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PERFORMANCE WORK STATEMENT (PWS)DEPARTMENT OF VETERANS AFFAIRSOffice of Information & TechnologyCorporate Data Center OperationsVA Records Center and Vault (RCV) Support Services Date: February 27, 2012TAC-12-03637PWS Version Number: 1.0 Contents TOC \o "1-2" \h \z \u 1.0BACKGROUND PAGEREF _Toc316376370 \h 32.0APPLICABLE DOCUMENTS PAGEREF _Toc316376371 \h 33.0SCOPE OF WORK PAGEREF _Toc316376372 \h 44.0PERFORMANCE DETAILS PAGEREF _Toc316376373 \h 44.1PERFORMANCE PERIOD PAGEREF _Toc316376374 \h 44.2PLACE OF PERFORMANCE PAGEREF _Toc316376375 \h 54.3TRAVEL PAGEREF _Toc316376376 \h 55.0SPECIFIC TASKS AND DELIVERABLES PAGEREF _Toc316376377 \h 55.1PROJECT MANAGEMENT PAGEREF _Toc316376378 \h 65.2REPORTING REQUIREMENTS PAGEREF _Toc316376379 \h 75.3RECALLS, RE-FILES AND INTERFILES PAGEREF _Toc316376380 \h 85.4WAREHOUSE SUPPORT PAGEREF _Toc316376381 \h 115.5PROCESSING MAIL (NON-FREIGHT DELIVERIES) PAGEREF _Toc316376382 \h 125.6TRAINING PAGEREF _Toc316376383 \h 146.0GENERAL REQUIREMENTS PAGEREF _Toc316376384 \h 146.1CONTRACTOR PERSONNEL SECURITY REQUIREMENTS PAGEREF _Toc316376385 \h Error! Bookmark not defined.6.2RCV STANDARDS OF PERFORMANCE PAGEREF _Toc316376386 \h 176.3ADDITIONAL SECURITY REQUIREMENTS PAGEREF _Toc316376387 \h 196.4ID BADGES PAGEREF _Toc316376388 \h 196.5FACILITY ACCESS PAGEREF _Toc316376389 \h 196.6PROHIBITED ITEMS AND EQUIPMENT PAGEREF _Toc316376390 \h 206.7WASTE DISPOSAL PAGEREF _Toc316376391 \h 206.8METHOD AND DISTRIBUTION OF DELIVERABLES PAGEREF _Toc316376392 \h 206.9PERFORMANCE METRICS PAGEREF _Toc316376393 \h 206.10FACILITY/RESOURCE PROVISIONS PAGEREF _Toc316376394 \h 226.11GOVERNMENT FURNISHED PROPERTY PAGEREF _Toc316376395 \h 22ADDENDUM A PAGEREF _Toc316376396 \h 30ADDENDUM B PAGEREF _Toc316376397 \h 35 BACKGROUND The Department of Veterans Affairs (VA) operates the Records Center and Vault (RCV), a subterranean records storage facility located in Neosho, Missouri. The Center consists of an office/dock area and nine inter-connected storage rooms filled with rows of shelving units up to 14 feet tall. The Center stores approximately 1.7 million one-cubic foot boxes of records weighing 25 to 50-lbs each. Boxes are bar-coded and scanned to a shelf to remain until records are either recalled by the customer, or reach their retention period and are destroyed.RCV is staffed by VA employees and managed by the Austin Information Technology Center (AITC). The RCV On-site Manager (VA Project Manager (VA PM)), is responsible for daily center operations, has oversight of all records management and support services, and ensures adequate support is available to meet VA customer needs.RCV is a VA Enterprise Center and operates as a fee-for-service business. It actively pursues additional records storage accounts within VA and other federal agencies. Historically, RCV efforts are supported by 8 Contractor employees.APPLICABLE DOCUMENTSIn the performance of the tasks associated with this PWS, the Contractor shall comply with the following:FIPS Pub 201, “Personal Identity Verification of Federal Employees and Contractors,” March 200610 U.S.C. § 2224, "Defense Information Assurance Program"5 U.S.C. § 552a, as amended, “The Privacy Act of 1974” 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”Department of Veterans Affairs (VA) Directive 0710, “Personnel Suitability and Security Program,” May 18, 2007OMB Circular A-130, “Management of Federal Information Resources,” November 28, 2000An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule, October 2008VA Directive 6500, “Information Security Program,” August 4, 2006VA Handbook 6500, “Information Security Program,” September 18, 2007VA Handbook 6500.1, “Electronic Media Sanitization,” March 22, 2010VA Handbook 6500.2, “Management of Security and Privacy Incidents,” June 17, 2008.VA Handbook 6500.6, “Contract Security,” March 12, 2010VA Directive 6508, VA Privacy Impact Assessment, October 3, 2008VA Directive 6300, Records and Information Management, February 26, 2009VA Handbook, 6300.1, Records Management Procedures, March 24, 2010AAC Directive – Handbook 0712, AAC SecuritySCOPE OF WORKThe Contractor shall provide records handling support services. Contractor staff shall work in assigned areas to perform warehouse support including recalls, re-files, interfiles, facility leak and safety checks, general facility maintenance and outbound mail and clerical support following RCV-established policies and procedures.PERFORMANCE DETAILSPERFORMANCE PERIODThe period of performance shall be a 12-month base from November 1, 2012 through October 31, 2013 with four 12-month options and a 6-month option to extend services. Hours of Operation: The Contractor’s work schedule is Monday through Friday (excluding Federal holidays), from 8:00 AM to 4:30 PM CST. The 30-minute lunch period is 12:00 PM to 12:30 PM, and 15-minute breaks begin at 10:00 AM and 2:30 PM each day.Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that VA follows:Under current definitions, four are set by date:New Year's DayJanuary 1Independence DayJuly 4Veterans DayNovember 11Christmas DayDecember 25If 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 are set by a day of the week and month:Martin Luther King's BirthdayThird Monday in JanuaryWashington's BirthdayThird Monday in FebruaryMemorial DayLast Monday in MayLabor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberThanksgivingFourth Thursday in November PLACE OF PERFORMANCETasks under this PWS shall be performed in the VA facility located in Neosho, Missouri. TRAVELNo travel specific to the work requirements is anticipated. However, Contractor employees may be required to travel to Fayetteville, AR, approximately eighty (80) miles from RCV, for fingerprint and badge requirements. All travel expenses related to this requirement shall be borne by the Contractor.SPECIFIC TASKS AND DELIVERABLESThe Contractor shall perform time-critical RCV services as detailed below. The work environment is very labor intensive and requires long periods of walking, standing, climbing 12-ft ladders to access records, and repetitive lifting of 25 to 50-lb boxes to obtain folders to perform the tasks detailed below.The Contractor shall perform pre-screening of its employees to certify that Contractor staff are eligible to work in the United States, have a stable work history and clean background history (not wanted by any law enforcement agency, no felony convictions, and no drug, theft, burglary, forgery or arson incidents).The Working Team Lead shall possess the following minimum qualifications:High school diploma or GED. Some education above high school level is preferred.Experience working in a structured, production-oriented environment.Seven or more years stable work history gained post high school with at least 3 of those years spent in a supervisory position.Good grammatical, verbal, written communication and coordination skills. Proficiency in Microsoft Office Suite to generate email, reports, training materials, etc.Knowledge of applicable safety regulations and OSHA reporting requirements.Ability to lift 25 to 50 lbs repetitively, walk and stand long periods of time, and repetitive climbing of 12-foot ladders to perform picking and filing duties.The Warehouse Support Staff shall possess the following minimum qualifications:High school diploma or GED.Ability to lift 25 to 50-lbs repetitively, walk long distances, perform repetitive daily climbing of 12' ladders to access records stored on shelves.Minimum 5 year stable work history gained post high school. Two of the 5 years spent in detailed, production-oriented environments that demonstrate candidate's ability to follow instructions, complete detailed work processes and meet daily processing deadlines.Ability to perform duties efficiently and independently.Must pass a written skills test prior to hire with a minimum score of 80% (format of basic skills test to be approved by RCV On-Site Manager.) Skills test shall demonstrate candidate can perform basic mathematics/problem solving skills without using a calculator, candidate can place sequences of numbers in correct order, and candidate recognizes differences in spellings of similar names and addresses.The Outbound Mail/Clerical Staff shall possess the following minimum requirements:High school diploma or GED.Minimum 5 year stable work history gained post-high school. Two of the 5 years spent performing administrative duties (such as typing, filing, processing mail, record-keeping, etc.) that demonstrate required need for efficiency, accuracy, attention to detail, ability to follow instructions, complete detailed work processes, and meet daily processing deadlines.Ability to utilize computer software to maintain an accurate customer database of addresses, generate electronic shipping labels, maintain a spreadsheet of monthly postage charges by individual customer station, and perform basic data entry into standardized electronic templates.Ability to type 45 WPM without errors.Ability to perform duties efficiently and independently.Ability to bend, stoop, lift 25 to 50-lb boxes repetitively, and stand long periods of time preparing packages and boxes for shipping.Good verbal communication skills.Must pass a written skills test prior to hire with a minimum score