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Fort Harrison VA Regional Office

Statement of Work
Cloud-based PACS and Duress System - FHM

Table of Contents

Vision Statement 4
1 Introduction 4
1.1 Background 4
1.2 Scope 6
2 General Requirements 8
2.1 Non-Personal Services 8
2.2 Business Relations 8
2.3 Contract Administration and Management 8
2.3.1 Contract Management 8
2.3.2 Contract Administration 8
2.4 Subcontract Management 9
2.5 Contractor Personnel, Disciplines, and Specialties 9
2.6 Location and Hours of Work 9
2.7 Travel 9
3 Performance Requirements 9
3.1 Purchase cloud based server. . 9
3.2 Prepare backup data base . 10
3.3 Install CCURE backup database onto new PACs server. . 10
3.4 Provide training on new PACs system . 10
4 Special Requirements 10
4.2 Safety 11
4.3 Government Furnished Materials 11
4.6 Quality 11
4.6.1 Quality Control 11
4.6.2 Quality Assurance Surveillance Plan (QASP) 12
5 Deliverables 12
6 Related Documents 14
6.5 VAACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE 15
7 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY 15
7.1 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS 15
7.2 VA Information Custodial Language 16
7.3 INFORMATION SYSTEM DESIGN AND DEVELOPMENT 18
7.4 Information System Hosting, Operation, Maintenance, or use 20
7.5 Security Incident Investigation 22
7.6 Liquidated damages for data breach 23
7.7 Security controls compliance testing 25
7.8 Training 25
Statement of Work (SOW)
Purchase PAC server - FHM

