2 ProTrack SLA Synopsis This notice is a Notice of Intent (NOI). This notice is published in accordance with Federal Acquisition Regulation (FAR) 5.101(a)(1) requiring dissemination of information regarding proposed contract actions. This is a Notice of Intent to award a Sole Source Firm-Fixed Price Contract under the authority of 41 U.S.C. 3304(a)(1), as implemented by FAR 13.106-1(b) - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements., and is not a request for competitive quotes. The Department of Veterans Affairs, Office of Employee Education Systems intends to award a firm-fixed price sole source contract to Myer Information Systems, Inc.; 110 Elm Street, Westfield, Massachusetts, 01085. 1. Title of Project: ProTrack SLA 2. Background: The Department of Veterans Affairs (VA), Employee Education System (EES) produces and distributes educational programs for all VA employees. The programs are distributed by various paths, satellite, Web based, Training Management System (TMS) etc. The satellite distribution workflow for the VAKN (VA Knowledge Network) uses Myers/ProTrack traffic software system for the on air program scheduling. The two programing channels are VAOne and VNN (Veterans News Network). Both are 24/7/365 content delivery channels. So, its imperative that the traffic system is online and functional 24/7/365. The Myers/ProTrack traffic system software is a proprietary system that can only be supported by Myers/ProTrack. 3. Objectives: This project is for the remote technical support of the Myers/ProTrack traffic system software. This remote support shall be given on a 24/7/365 basis via VPN, telephone or Teams meetings or emails. At least one Myers/ProTrack support engineer shall acquire and maintain an OI&T advanced privilege account/ zero account (Tier 2S). 4. Scope of Work: The Contractor shall provide the following support services: 1 Off-site maintenance support for the ProTrack Traffic software System on a 24/7/365-day basis. This maintenance support shall be obtainable via telephone, email, and/or Virtual Private Network (VPN) connection as required to provide a solution to the problem within 24 hours for critical and configuration and management issues, and within 72 hours for other non-critical issues, unless major code modification and regression testing is required, or hardware replacement is required. The Contractor shall contact the local service ticket originator and the Contracting Officer Representative (COR)/Program Manager (PM) within one business day of the service ticket origination. 2 Users and Administrators support in resolving problems encountered using the ProTrack traffic software System. The Contractor shall provide a solution to the problem within 24 hours for critical and configuration and management issues, and within 72 hours for other non-critical issues, unless major code modification and regression testing is required for the request. If resolution of issues cannot be resolved remotely within the five business days, the Contractor may be required to provide on-site engineer support. 3 Installation and deployment of all ProTrack manufacturer patches, fixes, and workarounds. Prior to any maintenance actions, the Contractor shall identify and coordinate with the COR and hosting environment POC for approval to implement any maintenance actions to ensure any updates, patches and fixes will not impact the operations of the hosting environment. 4 The Contractor shall coordinate with the COR to schedule maintenance activities. Maintenance activities shall occur during off business hours (after 7PM and before 7AM weekdays) or weekends. The Contractor shall document all maintenance actions in the ticket closeout Report. 5 The Contractor shall have at least one (1) personnel obtain and maintain a VA Office of Information & Technology Moderate Risk Background Investigation (MBI) security clearance, with eToken to gain remote access to the ProTrack traffic software system. 5. Applicable Documents: None 6. Mandatory Tasks and Deliverables: The Contractor shall perform the mandatory tasks and provide the specific deliverables within the performance period stated in this Statement of Work (SOW). If, for any reason, any deliverable cannot be delivered on time according to the below schedule, the Contractor shall provide a written explanation to the Program Manager (PM)/Contracting Officer s Representative (COR) three days prior to deliverable due date. This written transmittal shall include a firm commitment of when the work shall be completed. This transmittal to the PM/COR shall cite the reasons for the delay and the impact on the overall project. The Contractor shall not commit or permit any act that interferes with the performance of work awarded to another Contractor or with the performance of Government employees. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor must restore such disturbed work. Task 6.1: The contractor shall develop a detailed Contractor Project Management Plan (CPMP) and briefing, which may be held in conjunction with a formal Government post-award meeting for Employee Education System (EES). The CPMP shall present the Contractor's plan for completing the contract and shall be responsive to this SOW and describe, in further detail, the approach to be used for each aspect of the contract as defined in the Contractor s technical proposal. At a minimum, the CPMP shall include the Contractor s plan for managing the project, risk, quality, scope, change management, detailed schedule, and Contractor staff. The Contractor shall record and distribute minutes of the contract post-award meeting. Deliverable 6.1: Contractor Project Management Plan Contract Post-Award meeting minutes Task 6.2: 6.2.1 Off-site maintenance support for the ProTrack Traffic software System on a 24/7/365-day basis. This maintenance support shall be obtainable via telephone, email, and/or Virtual Private Network (VPN) connection as required to provide a solution to the problem within 24 hours for critical and configuration and management issues, and within 72 hours for other non-critical issues, unless major code modification and regression testing is required, or hardware replacement is required. The Contractor shall contact the local service ticket originator and the Contracting Officer Representative (COR)/Program Manager (PM) within one business day of the service ticket origination. 