of 80% (format of basic skills test to be approved by the RCV On-Site Manager or designee.) Skills test shall demonstrate candidate can perform basic mathematics/problem solving skills without using a calculator, candidate can place sequences of numbers in correct order, and candidate recognizes differences in spellings of similar names and addresses.The Contractor shall perform the following: PROJECT MANAGEMENT Project Management SupportThe Contractor shall provide a Working Team Lead to provide supervision and training for staff members under this PWS. Due to a 24-hour turn around time to select and ship records, the Working Team Lead shall manage contractor staff to ensure time frames are met for work completion. The Working Team Lead shall also provide new contract employee orientation training, safety training, and training on RCV developed processes and procedures to perform duties for this PWS to include processing recalls, filing folders and documents per work orders, preparing and shipping packages containing records to customers, performing data entry duties to capture records processing results, and filing processed work order documents.Quality ControlThe Contractor shall establish a Quality Control (QC) Program to ensure accuracy and efficiency of employees performing assigned tasks under this PWS. The program shall be a system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the RCV inspectors point out deficiencies. Revisions to the QC Program shall be provided to VA PM within 24 hours following modification. QC programs developed shall ensure individual employees do not QC their own work efforts.Deliverables:? Quality Control ProgramREPORTING REQUIREMENTSThe Contractor shall provide reports outlined below in electronic form in Microsoft Word and Project formats.Monthly Status ReportThe Contractor Monthly Status Report is due to the Contracting Officer’s Representative (COR) the 15th day of the month. Report shall include the following consolidated progress of work performed by Contractor staff:Summary of monthly performance metric calculations (package processing by customer, recall processing by customer, re-file and interfile processing). Accidents occurring during the month and remedies to prevent re-occurrence.Results of monthly quality control checks performed by the Contractor.Summary of bottlenecks/quality control issues and corrective action taken to resolve them. The Contractor shall also meet on a daily basis with VA PM or designee (unless otherwise informed) to review/discuss previous day's activities and any conflicts or issues arising or anticipated, implementation of new work procedures, address all facility equipment and safety concerns.Daily Report of Customer Billable ServicesThe Contractor shall provide VA-PM or designee copies of all employee Daily Time and Man Hour Forms that list hours worked in quarter man-hour increments by customer and category of services performed. The report shall be made available by 10:00 AM the next business day.Accident ReportThe Contractor shall provide accident/injury reports within 24 hours of each event. The report shall include witness names to the incident, equipment involved, incident location, results of Contractor’s investigation, and corrective action taken to prevent re-occurrence.Personnel ReportThe Contractor shall provide documentation to the COR and VA-PM of new personnel assigned within two (2) business days of starting work. This documentation shall consist of the following:Written certification that new contract employees have received safety training Written certification that new contract employees are physically fit to perform assigned dutiesSigned Certificate of Confidentiality and Non-Disclosure (Attachment 2)Signed Contractor Rules of BehaviorVA training certificatesDeliverables:? Monthly Status ReportDaily Report of Customer Billable ServicesAccident ReportPersonnel ReportRECALLS, RE-FILES AND INTERFILESThe Contractor shall process recall, re-file and interfile actions in areas assigned by the VA-PM or designee. Recalls process first to meet required shipping time-frames in paragraph 5.3.1.1 and 5.3.1.2 below. Re-files and interfiles follow, processing items with the oldest log dates first. Items shall be organized for picking and/or filing in bay/row/unit/shelf order, with one pass made down and back up each aisle, where possible. The Contractor shall mark each individual work order form with processing information (initials, date, time, type service performed, and discrepancies observed) immediately following completion to establish an accurate audit tracking timeline. All boxes accessed by the Contractor in performance of service shall have their box flaps returned to a four-fold interlocked position. All waste generated by the Contractor during processing actions shall be disposed of in accordance with paragraph 6.7 of this PWS. The Contractor shall utilize12-foot rolling ladders, box knives, conveyors, rolling utility and narrow aisle hand carts, provided at the RCV facility, to complete assigned tasks. Processing Recalls of Files and BoxesThe Contractor shall retrieve files and boxes from storage per customer work order. Processing information, as described above, and discrepancies observed shall be documented on the work orders. The Contractor shall deliver recalled files and boxes to the outbound mail room for shipping. Requests for whole boxes and requests with identification errors or negative search results shall be returned to a designated exceptions table for VA review. Upon resolution, the Contractor shall reprocess the work order within noted guidelines. VA’s review may also require the Contractor to return to a box to add additional information to the charge out card where a file was pulled. The Contractor shall perform these types of changes within one business day following VA’s review. Emergency Recall RequestsEmergencies submitted by customers before 12:00 PM CST require shipping by 2:00 PM the same business day received. Emergencies submitted after 12:00 PM CST require shipping by 11:30 AM the next business day. Routine (Non-Emergency) Recall RequestsThe Contractor shall locate, assemble, and prepare non-emergency recall requests to ship no later than 2:00 PM CST the next business day following receipt.Documenting Picking of Whole Boxes from StorageFor recalls processed at the box level, the Contractor shall ensure outbound mail staff scans box barcode labels prior to shipping. The Contractor shall ensure the scan gun is delivered to the RCV staff for download by 3:30 PM daily.Securing Individual Folders for Return to CustomersRecords processed for return to customers shall be secured to arrive at their destination intact. A copy of the completed recall request work order or other VA-issued return cover letter where applicable shall be rubber-banded to corresponding files both length-wise and width-wise, or stapled to envelopes and thin files that will buckle if rubber bands are used. Processing Recalls Where Folders Were Previously Checked OutThe Contractor shall document duplicate requests with the date files were originally pulled, first/last name of former customer requester, agency code and city location, and number and type items pulled (where provided) to assist customers with internal location efforts.Processing Recalls Where File Folders Are Not FoundThe Contractor shall document “no find” requests with the last name and file number for the first and last file in the box to assist customers with future location efforts.Data Entry of Recall Processing Results and Filing RCV Copies of Processed VA 0245 Recall FormsFor non-emergency recalls where records are found, the Contractor shall update recall processing results electronically in RCV’s Records Retrieval System (RRS) software, then file the VA 0245s within two (2) business days after records ship to the customer. For emergency recalls and all other type requests where no records are found, Contractor shall input processing results in the RRS and then file documents within 24 hours of receiving forms from the VA to update.Processing Re-files of Customer Boxes and FoldersThe Contractor shall return files and boxes to storage per customer work order. Processing information and discrepancies observed shall be documented on the work orders. The Contractor shall deliver completed work order forms to the filing station. Any items unable to be processed as submitted by the customer shall be placed in marked collection bins for VA review. Upon resolution, the Contractor shall either re-file or return items to customer within the VA noted guidelinesCustomer returns of whole box re-files will be scanned in by RCV inbound mail room and re-shelved by RCV staff members.Return of Folders and Envelopes for FilingThe Contractor shall remove rubber bands/binder clips to return previously recalled folders and envelopes to their original storage container. The corresponding charge-out card shall be pulled and stapled behind the re-file cover sheet when all files previously recalled are returned. Where all previously pulled volumes are not returned, the Contractor shall document the corresponding charge out card with the processor’s initials and date, the folder volumes and description of items filed, and return the