1 Introduction
In accordance with VA Directive 0730 (12 December 2012) the Fort Harrison Veterans Administration Regional Office is responsible for protecting the lives and property within VAs jurisdiction to which includes the safety and security of its employees and visitors as well as the security and access of the facility, equipment, supplies, and personal service records within the Fort Harrison Regional Office. Fort Harrison Regional Office is therefore submitting  an acquisition packet for installing a cloud based Personnel Access Control System (PACs).
1.1 Background
Homeland Security Presidential Directive 12 (HSPD-12) requires federal agencies to issue secure and reliable identification to all employees and contractors. Federal Information Processing Standards (FIPS) Publication 201-1 Personal Identify Verification (PIV) of Federal Employees and Contractors, issued by the National Institute of Standards and Technology (NIST), establishes the technical specifications for the smart cards that respond to this requirement. HSPD-12 requires Federal agencies to provide a common identity (ID) credential system for all federal employees and contractors. PIV badges are electronically verifiable and protected by digital certificates, biometric data, and a Personal Identification Number (PIN) code. These credentials are issued, tracked, and revoked from a central management system and require applicant background checks.
On February 3, 2011, the Office of Management and Budget (OMB) released Memorandum 11- 11, Continued Identification of HSPD 12 that requires all federal agency systems be enabled to use PIV credentials in accordance with NIST guidelines. OMB directs agencies to use PIV badges in daily operations and integrate centrally managed PIV badge systems with Physical Access Control Systems (PACS). PACS readers must, at a minimum, extract unique token identifier information from the PIV badge and, by FY 2022, existing federal physical and logical access control systems must be upgraded to use PIV credentials.
In accordance with VA Directive 0730 (12 December 2012) the Fort Harrison Veterans Administration Regional Office (VARO) is responsible for protecting the lives and property within VAs jurisdiction which includes the safety and security of its employees and visitors as well as the security and access to the facility, equipment, supplies, and personal service records within the Fort Harrison VA Regional Office and therefore has a requirement for a Physical Access Control System, PACS.
The PACS will encompass an electronic employee identification system that will assign identity, monitor, and grant or restrict access to all office doors throughout the VARO facility by use of a PIV badge that will open approved exterior and interior doors. Graphical User Interface software system will integrate the currently installed HID Readers, surveillance security cameras, physical and duress buttons, servers, and current and archived data sets.
Objective
The objective of this Statement Of Work is to specify the deliverables the contractor is required to accomplish to replace the PACS, surveillance, and duress systems at the Fort Harrison VARO to bring the Fort Harrison VARO into compliance with the guidelines and regulations annotated above.
The contractor will identify the equipment (IT and non-IT related), software, surveillance security cameras, camera software, and data requirements that are required to install a replacement PACS software, duress monitoring/reporting system, and a security camera system or equivalent that carries all required licensing and that meets all requirements stated herein.
Currently the Fort Harrison VAROs PACSs ethernet devices are physically connected to the VA network and also logically separated by a Virtual Local Area Network (VLAN) . This has enabled circumvention of secure baseline configurations and has made the current PACS devices susceptible to vulnerability attacks. Having the PACS on the VLAN network does not meet VA security requirements and hampers necessary mitigations of security risks to the Fort Harrison VARO Network.
The contractor will alleviate this issue by ensuring the Electronic Security Surveillance System (ES3) Server (provided by the contractor) is implemented and configured on its own closed network utilizing up to date industry security standards. The contractor will ensure the server is a standalone system (could be cloud based) with accompanying training and support. The contractor will install a non-proprietary software that monitors and controls all aspects of the system under a single Graphical User Interface (GUI). The contractor will determine and submit a detailed report of all necessary equipment to be acquired or upgraded with justifications prior to implementation. The contractor will use existing equipment and materials when able. All additions, repairs or upgrades to equipment and material must be documented and a justification provided to the CO and COR via a standardized template.