6.2.2 Users and Administrators support in resolving problems encountered using the ProTrack traffic software System. The Contractor shall provide a solution to the problem within 24 hours for critical and configuration and management issues, and within 72 hours for other non-critical issues, unless major code modification and regression testing is required for the request. If resolution of issues cannot be resolved remotely within the five business days, the Contractor may be required to provide on-site engineer support. 6.2.3 Installation and deployment of all ProTrack manufacturer patches, fixes, and workarounds. Prior to any maintenance actions, the Contractor shall identify and coordinate with the COR and hosting environment POC for approval to implement any maintenance actions to ensure any updates, patches and fixes will not impact the operations of the hosting environment. 6.2.4 The Contractor shall coordinate with the COR to schedule maintenance activities. Maintenance activities shall occur during off business hours (after 7PM and before 7AM weekdays) or weekends. The Contractor shall document all maintenance actions in the ticket closeout Report. 6.2.5 The Contractor shall have at least one (1) personnel obtain and maintain a VA Office of Information & Technology Moderate Risk Background Investigation (MBI) security clearance, with eToken to gain remote access to the ProTrack traffic software system. 6.2 Deliverables: Service ticket close out report Table 1, Mandatory Deliverable Table Deliverable Description Quantity Due Date 6.1A Contractor Project Management Plan 1 Within 10 days of contract award 6.1B Contract Post-award meeting minutes 1 Within five days of scheduled event 6.2 Project closeout report 1 Within five days of onsite project completion 7. Evaluated Optional Tasks and Deliverables: NA 8. Quality Control: 8.1 Performance Monitoring: Contractor s performance will be monitored with specific performance standards used for monitoring and measuring the Contractor s performance (see Table 1 below). The PM/COR will perform observations inspection of the services covered under the contract. The PM/COR will certify receipt of services and/or goods and recommends acceptance of the services/deliverables. This process will be used for approval of payment for the Contractor s invoices and will serve as the mechanism to document that the overall performance of the Contractor has been acceptable for the period covered by the invoice. Table 1. Performance Requirements Summary (PRS) The deliverables are shown below. The Performance Standard is defined as Work being completed within established timeframes. Performance Indicator Performance Standard Minimum Acceptable Standard Method of Surveillance Frequency The satisfactory resolution of support service tickets The completion of critical service tickets within 24 hours. unless requiring hardware replacement etc. the completion of non-critical service tickets within 72 hours. unless requiring hardware replacement etc. 2 or less instances where a service ticket wasn t completed in the allotted time allows in a PoP period. Direct Observation/User report Monthly 9. Government-Furnished Equipment (GFE)/Government Furnished Information (GFI): The Government will provide a GFE laptop if deemed needed by the contractor to successfully execute the requirements of the contract. will be determined on a case by case bases. 10. Performance Details: 10.1 Period of Performance: The period of performance shall be one year from date of contract award. The government also requires three additional one-year option periods for continued service support. 10.2. Place of Performance: Work shall be performed at the EES facility at 1 Jefferson Barracks Drive Building 56, St. Louis, MO. 63125. 10.3 Observance of Government Holidays. There are 10 Federal holidays set by law (USC Title 5 Section 6103). Under current definitions, four are set by date: New Year's Day January 1 Independence Day July 4 Veterans Day November 11 Christmas Day December 25 If any of the above falls on a Saturday, then Friday shall be observed as a holiday. Similarly, if one falls on a Sunday, then Monday shall be observed as a holiday. The other six holidays are set by a day of the week and month: Martin Luther King's Birthday Third Monday in January Washington's Birthday Third Monday in February Memorial Day Last Monday in May Labor Day First Monday in September Columbus Day Second Monday in October Thanksgiving Fourth Thursday in November 10.4. Type of Contract: The Government anticipates award of a Firm Fixed-Price contract. 