charge-out card to the box marking the re-file cover sheet with “Pull Slip in Box”. The Contractor shall maintain processed re-file work orders in a designated storage area separated by picker and filing date and move to designated filing cabinets within five business days following the end of the prior processing month. Re-files unable to be processed as submitted by the customer shall have the reason documented on the work order and placed in collection bins for VA review. Upon resolution, the Contractor shall either re-file or return items to the customer within the VA noted guidelines.Adding New Files to an Existing BoxThe Contractor may occasionally receive re-file requests to add new folders to an existing box. This service shall be performed where files for the same Veteran already exist in the box or the folder number range of the items submitted matches the folder number range of the box. Processing notes on the re-file work order shall include processor’s initials, filing date and time, and a notation of “No Pull Slip In Box”. Requests not meeting either of the above two scenarios shall be returned to the customer, also capturing the name and file number of the first and last file in the box to assist customers with future location efforts. Processing Interfiles - Documents for Filing in Customer Folders The Contractor shall drop file individual documents into referenced folders per customer work order. Processing information and discrepancies observed shall be documented on the work orders. The Contractor shall return completed work order forms to a designated exceptions table for VA review. Upon resolution, the Contractor shall process the work order within the noted guidelines, or return items to customer in accordance with a VA issued return letter.An interfile is a single or multi-page document to add to an existing folder. Interfiles are assembled into packets of approximately 25 requests located in the same storage bay. The Contractor shall verify the count of the interfile requests per packet matches the Interfile Worksheet prior to processing. The Contractor shall locate the first file for the Veteran in the requested box, remove the Interfile Coversheet, and insert the document at the front of the corresponding folder. Each interfile coversheet shall be documented with the Contractor’s initials, date, and time the request was processed. Items unable to be filed as submitted by the customer shall have the reason documented on the corresponding interfile coversheet. The Contractor shall secure processed interfile packets with binder clips and place in collection bins for VA review. Upon resolution, the Contractor shall either re-process or return items to the customer within the VA noted guidelines. The Contractor shall ensure that processing of all documents within a packet shall be completed during the month the work began. The Contractor shall file processed packets returned to them by VA within 5 business days of receipt.WAREHOUSE SUPPORTConducting Facility Leak InspectionsThe Contractor shall utilize ladders to perform weekly leak inspections in assigned shelving aisles. Leaks found shall be documented in writing on RCV provided forms indicating row/unit location and source of leak (panning, ceiling, sprinkler head, etc.). Leaks wetting boxes shall immediately be reported by phone to the VA PM or designee. Completed leak check repair forms are due to VA PM or designee by the end of the inspection day when leaks are found. Carting, Labeling, Shelving Boxes and Inventory RelocationThe Contractor shall cart, label, shelve, repair, and re-locate boxes in accordance with applicable RCV processing procedures. Instances requiring the aforementioned services include repair and/or relocation of boxes that receive water damage, application of new barcode labels to boxes where customers have changed their station ID number, recall of entire accessions by customer, etc. General Facility MaintenanceWhile RCV provides janitorial services, the Contractor shall ensure that facility office space, break room, bathrooms, warehouse aisles, and dock remain in an un-littered condition during each business day. The Contractor shall perform general maintenance duties to include organization of supply areas, relocation of furniture to allow cleaning of facility floors, etc. Employees assigned desks and specific PCs for use are responsible for dusting and maintaining their work space in an organized manner.The Contractor shall monitor the Government Furnished Equipment (GFE) and facility to ensure they are kept in good repair, reporting all problems via email to the RCV On-Site Manager or designee. The Contractor shall comply with RCV-established maintenance programs. The Government-provided ladders shall be maintained in shelving row aisles not designated as emergency exits and sit flush with shelving unit posts installed at the facility main 10' aisle-way when not in use. All facility equipment (ladders, carts, etc.) shall be stored to prevent compromise to facility egress routes, designated emergency exits, or fire extinguisher access aisles.Deliverables:? Leak Check Repair FormsPROCESSING MAIL (NON-FREIGHT DELIVERIES)The Contractor shall perform activities to process outbound mail shipped by non-freight carriers. The Contractor shall perform the following duties:Package and process outgoing mail utilizing electronic mail metering equipment.Establish and maintain current customer shipping addresses in electronic mail metering equipment.Electronically track total number of outgoing boxes/packages shipped daily by agency.Electronically track monthly totals for postage and non-freight shipping expense by individual customer station ID number.Enter recall processing and shipping results into a standardized electronic template located in the Records Retrieval System (RRS) database.Perform mail filing and create new folders to accommodate additional files. Transfer files from prior years to inactive storage.Keep assigned work areas organized and stocked with shipping supplies.Order replenishment shipping supplies furnished free by express mail carriers.Notify designated RCV staff two weeks prior to depleting office and warehouse supplies needed to perform duties.Utilize phones, copiers and faxes.Utilize MS Office Suite of products (Excel, Access, and MS Word) to generate/update basic spreadsheets, databases, and word documents.Sort, organize and/or prepare documents for filing by warehouse staff.RCV estimates the Contractor shall express mail approximately 150 to 200 packages and/or boxes daily throughout the period of performance. The Working Team Lead shall keep the VA PM or designee apprised of package volumes above what can be processed at two mail tables each day.All packages containing sensitive information, Personally Identifiable Information (PII) or Protected Health Information (PHI) shall be shipped using an express mail service with tracking capabilities, currently United Parcel Service (UPS), unless otherwise indicated by VA PM or designee.Records shall ship to ensure no packages are in transit during federal holidays or non-business days unless customer requests emergency or overnight service in writing.Records shall ship only to authorized owning station requesters unless otherwise indicated by the VA PM or designee. (RCV maintains a list of customer stations that allow records to ship to alternate agency sites. All requests for alternate shipping must contain alternate recipient’s first/last name, official agency address with room number or mail stop, and phone number with area code).The Contractor’s outbound mail processing duties shall be limited to packaging and shipping records for transfer to customers. Customer requests to search files, fax records, or perform special research projects shall be forwarded to VA PM or designee for response.The Contractor shall prepare for express mail shipping whole boxes of records recalled from the warehouse and individual files secured in new packaging to authorized requesters. For existing boxes, the Contractor shall inspect the top, bottom, and sides for structural and adhesive weaknesses, presence of sensitive information, PII, or PHI, and replace with new containers where weaknesses/PII/PHI is found. For both existing boxes and new packages, a privacy flyer and copy of the applicable work order or routing slip shall accompany items returning to the customer. Outgoing boxes and packages shall be securely sealed at all closure points with packaging tape to ensure they do not open in transit. RCV's address shall either be applied via label or ink stamp onto each outgoing box/package as back-up contact information should the express mail carrier's shipping label inadvertently detach in transit. No sensitive information, PII, or PHI may be contained on the outsides of boxes/packages or be visible from box hand hold openings. Outgoing boxes and packages shall not leave the outbound mail room until the Contractor verifies all items are adequately addressed, sealed, and free of visible sensitive information.Packaging of emergency requests for shipping takes precedence over all others and will occur immediately upon delivery of picked items to the outbound mail table for processing.Reporting Mail Processing ErrorsThe