The current Physical Access Control Systems, PACS server supporting the Fort Harrison VA Regional Office (VARO) is currently maintained by the Fort Harrison VA Medical Center is frequently inoperable and unable to support the physical security requirements of the Fort Harrison VA Regional Office. Â Therefore, the Fort Harrison VA Reginal Office has a requirement to purchase a newer server and install the current software on the new server before taking the existing server offline. Â The VARO is therefore going to solicit and award an acquisition contract to a SDVOSB company for the procurement of a server that will become the property of the US Government. Â Contractor will provide all labor, parts, materials, and personnel to fully execute this contract.
1.2 Scope
Contractor will be responsible for providing all tools, supplies, equipment, transportation, and labor to Migrate the existing Electronic Security Surveillance System (ES3) onto a stand-alone network which includes but is not limited to, i-star control panels, switches, Nonproprietary software, cameras, electronic door locking systems, gates, Data Migration, HID PIV integration software and electronic PIV recognition devices (wall mounts outside office spaces) required at the Fort Harrison VA Regional Office.
Software will seamlessly import PIV data from active PIV cards to create or update security profiles via PIV and PIN authentication. The Software will be in a single graphical user interface that integrates administration, monitoring, cameras, recording, alarms, duress, and security information. Software will have automated diagnostic capabilities that identifies and reports malfunctioning devices.
The ES3 server be setup as a stand-alone network. Â Cloud based is acceptable. The Contractor shall provide all supervision, labor, administrative support, materials, tools, parts, supplies, equipment, software, hardware, and transportation necessary to fulfill all the requirements of this Statement of Work (SOW) effectively and efficiently. The migration will preserve the current remote monitoring stations at the Police Services desk, remote monitoring stations in the Support Services Division and Directors office or include the ability to securely remote access all monitoring and administration functions. All stations shall be configured with Windows 10 enterprise or equivalent. Migration and configuration to operational functionality will be completed within 45 days of the Notice to Proceed. Contractor will provide initial familiarization training in the preceding week to the go live date as well as a quarterly refresher for all users.
At a minimum the software must contain the following salient characteristics:
Unlimited end-user/access control for software & security updates (no server maintenance) with ability to access and manage site from ANYWHERE
Unlimited remote service tech support for the life of the system
Ability to access the regions through FIPS 140-2 service endpoints.
From Controlled Unclassified Information (CUI), Personally Identifiable Information (PII), sensitive veteran records, and financial data to law enforcement data, export-controlled data and other forms of CUI, AWS GovCloud (US) Regions.
Hosted server automatically capable of one year of backed-up data
Multi-layer security that includes two-factor authentication and Secure Socket Layer login
Windows browser interfaces & 3rd Party Integration
Unlimited Mobile iOS & Android mobile app for end-users and indefinite training
Unlimited number of application/instances to end-users
VMS Integration (dependent upon licenses, manufacturer, and current VMS.)
Intrusion detection system integration (dependent upon licenses and manufacturer.)
Minimum hardware requirements
Contractor to use existing readers, door hardware, and cabling as required to have a functional PACS system.
(3) additional access control points to be added to PACs system. The 3 additional access control points will require electrified door hardware, pivCLASS readers, plenum shielded low voltage cabling, necessary power, and controllers.
Access Control (PACS) system to have integration capability with video management system software.
Contractor to provide a stand-alone network and at minimum 4G connection for PACS system.
Contractor to provide a computer for registration of DoD PIV cards.
Contractor is responsible for providing engineered drawings, hardware, programming, installation, project management, scheduling, and training to ensure a turn-key PACs system is in place.
All hardware and workmanship will be free from defects for 1-year.
The contractor will furnish service and maintenance for the access control PACS system as identified from date of Substantial Completion for 1 year.
The scope of services includes standard warranty service to the entire ES3 including all Camera, Duress system components, i.e., control panel, electronic door locks, cameras, and electronic PIV recognition devices (wall mounted card readers) etc., within the Regional Office; immediate response to service calls; system administrative functions; and software installation to include maintaining current updates to the new software system. Initial training and online training resources along with on-call technical support is to be available by both telephone and/or email request.