10.5. Travel: Travel and per diem are cost reimbursable items, and they shall be reimbursed in accordance with VA/Federal Travel Regulations (FTR). Each Contractor invoice must include copies of all receipts that support the travel costs claimed in the invoice. The Contractor is only entitled to actual cost spent while on travel that falls within the perimeters as set forth within the FTR, to include food. Travel must be pre-approved by the Contracting Officer (CO). Travel must be priced separately in the price schedule. Local travel within a 50-mile radius from the Contractor s facility is considered the cost of doing business and will not be reimbursed.  This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience and daily travel to and from work at the Contractor s facility will not be reimbursed. Travel, subsistence, and associated labor charges for travel time for travel beyond a 50-mile radius of the Contractor s facility are authorized on a case-by-case basis and must be pre-approved by the CO. The Government does not anticipate travel under this SOW. 10.6 Contractor Reporting Requirements: N/A 10.7 Contract Post-Award Meeting: The Contractor shall not commence performance on the tasks in this SOW until the CO has conducted a post-award meeting or has advised the Contractor that the post-award meeting has been waived. 11. Formal Acceptance or Rejection of Deliverables: The Government will review each deliverable within 10 business days and provide comments. The Contractor shall have 10 business days to incorporate the Government s comments and make appropriate revisions. 12. Changes to the SOW Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a contract folder, along with all other products of the contract. Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the Contractor. 13. Confidentiality and Non-Disclosure: It is agreed that: The preliminary and final deliverables, as well as all associated working papers and other material deemed relevant by VA that have been generated by the Contractor in the performance of this contract, are the exclusive property of the U.S. Government and shall be submitted upon request to the CO at the conclusion of the contract. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the Contractor. Any request for information relating to this contract presented to the Contractor shall be submitted to the CO for response. Press releases, marketing material, or any other printed or electronic documentation related to this contract shall not be publicized without the written approval of the CO. Non-Disclosure and Conflict of Interest: The Contractor and Contractor s staff may have access to Government-sensitive information and shall be required to sign non-disclosure and conflict of interest statements. 14. Security Requirements: 14.1. GENERAL Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as Department of Veterans Affairs (VA) and VA personnel regarding information and information system security. 14.2. Access to VA Information and VA Information Systems a. A Contractor/Subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order. b. All Contractors, Subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. VA does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness. d. Custom software development and outsourced operations must be located in the United States (US) 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-US 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 US may be an evaluation factor. e. The Contractor or Subcontractor must notify the CO immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or Subcontractor s employ. The CO must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination. 14.3. VA Information Custodial Language a. Information made available to the Contractor or Subcontractor by VA for, or developed by the Contractor/Subcontractor in, performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the Contractor/Subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). b. VA information should not be co-mingled, if possible, with any other data on the Contractor s/Subcontractor s information systems or media storage systems in order to ensure that 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 that data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements. c. Prior to termination or completion of this contract, Contractor/Subcontractor must not destroy information received from VA, or gathered/created by the Contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a Contractor/Subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management; and its Handbook 6300.1, Records Management Procedures; applicable VA Records Control Schedules; and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the Contractor that the data destruction requirements above have been met must be sent to the VA CO within 30 calendar days of termination of the contract. d. The Contractor/Subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations, and policies. If Federal or VA information confidentiality and security laws, regulations, and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable Federal Information Processing Standard (FIPS) or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations, and policies in this contract. e. The Contractor/Subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/Subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/Subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, then after the restoration is complete, the copies must be appropriately destroyed. f. If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the Contractor or third party or terminate the contract for default or for cause under Federal Acquisition Regulation (FAR) Part 12. g. If a Veterans Health Administration (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. h. The Contractor/Subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The Contractor s/Subcontractor s firewall and Web services