Contractor shall advise VA PM or designee immediately following discovery of all outgoing mail processing errors (i.e., shipping files to the wrong customer, etc.) to determine whether a reportable privacy incident has occurred. Any Contractor information provided via email to RCV containing sensitive information, PII, or PHI must be encrypted.TRAININGNew employees shall be trained within 90 days of hire on VA processes required under this task order. The Contractor shall monitor performance and provide remedial training to employees unable to meet processing time-frames. In addition, the Contractor shall devise and implement a new employee training program to be successfully completed by new hires before they are released to perform critical jobs by themselves without supervision (i.e., performing record shipment mailings, independent processing of recalls, re-files, interfiles, etc.) The Contractor shall notify VA PM or designee in writing as new hires successfully complete the training program.GENERAL REQUIREMENTS POSITION/TASK RISK DESIGNATION LEVEL(S) AND CONTRACTOR PERSONNEL SECURITY REQUIREMENTS Position SensitivityBackground Investigation (in accordance with Department of Veterans Affairs 0710 Handbook, “”Personnel Security Suitability Program,” Appendix A)LowNational Agency Check with Written Inquiries (NACI) A NACI is conducted by OPM and covers a 5-year period. It consists of a review of records contained in the OPM Security Investigations Index (SII) and the DOD Defense Central Investigations Index (DCII), FBI name check, FBI fingerprint check, and written inquiries to previous employers and references listed on the application for employment. In VA it is used for Non-sensitive or Low Risk positions.ModerateModerate Background Investigation (MBI) A MBI is conducted by OPM and covers a 5-year period. It consists of a review of National Agency Check (NAC) records [OPM Security Investigations Index (SII), DOD Defense Central Investigations Index (DCII), FBI name check, and a FBI fingerprint check], a credit report covering a period of 5 years, written inquiries to previous employers and references listed on the application for employment; an interview with the subject, law enforcement check; and a verification of the educational degree.High Background Investigation (BI) A BI is conducted by OPM and covers a 10-year period. It consists of a review of National Agency Check (NAC) records [OPM Security Investigations Index (SII), DOD Defense Central Investigations Index (DCII), FBI name check, and a FBI fingerprint check report], a credit report covering a period of 10 years, written inquiries to previous employers and references listed on the application for employment; an interview with the subject, spouse, neighbors, supervisor, co-workers; court records, law enforcement check, and a verification of the educational degree.The Tasks identified below and the resulting Position Sensitivity and Background Investigation delineate the Background Investigation requirements by Contractor individual, based upon the tasks the particular Contractor individual will be working. The submitted Contractor Staff Roster must indicate the required Background Investigation Level for each individual, based upon the tasks the Contractor individual will be working, based upon their submitted proposal.LOW RISK DESIGNATION TASKS Position Sensitivity and Background Investigation - The position sensitivity and the level of background investigation commensurate with the required level of access for tasks 5.1 – 5.6 within the Performance Work Statement is: FORMCHECKBOX Low/NACIMODERATE RISK DESIGNATION TASKS N/APosition Sensitivity and Background Investigation - The position sensitivity and the level of background investigation commensurate with the required level of access for task(s) <List PWS Task Section Numbers> within the Performance Work Statement is: FORMCHECKBOX Moderate/MBIHIGH RISK DESIGNATION TASKS N/APosition Sensitivity and Background Investigation - The position sensitivity and the level of background investigation commensurate with the required level of access for task(s) <List PWS Task Section Numbers> within the Performance Work Statement is: FORMCHECKBOX High/BICONTRACTOR PERSONNEL SECURITY REQUIREMENTSContractor Responsibilities: The Contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain the appropriate Background Investigation, and are able to read, write, speak and understand the English language.The Contractor shall bear the expense of obtaining background investigations. 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. The roster shall contain the Contractor’s Full Name, Full Social Security Number, Date of Birth, Place of Birth, and individual background investigation level requirement (based upon Section 6.2 Tasks).The Contractor should coordinate the location of the nearest VA fingerprinting office through the COR. Only electronic fingerprints are authorized.For a Low Risk designation the following forms are required to be completed: 1.OF-306 and 2. DVA Memorandum – Electronic Fingerprints. For Moderate or High Risk the following forms are required to be completed: 1. VA Form 0710 and 2. DVA Memorandum – Electronic Fingerprints. These should be submitted to the COR within 5 business days after award. The Contractor personnel will receive an email notification from the Security and Investigation Center (SIC), through the Electronics Questionnaire for Investigations Processes (e-QIP) identifying the website link that includes detailed instructions regarding completion of the investigation documents (SF85, SF85P, or SF 86). The Contractor personnel shall submit all required information related to their background investigations utilizing the Office of Personnel Management’s (OPM) Electronic Questionnaire for Investigations Processing (e-QIP).The Contractor is to certify and release the e-QIP document, print and sign the signature pages, and send them to the COR for electronic submission to the SIC. These should be submitted to the COR within 3 business days of receipt of the e-QIP notification email.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.” However, the Contractor will be responsible for the actions of the Contractor personnel they provide to perform work for VA. The investigative history for Contractor personnel working under this contract must be maintained in the database of r 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.Failure to comply with the Contractor personnel security investigative requirements may result in termination of the contract for default.RCV STANDARDS OF PERFORMANCEThe Contractor shall at all times act in good faith and in the best interest of VA, use its best efforts and exercise all due care and sound business judgment in performing duties under this PWS. The Contractor shall comply with VA policies, procedures and directives, which are incorporated by reference in this contract. This includes adhering to all Privacy Act requirements regarding the sensitive information that may be contained in records accessed, and in filing records and materials accurately. In addition, the Contractor shall comply with all Occupational Safety and Health Administration (OSHA) standards as applicable.Access privileges to the RCV facility and/or information systems are solely at the discretion of VA PM. Violation of RCV safety, security, or other policies or procedures may result in suspension or revocation of access privileges, which may require the Contractor to remove personnel from work under this contract. Multiple violations of different policies or procedures or violations determined to be due to apparent intentional disregard for RCV policies or procedures may also result in the permanent revocation of access privileges. The Contractor Rules of Behavior form (Attachment 1) shall be signed by all contract personnel within 2 business days after award.Contractor AttendanceThe Contractors shall be at their assigned work station or VA PM’s desk for receipt of assignments by start of shift and remain in assigned work areas until the end of shift, except for approved breaks and lunch, or where staff must deliver completed orders to the outbound mail room in order to ship to meet VA processing time-frames.All leave granted by the Working Team Lead shall be reported in writing to the RCV On-Site Manager at the time it is approved. The Contractor shall ensure that adequate staff is available to support RCV daily operations.Personnel ChangesThe Contractor is expected to minimize employee turnover with respect to personnel performing under this PWS. The Government is to be notified in writing at least 30 business days prior to any replacement in personnel, when possible. The Contractor shall demonstrate that replacement personnel meet the requirements of the labor category to which they are assigned.? Any costs associated with personnel replacement, to include training and other transition costs, shall be borne by the Contractor. The COR must approve replacement personnel qualifications before they start working.Safety RequirementsThe Contractor shall provide and ensure that personnel possess and use appropriate safety equipment and clothing required by the OSHA. The Contractor shall also provide in writing, evidence that labor personnel