The contractor will conduct a complete site validation assessment within 10 days of the Notice to Proceed to confirm the quantities and types of readers (contactless, contactless plus keypad, etc.), servers, surveillance security cameras, network video recorder (NVR), Server Software and System Boards called for in the System Detail Document as well as the reader mounts (mullion, gang box, outdoor, etc.) and their locations. Two (2) workdays are allotted for site validation assessments at the facilities and must not interfere with normal facility operations. The site validation assessment will also cover the working rules, site access, equipment staging, special access area requirements, and other facility specific conditions under which the removal and replacement of readers, switches, server, server software and system boards will be performed. A planned date for commencement of necessary PACS system components change outs will also be established with the facility during the visit.
Panic and duress software installation - upon completion of PACS installation the contractor will acquire and set up a panic and duress server along with 25 clint licenses. Â The panic and duress software will be loaded on to ALL FHM RO employee computers with 25 computers (COR will designate) receiving the client software allowing for the broadcasting and notification of a duress signal. Â This signal will be received by the police at the front entrance of the facility as well as at the main police dispatch center on Fort Harrison VA Campus. Â This system must also be able to broadcast panic/duress signals via SMS text to specific cell phones (COR will designate). Â In addition, the system must allow for employee notification for other events to include Shelter-In-Place, Bomb Alerts, Active Shooter, etc. The system must allow local administrators / security managers the ability to create and broadcast emergency information. This system will have the same salient characteristics as the LYNX Emergency Notification System. Set up and installation must be coordinated with the Regional IT Manager/team as well as Fort Harrison Police.
2 General Requirements
This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.
2.1 Non-Personal Services
The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.
2.2 Business Relations
The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.
2.3 Contract Administration and Management
The following subsections specify requirements for contract, management, and personnel administration.
2.3.1 Contract Management
The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between the Support Operations Division, SSD Â at 3633 Veterans Drive, Fort Harrison, MT 59636 and the contractor's corporate offices.
2.3.2 Contract Administration
The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.
2.4 Subcontract Management
The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Contracting Officer (CO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted.
2.5 Contractor Personnel, Disciplines, and Specialties
The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The contractor shall ensure the labor categories as defined in the Labor Categories document (see base contract), labor rates, and man-hours utilized in the performance of each task of this SOW issued hereunder will be the minimum necessary to accomplish the task.
The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.
2.6 Location and Hours of Work
Accomplishment of the results contained in this SOW requires work at 3633 Veterans Drive, Fort Harrison MT 59636. Â Normal workdays are Monday through Friday except US Federal Holidays. This work is to be performed between the hours of 7 am and 4:30pm. Â Weekend work may be authorized with prior approval (48hrs) with the COR. Â
2.6.1 Period of Performance 60 days from date of Notice to Proceed.
2.7 Travel
The contractor is responsible for all travel related costs in the performance of this contract. Â The government will not reimburse any travel related costs.
3 Performance Requirements
The following section specifies the Performance Objectives and Performance Elements for the contract.
3.1 Purchase cloud-based server.
Contractor will provide a cloud based, e.g., GovCloud PAC system for managing and monitoring employee access to and within the doors of the Fort Harrison VA Regional Office. The cloud-based PAC system must have the ability to run reports showing who presented a government issued PIV badge or used a key to open any door at the regional office. Â The new cloud-based PAC system must be compatible with existing door hardware and PIV card (HID) card readers. Contractor will remove and replace existing PAC controllers and replace with Mercury Security Platform controllers i.e., Non-proprietary, open platform/source controllers. The PAC system must be able to be accessed remotely by the RO Physical Security Team. Contractor will provide 3 standalone laptops, 3 external monitors, 3 keyboard and mouse as well as internet service for accessing the cloud-based PAC system. Laptops will come with MS Suite software
Performance Standards
a) Standard: Addresses all program areas
  AQL: Supports physical security access.
b) Standard: Ensure compatibility with existing PAC equipment.
  AQL: Must be able to interface, communicate, and operate with existing iSTAR panels and equipment located throughout the building.
Deliverables
A001 Site Validation