security controls, if applicable, shall meet or exceed VA s minimum requirements. VA Configuration Guidelines are available upon request. j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/Subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA s prior written approval. The Contractor/Subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA CO for response. k. Notwithstanding the provision above, the Contractor/Subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the Contractor/Subcontractor is in receipt of a court order or other requests for the above mentioned information, that Contractor/Subcontractor shall immediately refer such court orders or other requests to the VA CO for response. l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Certification and Accreditation (C&A) or memoranda of understanding and interconnection agreements (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 PM/COR. 14.4. 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 Federal Information Security Management Act (FISMA), Health Insurance Portability and Accountability Act (HIPAA), NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic Personal Health Information (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 (refer to 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 PM/COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment. b. The Contractor/Subcontractor shall certify to the PM/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 the VA. This includes Microsoft Internet Explorer 7 configured to operate on Microsoft 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 Federal Desktop Core Configuration (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. 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. Violation of the Privacy Act may involve the imposition of criminal and civil penalties. g. The Contractor/Subcontractor agrees to do the following: (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies the following: The Systems of Records (SOR) and The design, development, or operation work that the Contractor/Subcontractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation on individuals of a SOR that is subject to the Privacy Act; and (3) Incorporate this Privacy Act clause, including this subparagraph (3), into all subcontracts awarded under this contract that require the design, development, or operation of such 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. 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 that contains the person s name, identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint, 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 Contractor/Subcontractor 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, 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 Contractor anywhere in the Systems, including Operating Systems and firmware. The Contractor/Subcontractor shall ensure that Security Fixes shall not negatively impact the Systems. j. The Contractor/Subcontractor 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 3 days. k. When the Security Fixes involve installing third-party patches (such as Microsoft OS patches or Adobe Acrobat), the Contractor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 business days. When the Contractor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 5 days. l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 calendar days of discovery or disclosure. Exceptions to this paragraph, i.e., for the convenience of VA, shall only be granted with approval of the CO and the VA Assistant Secretary for Office of Information and Technology (OIT). 14.5. Information System Hosting, Operation, Maintenance, or Use a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, Contractors/Subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching, and change management procedures; and the completion of an acceptable contingency plan for each system. The Contractor s security control procedures must be equivalent to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the PM/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. b. Adequate security controls for collecting, processing, transmitting, and storing Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA, and if these controls are determined not to be in place or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII. c. Outsourcing (Contractor facility, Contractor equipment, or Contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (i.e., 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, as well as third party or business partner networks, require MOU-ISA, which details what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks. d. The Contractor/Subcontractor s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update of the PIA. Any deficiencies noted during this assessment must be provided to the VA CO and the Information Security Officer (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 (OIG). The physical security aspects associated with Contractor/Subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested, and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, and Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary. e. The Contractor/Subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copies and electronic copies of the assessment must be provided to the PM/COR. The Government reserves the right to conduct such an assessment using Government personnel or another Contractor/Subcontractor. The Contractor/Subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost. f. VA prohibits the installation and use of personally owned or Contractor/Subcontractor-owned equipment or software