have been briefed and understand the applicable safety standards and procedures mandated by Federal, State, or local regulation for the type of work being performed. The Contractor is responsible for the safety of the Contractor's personnel and the safety of others working in the vicinity of the Contractor’s personnel (for actions caused by or resulting from actions of the Contractor's personnel).The Contractor shall make arrangements with a local medical facility for treatment of Contractor personnel who are injured or become ill while working at the RCV. The Contractor is responsible for all compensation claims that arise as a result of accident or injury to contract personnel incurred at RCV or claims filed by others as a result of any action or inaction by the Contractor's employees.While RCV does provide for routine inspection, maintenance, and repair to warehouse equipment, the Contractor shall make their own daily inspection of items to verify equipment is performing as manufacturer intends before being placed into service (ladders, work carts, etc.). The Contractor shall immediately tag and take out of production any equipment found with deficiencies and report in writing (type equipment, location and identifier number) to the VA PM or designee that will make arrangements for repair.ADDITIONAL SECURITY REQUIREMENTSSecurity policies and procedures are considered sensitive documents and may not be removed from the RCV facility. The Contractor shall train all of their personnel on RCV's security policies and procedures prior to assigning them to work at RCV.Heightened Security RestrictionsThe Contractor can expect access restrictions to the RCV in the event a National Advisory Alert is issued by the Department of Homeland Security. Possible restrictions may include: no employee or visitor parking inside the cave, all visitors must have pre-scheduled appointments to enter RCV leased-space, no receipt of unscheduled carrier deliveries, armed guards may be hired to patrol RCV-leased space, etc. The VA PM or designee will keep contract personnel advised of how a rise in the threat advisory personally affects them, and operations at the RCV.Mandatory Reporting of Unauthorized Disclosure of Sensitive Information, PII, or PHIThe Contractor shall exercise great care in utilizing all communication systems to relay information to authorized agency requesters in performance of duties. This includes, but is not limited to transmissions made via phone, fax, email, traditional United States Postal Services (USPS) or express mail services, etc. Incidents where the Contractor or its employees suspect or know that sensitive information, PII, or PHI may have been inadvertently distributed to unauthorized requesters shall immediately report incidents to the RCV On-Site Manager or designee who will investigate and notify the RCV Privacy Officer. Examples of reportable privacy incidents include, but are not limited to the following: 1) transmitting unencrypted email containing first and last name and last four of social security or VA claim numbers, 2) transmitting a fax containing sensitive information, PII or PHI to the wrong fax number, 3) releasing sensitive information, PII, or PHI by phone to unauthorized requesters, etc. Conversely, incidents of Contractors receiving unsecured transmissions of sensitive information, PII, and/or PHI shall also be reported to VA PM or designee so RCV can contact the sender to request the unauthorized transmissions cease.ID BADGESContract employees working at the RCV will receive a Government-issued badge to be kept on their person at all times in accordance with AAC Directive 0712.FACILITY ACCESSEntrance and exit of the facility occurs through the main lobby door except in cases of emergency or when performing official work-related duties (i.e., destroying waste in the disintegrator).PROHIBITED ITEMS AND EQUIPMENTFood, drinks, tobacco products, and devices used to start fires (matches, lighters, etc.) are prohibited within the records storage rooms. Food and drink items shall remain in designated office/break room areas. Tobacco products and fire starting devices shall be stored in the owners' vehicle or in an assigned locker during non-break periods.Cameras, picture cell phones and video recorders are not allowed onto RCV leased space without advance approval from VA PM. Unauthorized equipment shall be returned to the owner's vehicle or will remain at the lobby reception desk until the owner departs.WASTE DISPOSALContract employees shall break down and properly discard all waste generated during performance of assigned duties. Paper waste and 8" x 10" sections of corrugated containers marked with sensitive information, PII, or PHI shall be destroyed via disintegrator. All other items containing sensitive information but not suited for the disintegrator shall be placed in designated collection areas for future off-site disposal. Used cardboard shipping containers and slip sheets free of sensitive markings, PII, or PHI shall be placed in the Gaylord containers on the dock for recycling.METHOD AND DISTRIBUTION OF DELIVERABLESThe 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, MS Excel 2000/2003/2007, MS PowerPoint 2000/2003/2007, MS Project 2000/2003/2007, MS Access 2000/2003/2007, MS Visio 2000/2002/2003/2007, AutoCAD 2002/2004/2007/2010, and Adobe Postscript Data Format (PDF). PERFORMANCE METRICSThe table below defines the Performance Standards and Acceptable Performance Levels for Objectives associated with this effort. The Performance Standards below are calculated monthly.Performance ObjectivePerformance StandardAcceptable Performance LevelsPackage Processing EfficiencyTotal boxes/packages shipped by the Contractor during a given month is divided by total hours utilized by all Contractor employees to perform shipping actions. Maximum preparation time is 4 minutes per package.99.5% of the time measured on a monthly basisRecalls Processing EfficiencyTotal recalls processed by the Contractor is divided by total hours the Contractor expended to perform the task. The acceptable monthly average processing range for Veterans Health Administration recalls is 4 to 7 minutes per request. Records Management Center is 3 to 5 minutes per request.99.5% of the time measured on a monthly basisRe-files Processing EfficiencyTotal re-files processed by the Contractor is divided by total hours the Contractor expended to perform the task. The acceptable monthly average processing range is 2 to 4 minutes per action.99.5% of the time measured on a monthly basisInterfiles Processing EfficiencyTotal interfiles processed by the Contractor is divided by total hours the Contractor expended to perform the task. The acceptable monthly average processing range is 2 to 4 minutes per action.99.5% of the time measured on a monthly basisPackage Processing AccuracyAll packages containing Veteran PII/PHI deliver successfully to customer.100% of the time. Each occurrence will be monitored.Recall Processing AccuracyRecall orders are accurately filled.100% of the time. Each occurrence will be monitored.Refile Processing AccuracyRefiles are returned to the requested accession and box sequence number.100% of the time. Each occurrence will be monitored.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.FACILITY/RESOURCE PROVISIONS The RCV is located in an underground facility. It contains office areas, a conference room, break room, mail rooms, computer room, and restrooms. There is also a two-bay loading dock accessible to two, 18-wheel freight trucks and an enclosed staging area. The only designated smoking area resides outside the main cave entrance. A limited amount of employee parking is available inside the cave, with additional spaces located in the outdoors parking lot shared with other Ozark Terminal tenants. Employees will be issued parking permits. Vehicles left inside the cave without proper identification or permission from RCV to remain after regularly schedule business hours will be towed at the vehicle owner's expense. Loitering in either parking area is prohibitedThe Government shall provide the RCV facility, including all infrastructure equipment, operating equipment (i.e., ladders, specialized carts), ADP equipment, software and technical support, telecommunications, maintenance and service contracts (i.e., security, pest control, and cleaning services), office equipment, office furniture, office and supplies. All work stations (consisting of CPU, monitor, keyboard and mouse) and LAN printers will be provided for the Contractor's use where required. The workstations shall only be used as authorized.The Contractor shall request other Government documentation deemed pertinent to the work accomplishment directly from the Government officials with whom the Contractor has contact. The Contractor shall consider the COR as the final source for needed Government documentation when the Contractor fails to secure the documents by other means. The Contractor is expected to use common knowledge and resourcefulness in securing all other reference materials, standard industry publications, and related materials that are pertinent to the ERNMENT FURNISHED PROPERTYContractor Return of Government Furnished Equipment (GFE)Individual contractor staff shall be issued an ID