., 166-E11234 (the IFCAP PO number is located in block #20 of the SF 1449)) Project Description: (e.g. Tier I Lifecycle Refresh) Total number of Containers: Package ___ of ___. (e.g., Package 1 of 3) A1.0 Physical Security & Safety Requirements: The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property. Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law. 1.The Contractor and their personnel shall wear visible identification at all times while they are on the premises. 2.VA does not provide parking spaces at the work site; the Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. 3.Smoking is prohibited inside/outside any building other than the designated smoking areas. 4.Possession of weapons is prohibited. 5.The Contractor shall obtain all necessary licenses and/or permits required to perform the work, with the exception of software licenses that need to be procured from a Contractor or vendor in accordance with the requirements document. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. A2.0 Confidentiality and Non-Disclosure The Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations. The Contractor may have access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under the regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information ("Privacy Rule"); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard ("Security Rule"). Pursuant to the Privacy and Security Rules, the Contractor must agree in writing to certain mandatory provisions regarding the use and disclosure of PHI and EPHI. 1.The Contractor will have access to some privileged and confidential materials of VA. These printed and electronic documents are for internal use only, are not to be copied or released without permission, and remain the sole property of VA. Some of these materials are protected by the Privacy Act of 1974 (revised by PL 93-5791) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense. 2.The VA CO will be the sole authorized official to release in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. The Contractor shall release no information. Any request for information relating to this contract presented to the Contractor shall be submitted to the VA CO for response. 3.Contractor personnel recognize that in the performance of this effort, Contractor personnel may receive or have access to sensitive information, including information provided on a proprietary basis by carriers, equipment manufacturers and other private or public entities. Contractor personnel agree to safeguard such information and use the information exclusively in the performance of this contract. Contractor shall follow all VA rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations as enumerated in this section and elsewhere in this Contract and its subparts and appendices. 4.Contractor shall limit access to the minimum number of personnel necessary for contract performance for all information considered sensitive or proprietary in nature. If the Contractor is uncertain of the sensitivity of any information obtained during the performance this contract, the Contractor has a responsibility to ask the VA CO. 5.Contractor shall train all of their employees involved in the performance of this contract on their roles and responsibilities for proper handling and nondisclosure of sensitive VA or proprietary information. Contractor personnel shall not engage in any other action, venture or employment wherein sensitive information shall be used for the profit of any party other than those furnishing the information. The sensitive information transferred, generated, transmitted, or stored herein is for VA benefit and ownership alone. 6.Contractor shall maintain physical security at all facilities housing the activities performed under this contract, including any Contractor facilities according to VA-approved guidelines and directives. The Contractor shall ensure that security procedures are defined and enforced to ensure all personnel who are provided access to patient data must comply with published procedures to protect the privacy and confidentiality of such information as required by VA. 7.Contractor must adhere to the following: a.The use of "thumb drives" or any other medium for transport of information is expressly prohibited. b.Controlled access to system and security software and documentation. c.Recording, monitoring, and control of passwords and privileges. d.All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems. e.VA, as well as any Contractor (or Subcontractor) systems used to support development, provide the capability to cancel immediately all access privileges and authorizations upon employee termination. f.Contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination. g.Acquisition sensitive information shall be marked "Acquisition Sensitive" and shall be handled as "For Official Use Only (FOUO)". h.Contractor does not require access to classified data. 8.Regulatory standard of conduct governs all personnel directly and indirectly involved in procurements. All personnel engaged in procurement and related activities shall conduct business in a manner above reproach and, except as authorized by statute or regulation, with complete impartiality and with preferential treatment for none. The general rule is to strictly avoid any conflict of interest or even the appearance of a conflict of interest in VA/Contractor relationships. 9.VA Form 0752 shall be completed by all Contractor employees working on this contract, and shall be provided to the CO before any work is performed. In the case that Contractor personnel are replaced in the future, their replacements shall complete VA Form 0752 prior to beginning work. B1.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. B2.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 (e.g. Business Associate Agreement, Section 3G), 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 CO 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 CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination. B3.VA INFORMATION CUSTODIAL LANGUAGE 1.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 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). 2.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 information is returned to 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. 3.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 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 CO within 30 days of termination of the contract. 4.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 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. 5.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. 6.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. 7.If a VHA contract is terminated for cause, the associated Business Associate Agreement (BAA) must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.05, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. 8.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. 9.The Contractor/Subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA minimum requirements. VA Configuration Guidelines are available upon request. 10.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 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 CO for response. 11.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 CO for response. 12.For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or a Memorandum of Understanding-Interconnection Service Agreement (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. B4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT 1.Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program and the TIC Reference Architecture). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6508, VA Privacy Impact Assessment. 2.The Contractor/Subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required. 3.The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall. 4.Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. 5.The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle. 6.The Contractor/Subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. 7.The Contractor/Subcontractor agrees to: a.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 (SOR); and ii.The design, development, or operation work that the Contractor/Subcontractor is to perform; b.Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and c.Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR. 8.In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the Contractor/Subcontractor is considered to be an employee of the agency. a."Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records. b."Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph. c."System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 9.The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hot fixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems. 10.The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 30 days. 11.When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 30 days. 12.All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the CO and the VA Assistant Secretary for Office of Information and Technology. B5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE a.For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, Contractors/Subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The Contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA network involving VA information must be in accordance with the TIC Reference Architecture and reviewed and approved by VA prior to implementation. b.Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c.Outsourcing (Contractor facility, Contractor equipment or Contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the Contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (Government facility or Government equipment) Contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d.The Contractor/Subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA CO and the ISO for entry into the VA POA&M management process. The Contractor/Subcontractor must use the VA POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the Government. Contractor/Subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with Contractor/Subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e.The Contractor/Subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The Government reserves the right to conduct such an assessment using Government personnel or another Contractor/Subcontractor. The Contractor/Subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f.VA prohibits the installation and use of personally-owned or Contractor/Subcontractor owned equipment or software on the VA network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for Government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE. g.All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the Contractor/Subcontractor or any person acting on behalf of the Contractor/Subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the Contractors/Subcontractors that contain VA information must be returned to VA for sanitization or destruction or the Contractor/Subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract. h.Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are: 1)Vendor must accept the system without the drive; 2)VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or 3)VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. 4)Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for 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. B6. 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. B7. 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 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. B8. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of 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. B9. 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)Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior course (TMS #10176) and complete this required privacy and security training annually; Sign and acknowledge (electronically through TMS #10176) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems. 2)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 CO 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 CO and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and electronically 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.
 
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