3.2 Prepare backup data base.
Contractor will create backup data base from current CCURE server located at Fort Harrison VA Medical Center server room. Â Contractor is responsible for verifying backup is viable and uncorrupted prior deleting from the existing CCURE server.
Performance Standards
a) Standard: Identifies and corrects deficiencies
  AQL: Database is uncorrupted.
Deliverables
A002 Establish standalone network

3.3 Install CCURE backup database onto new PACs server.
Contractor will install CCURE backup database onto new Cloud Based PACs server ensuring all (100%) employee data is carried over. Â
Performance Standards
a) Standard: Identifies and corrects deficiencies
  AQL: 100% of all PIV data from CCURE backup database is carried over and PIV cards operate all doors as determined.
Deliverables
A005 Implementation

3.4 Provide training on new PACs system.
Contractor will provide no less than 48hrs training for two SSD employees. Â Prior to submitting final invoice contractor will ensure SSD staff are trained and able to operate PACs software.
Performance Standards
a) Standard: Comprehensive
  AQL: Training covers 100% PAC functions and capabilities

4 Special Requirements
This section describes the special requirements for this effort. The following sub-sections provide details of various considerations on this effort.
4.2 Safety
SAFETY - The Contractor shall comply with all applicable Federal, State and local legal requirements regarding workers health and safety. Â The requirements include but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926. Â Contractor is solely responsible for determining the legal requirements that apply to activities and shall ensure safe and healthful working conditions for its employees. Contractor shall comply with all applicable codes, laws, rules, regulations, and safety requirements. Erect safety barriers, signs, flagging, and devices as appropriate to warn and protect the workmen and the public. Protect the existing site and other property. Remove all demolished materials, debris, waste, and scraps. The waste materials will be disposed of in accordance with the environmental guidelines and standards of Montana. No construction materials to include packaging materials will be left on site.
RISK ASSESSMENT - The Contractor will ensure an overall risk assessment is completed when performing work on ladders, lifts, scaffolding, etc. Â Whenever there is an additional trade or change of function, i.e., use of a crane or sky lift an additional risk assessment will be performed for that event.
EQUIPMENT - The Contractor shall provide all safety equipment/devices, MSDS, personal protective equipment and clothing as required for its employees. Â Copies of all MSDS shall be provided to the COR.
4.3 Government Furnished Materials
The government shall provide at no cost parking space and access to the VARO loading docks as necessary. Â
4.6 Quality
This section describes the Quality Control components for this effort. The following sub-sections provide details of various considerations on this effort.
4.6.1 Quality Control
The Contractor shall develop a Quality Control Plan, QCP and maintain an effective quality control program to ensure services are performed in accordance with this SOW. Â The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. Â The Contractor's QCP is the means by which he assures himself that his work complies with the requirement of the contract. Â
The finalized QCP will be accepted by the Government at the time of the award of the Task/Delivery Order. Â The Contracting Officer may notify the Contractor of required modifications to the plan during the period of performance. Â The Contractor then shall coordinate suggested modifications and obtain acceptance of the plan by the Contracting Officer. Â Any modifications to the program during the period of performance shall be provided to the Contracting Officer for review no later than 10 working days prior to effective date of the change. The QCP shall be subject to the Government's review and approval. Â The Government may find the QCP "unacceptable" whenever the Contractor's procedures do not accomplish quality control objective(s). Â The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."
4.6.2 Quality Assurance Surveillance Plan (QASP)
The Government shall monitor the Contractor's performance under this Task/Delivery Order in accordance with the Government's Quality Assurance and Surveillance Plan, QASP. See attached
5 Deliverables
The contractor shall provide deliverables as described in subsequent task orders. Deliverables shall be specified by the government. Format and delivery schedule for deliverables shall be outlined in CDRLs and/or other means TBD.

Number
Name
Frequency
Quantity
A001
Site Validation
Once prior work
1
The contractor will conduct a full site validation and document existing hardware and capabilities within 10 days of the Notice to Proceed.
The contractor will provide a written report of the results of the site validation within 15 days of the Notice to Proceed and it will include a Work Breakdown Structure (WBS), as well as the following information:
Listing of readers, cameras, switches, patch panels, server, server software and system boards by location, type, and form factor.
Date of site validation and planned date for start of work.
Details of any additional readers, servers, NVR, server software and system boards and/or systems discovered by location, type, and form factor and will include a justification for review.
Initial schedule for execution readers, server, server software and system boards change out work.
Listing of surveillance security cameras, camera software and NVR.
This report will be submitted electronically to the Contracting Officer (CO), Contracting Officer s Representative (COR) and will be maintained and updated quarterly by the contractor to include service tickets.
This report will be included in the Post Change Out Report.

A002
Establish standalone network
Once
1
Remove physical server from VBA Network and implement stand-alone network. Within 45 days of acceptance of the site validation and schedule.
A003
Data Integrity
Once / as needed
1

Confirm data integrity and access of all monitoring stations on stand-alone network.
A004
Connectivity
Once / as needed
1

Confirm connectivity to all hardware, cameras, physical duress buttons, doors and all other component devices.
A005
Implementation
Once / as needed
1

Software implementation and configuration of single Graphical User Interface with access to migrated data and current connectivity that meets or exceeds current capabilities. Within 45 days of the Notice to Proceed.
Software will maintain and contractor will demonstrate all existent functionality of the new system, which will be configurable to meet current and future site-specific requirements within 60 days of the Notice to Proceed.
All labor required to install, implement, train, and demonstrate functionality to stakeholders. Contractor will be responsible for procuring support from existent service providers or manufactures.
Technical Service Desk Support: Unlimited, Monday- Sunday, 6:00 am 6:00 pm MST

A006
Priority support
Once / as needed
1

Priority support service: 4 business hour service technician response.