badge, parking permit, and general warehouse tools such as a box knife, to perform duties under this PWS, herein referred to as GFE. The Contractor shall gather and return GFE to the VA PM or designee when a contract employee resigns, is terminated, laid off, called to active military duty, or has a need to be on medical or unpaid leave of absence for more than 4 weeks. For permanently departing employees, the Contractor shall complete VA Form 3248 (200), Employee Clearance from Indebtedness, and forward to VA PM the last day the contract employee works.Attachment 1MARCH 12, 2010VA HANDBOOK 6500.6APPENDIX DCONTRACTOR RULES OF BEHAVIORThis User Agreement contains rights and authorizations regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the Department of Veterans Affairs (VA). This User Agreement covers my access to all VA data whether electronic or hard copy ("Data"), VA information systems and resources ("Systems"), and VA sites ("Sites"). This User Agreement incorporates Rules of Behavior for using VA, and other information systems and resources under the contract.1. GENERAL TERMS AND CONDITIONS FOR ALL ACTIONS AND ACTIVITIES UNDER THE CONTRACT:I understand and agree that I have no reasonable expectation of privacy in accessing or using any VA, or other Federal Government information systems.I consent to reviews and actions by the Office of Information & Technology (01&T) staff designated and authorized by the VA Chief Information Officer (CIO) and to the VA OIG regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA. These actions may include monitoring, recording, copying, inspecting, restricting access, blocking, tracking, and disclosing to all authorized OlT, VA, and law enforcement personnel as directed by the VA CIO without my prior consent or notification.I consent to reviews and actions by authorized VA systems administrators and Information Security Officers solely for protection of the VA infrastructure, including, but not limited to monitoring, recording, auditing, inspecting, investigating, restricting access, blocking, tracking, disclosing to authorized personnel, or any other authorized actions by all authorized OlT, VA, and law enforcement personnel.I understand and accept that unauthorized attempts or acts to access, upload, change, or delete information on Federal Government systems; modify Federal government systems; deny access to Federal government systems; accrue resources for unauthorized use on Federal government systems; or otherwise misuse Federal government systems or resources are prohibited.I understand that such unauthorized attempts or acts are subject to action that may result in criminal, civil, or administrative penalties. This includes penalties for violations of Federal laws including, but not limited to, 18 U.S.C. §1030 (fraud or related activity in connection with computers) and 18 U.S.C. §2701 (unlawful access to stored communications).I agree that OI&T staff, in the course of obtaining access to information or systems on my behalf for performance under the contract, may provide information about me including, but not limited to, appropriate unique personal identifiers such as date of birth and social security number to other system administrators, Information Security Officers (150s), or other authorized staff without further notifying me or obtaining additional written or verbal permission from me.I understand I must comply with VA's security and data privacy directives and handbooks. I understand that copies of those directives and handbooks can be obtained from the Contracting Officer's Representative (COR). If the contractor believes the policies and guidance provided by the COR is a material unilateral change to the contract, the contractor must elevate such concerns to the Contracting Officer for resolution.I will report suspected or identified information security/privacy incidents to the COR and to the local ISO or Privacy Officer as appropriate.2. GENERAL RULES OF BEHAVIORRules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.The following rules apply to all VA contractors. I agree to:Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.Contractors' use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms o' those systems. I accept that the restrictions under ethics regulations and criminal law still apply.Grant access to systems and information only to those who have an official need to know.Protect passwords from access by other individuals.Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COR for policies and guidance on complying with this requirement and will follow the COR's orders.Ensure that the COR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COR.Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COR.Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COR for policies and guidance on complying with this requirement and will follow the COR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.Not disable or degrade the standard anti-virus software, antispyware, and/or firewall intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COR.Understand that restoration of service of any VA system is a concern of all users of the plete required information security and privacy training, and complete required training for the particular systems to which I require access.3. ADDITIONAL CONDITIONS FOR USE OF NON- VA INFORMATION TECHNOLOGY RESOURCESWhen required to complete work under the contract, I will directly connect to the VA network whenever possible. If a direct connection to the VA network is not possible, then I will use VA approved remote access software and services.Remote access to non-public VA information technology resources is prohibited from publicly-available IT computers, such as remotely connecting to the internal VA network from computers in a public library.I will not have both a VA network line and any kind of non-VA network line including a wireless network card, modem with phone line, or other network device physically connected to my computer at the same time, unless the dual connection s explicitly authorized by the COR.I understand that I may not obviate or evade my responsibility to adhere to VA security requirements by subcontracting any work under any given contract or agreement with VA, and that any subcontractor(s) I engage shall likewise be bound by the same security requirements and penalties for violating the same.4. STATEMENT ON LITIGATIONThis User Agreement does not and should not be relied upon to create any other right or benefit, substantive or procedural, enforceable by law by a party to litigation with the United States Government.5. ACKNOWLEDGEMENT AND ACCEPTANCEI acknowledge receipt of this User Agreement. I understand and accept a terms and conditions of this User Agreement, and I will comply with the terms and conditions of this agreement and any additional VA warning banners, directives, handbooks, notices, or directions regarding access to or use of information systems or information. The terms and conditions of this document do not supersede the terms and conditions of the signatory's employer and VA.Print or type your full nameSignature DateLast 4 digits of SSNOffice PhoneContractor's Company Name Position TitlePlease complete and return the original signed document to the COR within the timeframe stated in the terms of the contract.Attachment 2CERTIFICATE OF CONFIDENTIALITY AND NON-DISCLOSUREContract and Order Number: __________________________ Project Description: RCV Support ServicesPrime Contractor: Confidentiality of Data: Duplication or disclosure of data (information) to which the Contractor will have access as a result of this Task Order is prohibited. It is understood, that throughout performance of the contract, the Contractor will have access to confidential data, which is either the sole property of the VA or is the sole property of other than the contracting parties. The Contractor hereby agrees to maintain the confidentiality of all such data to which access may be gained throughout task order performance, whether title thereto vests in VA or otherwise. The Contractor agrees not to disclose said data, any interpretations thereof, or data derivative there from, to unauthorized parties in contravention of the provisions, without the prior written approval of the Contracting Officer, or the party in which title thereto is wholly vested.Contractor personnel who are granted access to information and systems containing sensitive information or who obtain access to hardware or media which may manipulate or store any sensitive information protected under Title 5, USC, Section 552a, The Privacy Act, 38USC4132, 3301 or 3305, as defined by the Department of Veterans Affairs, must not access that sensitive information unless absolutely necessary to perform their contractual duties. Disclosure of any sensitive data or information obtained during the performance of the particular contractual duty is prohibited. Violation of these statutory provisions may involve imposition of criminal penalties.Limited Use of Data and Information: The presentation of any report of analytical material based on information obtained from this contract/task order will be subject to review by VA before dissemination, publication or distribution. Presentation