on 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. g. All electronic storage media used on non-VA-leased or non-VA-owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization, upon the following: (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. h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA-sensitive information must not be returned to the Contractor at the end of lease, for a trade-in or other purposes. The options are: (1) Contractor/Subcontractor must accept the system without the drive; (2) VA s initial medical device purchase includes a spare drive, which must be installed in place of the original drive at time of turn-in; or (3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase. (4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then The equipment Contractor 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 having a negative impact upon 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 pre-approved and described in the purchase order or contract. A statement needs to be signed by the Director, i.e. 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. 14.6. Security Incident Investigation a. The term security incident means an event that has, or could have, resulted in unauthorized access, loss, or damage to VA assets, sensitive information, or an action that breaches VA security procedures. The Contractor/Subcontractor shall immediately notify the PM/COR and, simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/Subcontractor has access. b. To the extent known by the Contractor/Subcontractor, the Contractor/Subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the Contractor/Subcontractor considers relevant. c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. d. In instances of theft, 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. 14.7. LIQUIDATED DAMAGES FOR DATA BREACH a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the Contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the Contractor/Subcontractor processes or maintains under this contract. b. 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 OIG an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. c. Each risk analysis shall address all relevant information concerning the data breach, including the following: (1) Nature of the event (loss, theft, unauthorized access); (2) Description of the event, including (a) Date of occurrence; (b) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code; (3) Number of individuals affected or potentially affected; (4) Names of individuals or groups affected or potentially affected; (5) Ease of logical data access to the lost, stolen, or improperly accessed data in light of the degree of protection for the data (e.g., unencrypted, plain text); (6) Amount of time the data has been out of VA control; (7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); (8) Known misuses of data containing sensitive personal information, if any; (9) Assessment of the potential harm to the affected individuals; (10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and (11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised. d. Based on the determinations of the independent risk analysis, the Contractor shall be responsible for paying to the VA liquidated damages in the amount of $10,000 per affected individual to cover the cost of providing credit protection services to affected individuals, consisting of the following: (1) Notification; (2) One year of credit monitoring services consisting of automatic daily monitoring of at least three relevant credit bureau reports; (3) Data breach analysis; (4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution; (5) One year of identity theft insurance with $20,000.00 coverage at a $0 deductible; and (6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs. 14.8. SECURITY CONTROLS COMPLIANCE TESTING On a periodic basis, VA, including the OIG, 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 business 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 OIG. 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. 14.9. TRAINING a. All Contractor employees and Subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: (1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E, relating to access to VA information and information systems; (2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the CO for inclusion in the solicitation document e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.] b. The Contractor shall provide to the CO and/or the PM/COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one week of the initiation of the contract and annually thereafter, as required. c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete. Contractor Personnel Security Background Investigations and Special Agreement Checks (SAC) (1) All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information and VA information systems. The position sensitivity for this effort has been designated as low risk and the level of background investigation is NACI. This requirement is applicable to all subcontractor personnel requiring the same access. (2) The contractor employee is required to submit all requested paperwork to appropriate VA staff for the background investigation within requested timeframe. Contractor Responsibilities (1) The contractor shall bear the expense of obtaining background investigations. If the investigation is conducted by the Office of Personnel Management (OPM) through the VA, the contractor shall reimburse the VA within 30 days. (2) Background investigations from investigating agencies other than OPM are permitted if the agencies possess an OPM and Defense Security Service certification. Security and Investigations Center staff will verify the information and advise the contracting officer whether access to the computer systems can be authorized. (3) The contractor shall prescreen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language without the use of an interpreter.  (4) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. (5) Failure to comply with the contractor personnel security requirements may result in termination of the contract for default. (6) The contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident. Government Responsibilities (1) The VA Security and Investigations Center (07C) will provide the necessary forms to the contractor or to the contractor's employees after receiving a list of names and addresses. (2) Upon receipt, the VA Security and Investigations Center (07C) will review the completed forms for accuracy and forward the forms to OPM to conduct the background investigation. (3) The VA facility will pay for investigations conducted by the OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days. (4) The VA Security and Investigations Center (07C) will notify the contracting officer and contractor after adjudicating the results of the background investigations received from OPM. 8. Internet/Intranet The contractor shall comply with Department of Veterans Affairs (VA) Directive 6102 and VA Handbook 6102 (Internet/Intranet Services). b. VA Directive 6102 sets forth policies and responsibilities for the planning, design, maintenance support, and any other functions related to the administration of a VA Internet/Intranet Service Site or related service (hereinafter referred to as Internet). This directive applies to all organizational elements in the Department. This policy applies to all individuals designing and/or maintaining VA Internet Service Sites; including but not limited to full time and part time employees, contractors, interns, and volunteers. This policy applies to all VA Internet/Intranet domains and servers that utilize VA resources. This includes but is not limited to va.gov and other extensions such as, .com, .edu, .mil, .net, .org, and personal Internet service pages managed from individual workstations. c.VA Handbook 6102 establishes Department-wide procedures for managing, maintaining, establishing, and presenting VA Internet/Intranet Service Sites or related services (hereafter referred to as Internet ). The handbook implements the policies contained in VA Directive 6102, Internet/Intranet Services. This includes, but is not limited to, File Transfer Protocol (FTP), Hypertext Markup Language (HTML), Simple Mail Transfer Protocol (SMTP), Web pages, Active Server Pages (ASP), e-mail forums, and list servers. VA Directive 6102 and VA Handbook 6102 are available at: Internet/Intranet Services Directive 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=409&FType=2 Internet/Intranet Services Handbook 6102 http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=410&FType=2 In addition, any technologies that enable a Network Delivered Application (NDA) to access or modify resources of the local machine that are outside of the browser's sand box" are strictly prohibited. Specifically, this prohibition includes signed-applets or any ActiveX controls delivered through a browser's session. ActiveX is expressly forbidden within the VA while .NET is allowed only when granted a waiver by the VA CIO *PRIOR* to use. JavaScript is the preferred language standard for developing relatively simple interactions (i.e., forms validation, interactive menus, etc.) and Applets (J2SE APIs and Java Language) for complex network delivered applications. 19. DATA RIGHTS The deliverables, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order. VHA shall be the sole authorized official to release verbally or in writing, any data, deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the Contractor. Any request for information relating to this task order presented to the contractor shall be submitted to VHA for response. The NAICS code for this procurement is 541519 and the Small Business Administration Size Standard is $30 Million. Myers Information Systems is a small business. This will be the only notice of the Government s intent to solicit, negotiate, and award to one source to satisfy this requirement. The Government plans to award a contract for this requirement within 30 days of this notice. While this synopsis does not constitute a solicitation, interested vendors may identify their interest and capability to satisfy this requirement. The Government understands that Myers Information Systems is the only vendor which can provide the requested services for EES. However firms that believe they can provide the capability required to fully meet the Government s requirement may submit in writing, a capability statement, proposal or quotation that will be considered by this agency to the identified point of contact within five (5) days after publication of this notice. Such documentation shall be evaluated solely for the purpose of determining whether or not to conduct this procurement on a competitive basis. A determination not to compete this requirement based upon responses to this notice is solely within the discretion of the Government. Interested parties may identify their interest and capability to respond to this requirement or submit offers on 36C77621Q0125. For additional information or to submit response, please contact Shaunte, Chandler,
[email protected]. Contracting Office Address: Program Contracting Activity Central (PCAC) 1 Jefferson Barracks Dr, Bldg. 56 St. Louis, MO 63125