6 Related Documents
The following Documents are related to this project
VA Directive and Handbook 0710

     Personnel Suitability and Security Program.
FAR 52.227-14(d)(1)

     Federal Acquisition and Regulation
VA Directive 6300

     Records and Information Management
Handbook 6300

     Records Management Procedures
VA Handbook 6500.1

     Electronic Media Sanitization
VA Handbook 6500.3

     Certification and Accreditation and/or the VA OCS Certification Program Office
7 VAACQUISITION REGULATION SOLICITATION PROVISION AND CONTRACT CLAUSE
a. SUBPART839.2 INFORMATION AND INFORMATION TECHNOLOGYSECURITY REQUIREMENTS 839.201 Contract clause for Information and Information Technology Security: a. Due to the threat of data breach, compromise or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with Federal laws and regulations, VA has developed an Information and Information Technology Security clause to be used when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media). b. In solicitations and contracts where VA Sensitive Information or Information Technology will be accessed or utilized, the CO shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources.

b. 852.273-75- SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGYRESOURCES(INTERIM- OCTOBER 2008) As prescribed in 839.201, insert the following clause: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.
8 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY
GENERAL - Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
8.1 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
All contractors, subcontractors, and third-party servicers and associates working with VA information is subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.
Custom software development and outsourced operations must be 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 subcontractors employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.
8.2 VA Information Custodial Language
 Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d)(1).

VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor s information systems or media storage systems 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 VAs information is returned to the VA or destroyed in accordance with VAs sanitization requirements. VA reserves the right to conduct onsite inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are 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 the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
 The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract.
The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12. g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
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/subcontractors firewall and Web services security controls, if applicable, shall meet or exceed VAs 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:
in response to a qualifying order of a court of competent jurisdiction, or
with VAs prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
 Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
 For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the Contracting Officer Representative (COR).
8.3 INFORMATION SYSTEM DESIGN AND DEVELOPMENT
a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. Â 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). Â During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.
b. The contractor/subcontractor shall certify to the COTR 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 the VA. Â This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.
c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Â Information technology staff must also use the Windows Installer Service for installation to the default "program files directory and silently install and uninstall.
d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.
e. 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.
f. 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. Â Violation of the Privacy Act may involve the imposition of criminal and civil penalties.
g. 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:
      (a)  The Systems of Records (SOR); and
      (b)  The design, development, or operation work that the contractor/subcontractor is to perform.
             (1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and
              (2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.
h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. Â 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.
       (1) "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.
        (2)  "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 persons name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.
       (3)  "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.
i. 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. Â This includes, but is not limited to workarounds, patches, hotfixes, 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. Â The vendor shall ensure that Security Fixes shall not negatively impact the Systems.
j. 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). Â Such issues shall be remediated as quickly as is practical, but in no event longer than __2__ days.
k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. Â When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within _2__ days.
l. Â 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. Â 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 Technology.
8.4 Information System Hosting, Operation, Maintenance, or use
Information systems - For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VAs 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 contractors 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 VAs POA&M management process. The contractor/subcontractor must use VAs 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, 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 VAs 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 the 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.
VAs initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or
VA 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 the 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; and
Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract.
 A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (6.8.4.1) and (6.8.4.2) controls above are in place and completed. The ISO needs to maintain the documentation.
8.5 Security Incident Investigation
The term "security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the 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/subcontractors notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
 In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
8.6 Liquidated damages for data breach
Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a "security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
Each risk analysis shall address all relevant information concerning the data breach, including the  following:
Nature of the event (loss, theft, unauthorized access)
Description of the event, including date of occurrence.
Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
Number of individuals affected or potentially affected; Names of individuals or groups affected or potentially affected:
Ease of logical data access to the lost, stolen or improperly accessed data 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.
 Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.
Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $45.00 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.
Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
8.7 Security controls compliance testing
On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
8.8 Training
All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems.
Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training.
 Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
 Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]
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.

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