includes, but is not limited to papers, articles, professional publications, speeches, testimony or interviews with public print or broadcast media.The Contractor and its personnel will not divulge or release data or information developed or obtained in performance of this contract without the written approval of the Contracting Officer. The details of any safeguards that the Contractor designs or develops under this contract shall become the property of VA and shall not be published or disclosed in any manner without the express written consent of the Contracting Officer. If the Contractor, in the performance of this contract/task order, obtains access to information which has not been released to the public, the Contractor may not:? Use such information for any private purposes unless the information has been released to the pete for VA work based on such information for a period of one year after completion of the contract.Submit an unsolicited proposal to the Government which is based on such information until one year after the release of such information to the public.Release such information without prior written approval by the Contracting Officer.CERTIFICATION: I certify that I will not disclose, except pursuant to a court of competent jurisdiction, any information provided to me relative to this project to any person who is not authorized access to such information by the Contracting Officer. When authorized, information shall be disclosed only to the extent that such information is required in connection with such person’s official responsibilities.____________________________________________________________________SignatureDate___________________________________________________________________TitleType or Print NameADDENDUM ACyber and Information Security Requirements for VA IT ServicesThe Contractor shall ensure adequate LAN/Internet, data, information, and system security in accordance with VA standard operating procedures and standard PWS language, conditions, laws, and regulations.? The Contractor’s firewall and web server shall meet or exceed VA minimum requirements for security.? All VA data shall be protected behind an approved firewall.? Any security violations or attempted violations shall be reported to the VA Program Manager and VA Information Security Officer as soon as possible.? The Contractor shall follow all applicable VA policies and procedures governing information security, especially those that pertain to certification and accreditation.Contractor supplied equipment, PCs of all types, equipment with hard drives, etc. for contract services must meet all security requirements that apply to Government Furnished Equipment (GFE) and Government Owned Equipment (GOE).? Security Requirements include:? a) VA Approved Encryption Software must be installed on all laptops or mobile devices before placed into operation, b) Bluetooth equipped devices are prohibited within VA; Bluetooth must be permanently disabled or removed from the device, c) VA approved anti-virus and firewall software, d) Equipment must meet all VA sanitization requirements and procedures before disposal.? The COR, CO, the Project Manager, and the Information Security Officer (ISO) must be notified and verify all security requirements have been adhered to.Each documented initiative under this contract incorporates the VA Handbook 6500.6, “Contract Security,” March 12, 2010 by reference as though fully set forth therein. The VA Handbook 6500.6, “Contract Security” shall also be included in every related agreement, contract or order.? The VA Handbook 6500.6, Appendix C, is included in this document as Addendum B.Training requirements: The Contractor shall complete all mandatory training courses identified on the current external VA training site, the Employee Education System (EES), and will be tracked therein. The EES may be accessed at . If the decision is made by the local Program Office to provide the Contractor a VA Talent Management System (TMS) account, the Contractor shall use the VA TMS to complete their mandatory training, accessed at Contractor employees shall complete a VA Systems Access Agreement if they are provided access privileges as an authorized user of the computer system of VA.VA Enterprise Architecture ComplianceThe applications, supplies, and services furnished under this contract must comply with One-VA Enterprise Architecture (EA), available at in force at the time of issuance of this contract, including the Program Management Plan and VA's rules, standards, and guidelines in the Technical Reference Model/Standards Profile (TRMSP).? The VA reserves the right to assess contract deliverables for EA compliance prior to acceptance. VA Internet and Intranet Standards:The Contractor shall adhere to and comply with VA Directive 6102 and VA Handbook 6102, Internet/Intranet Services, including applicable amendments and changes, if the Contractor’s work includes managing, maintaining, establishing and presenting information on VA’s Internet/Intranet Service Sites.? This pertains, but is not limited to: creating announcements; collecting information; databases to be accessed, graphics and links to external sites. Internet/Intranet Services Directive 6102 is posted at (copy and paste the following URL to browser): Services Handbook 6102 is posted at (copy and paste following URL to browser): of the Federal Accessibility Law Affecting All Electronic and Information Technology Procurements? (Section 508)On August 7, 1998, Section 508 of the Rehabilitation Act of 1973 was amended to require that when Federal departments or agencies develop, procure, maintain, or use Electronic and Information Technology, that they shall ensure it allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees.? Section 508 required the Architectural and Transportation Barriers Compliance Board (Access Board) to publish standards setting forth a definition of electronic and information technology and the technical and functional criteria for such technology to comply with Section 508. These standards have been developed are published with an effective date of December 21, 2000. Federal departments and agencies shall develop all Electronic and Information Technology requirements to comply with the standards found in 36 CFR 1194.Section 508 – Electronic and Information Technology (EIT) Standards:The Section 508 standards established by the Architectural and Transportation Barriers Compliance Board (Access Board) are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure Electronic and Information Technology (EIT). These standards are found in their entirety at: and . A printed copy of the standards will be supplied upon request.? The Contractor shall comply with the technical standards as marked: _x_§ 1194.21 Software applications and operating systems_x_§ 1194.22 Web-based intranet and internet information and applications_x_§ 1194.23 Telecommunications products_x_§ 1194.24 Video and multimedia products_x_§ 1194.25 Self contained, closed products_x_§ 1194.26 Desktop and portable computers_x_§ 1194.31 Functional Performance Criteria_x_§ 1194.41 Information, Documentation, and SupportThe standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.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.The Contractor and their personnel shall wear visible identification at all times while they are on the premises.The 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.? The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.Smoking is prohibited inside/outside any building other than the designated smoking areas.Possession of weapons is prohibited.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.Confidentiality and Non-DisclosureThe 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.??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.The VA Contracting Officer 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 Contracting Officer for response.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.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 Contracting Officer.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. 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.Contractor must adhere to the following:The use of “thumb drives” or any other medium for transport of information is expressly prohibited.Controlled access to system and security software and documentation.Recording, monitoring, and control of passwords and privileges.All terminated personnel are denied physical and electronic access to all data, program listings, data processing equipment and systems.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.Contractor PM and VA PM are informed within twenty-four (24) hours of any employee termination.Acquisition sensitive information shall be marked "Acquisition Sensitive" and shall be handled as "For Official Use Only (FOUO)".Contractor does not require access to classified data.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.ADDENDUM BVA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE VA HANDBOOK 6500.6, APPENDIX C, MARCH 12, 2010GENERALContractors, Contractor personnel, Subcontractors, and Subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMSA Contractor/Subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, Subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.All Contractors, Subcontractors, and third-party servicers and associates working with VA information 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.Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the Contractor/Subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor. The Contractor or Subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or Subcontractor’s employ. The Contracting Officer must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.VA INFORMATION CUSTODIAL LANGUAGEInformation 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).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.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 Contracting Officer within 30 days of termination of the contract.The Contractor/Subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract. The Contractor/Subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/Subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/Subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed. If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. If a VHA contract is terminated for cause, the associated Business Associate Agreement (BAA) must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship. The Contractor/Subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.The Contractor/Subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/Subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The Contractor/Subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.Notwithstanding the provision above, the Contractor/Subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the Contractor/Subcontractor is in receipt of a court order or other requests for the above mentioned information, that Contractor/Subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or 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 RMATION SYSTEM DESIGN AND DEVELOPMENTInformation 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). 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.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.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.Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.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. 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.The Contractor/Subcontractor agrees to: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:The Systems of Records (SOR); andThe design, development, or operation work that the Contractor/Subcontractor is to perform;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; andInclude 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 SORIn 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.“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.“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.“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.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.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 2 days. 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 based upon the requirements identified within the contract. 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 contracting officer and the VA Assistant Secretary for Office of Information and RMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USEFor 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’s network involving VA information must be reviewed and approved by VA prior to implementation.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.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.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 contracting officer and the ISO for entry into VA’s POA&M management process. The Contractor/Subcontractor must use VA’s 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.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.VA prohibits the installation and use of personally-owned or Contractor/Subcontractor owned equipment or software on VA’s 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.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.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:Vendor must accept the system without the drive;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; orVA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.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;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; andAny 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.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.SECURITY INCIDENT INVESTIGATIONThe 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.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.With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.In instances of theft or break-in or other criminal activity, the Contractor/Subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The Contractor, its employees, and its Subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The Contractor/Subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.LIQUIDATED DAMAGES FOR DATA BREACHConsistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the Contractor/Subcontractor processes or maintains under this contract.The Contractor/Subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.Each risk analysis shall address all relevant information concerning the data breach, including the following:Nature of the event (loss, theft, unauthorized access);Description of the event, including:date of occurrence;data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;Number of individuals affected or potentially affected;Names of individuals or groups affected or potentially affected;Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;Amount of time the data has been out of VA control;The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);Known misuses of data containing sensitive personal information, if any;Assessment of the potential harm to the affected individuals;Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; andWhether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:Notification;One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;Data breach analysis;Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;One year of identity theft insurance with $20,000.00 coverage at $0 deductible; andNecessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.SECURITY CONTROLS COMPLIANCE TESTINGOn 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-day’s 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. TRAININGAll Contractor employees and Subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to access to VA information and information systems;Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually complete required security training;Successfully complete VHA Privacy Policy Training if Contractor will have access to PHI;Successfully complete the appropriate VA privacy training and annually complete required privacy training; andSuccessfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access The Contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.TYPE OF CONTRACT FORMCHECKBOX Firm Fixed Price FORMCHECKBOX Cost Reimbursement FORMCHECKBOX Labor-Hour FORMCHECKBOX Time-and-Materials FORMCHECKBOX Other __________ SCHEDULE FOR DELIVERABLESNote: Days used in the table below refer to calendar days unless otherwise stated. Deliverables with due dates falling on a weekend or holiday shall be submitted the following Government work day after the weekend or holiday.TaskDeliverable ID Deliverable Description REF _Ref259632988 \r \h 5.1AQuality Control ProgramDue five (5) business days after contract (DAC). Any revisions to be submitted for VA PM concurrence within 24 hours of change.Electronic submission to: VA PM COR, COInspection: destinationAcceptance: destination5.2AMonthly Status ReportDue the fifteenth day of each month throughout the period of performance (PoP).Electronic submission to: VA PM, COR, COInspection: destinationAcceptance: destination5.2BDaily Report of Customer Billable ServicesDue no later than (NLT) 10:00 AM local time the next business day following the daily report throughout the PoP.Electronic submission to: VA PM, COR, COInspection: destinationAcceptance: destination5.2CAccident ReportDue within 24 hours of incident occurrence throughout the PoP.Electronic submission to: VA PM, COR, COInspection: destinationAcceptance: destination5.2DPersonnel ReportDue within two (2) business days of new employee starting work throughout the PoP.Electronic submission to: VA PM, COR, COInspection: destinationAcceptance: destination5.4ALeak Check Repair FormsDue NLT end of inspection day when leaks are found.Electronic submission to: VA PM, COR, COInspection: destinationAcceptance: destinationPOINTS OF CONTACTVA Program Manager:Name: Mark BradyAddress:Corporate Data Center OperationsAustin, TX 78772Voice:512-326-6057Email:mark.brady1@Contracting Officer’s Representative:Name: Kim TuggleAddress:VA Records Center and VaultNeosho, MO 64850Voice:417-451-4967Email:kim.tuggle@Contracting Officer:Name: Mark E. ShumakeAddress:1701 Director’s Blvd., Suite 600Austin, TX 78744Voice:512-981-4413Email:mark.shumake@Contract Specialist:Name: Reuben ZepedaAddress:1701 Director’s Blvd., Suite 600Austin, TX 78744Voice:512-981-4413Email:reuben.zepeda@ ................
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