VETERANS AFFAIRS, DEPARTMENT OF USA Tender

Statement Of Work medical Gas Deficiencies va Connecticut Healthcare System (vachs) va Medical Center West Haven 950 Campbell Avenue west Haven, Ct 06516 background va Connecticut Healthcare System Requires The Replacement Of A Master Alarm Medical Gas Panel And Installation Of Distribution Piping To Support The Building 2 Vacuum System. justification an Annual Survey Was Conducted. Deficiencies Include The Master Alarm Panel Located In Building 1 Operator Booth And Installation Of Distribution Piping To Support The Building 2 Vacuum System. place Of Performance the Place Of Performance For This Contract Is Va Connecticut Healthcare System, West Haven Va Medical Center Located At 950 Campbell Avenue, West Haven, Ct 06516. period Of Performance the Contract Time Period Of Performance Will Be 60 Calendar Days From Notice To Proceed (ntp) And Includes Contractor Closeout. qualifications to Be Considered Eligible For Consideration, Potential Bidders Shall Have A Field Service Representative Located Within 200 Miles Of The West Haven Campuses Of The Va Connecticut Healthcare System And Have Been Trained By The Original Equipment Manufacturer (oem) On The Specific Model Of Equipment That He/she Is Being Asked To Provide Services For. licensed Medical Gas Installer Meeting Asse 6030 Medical Gas Systems Verifier Certification. bidders Must Provide Upon Request, Documentation Of Factory Certified Service/maintenance Training On The Specific Equipment Under The Terms Of This Contract. The Contracting Officer And/or Contracting Officer S Representative (cor) Specifically Reserve The Right To Reject Any Of The Contractor S Personnel And Refuse Them Permission To Work On The Equipment Outlined Herein, Based Upon Credentials Provided. scope Of Work the Scope Of This Work Includes The Removal Of Existing Master Alarm Panel Located In The Building 1 Ground Floor Operator Booth, Installation And Testing Of New Master Alarm Panel; Installation Of New Vacuum Switch And Gauge Assembly; Installation Of Distribution Piping System, And Certification Of The Medical Gas System. work Shall Occur Outside Of Regular Business Hours; Weekdays 4:30 P.m. Midnight And/or Weekend Days Saturday And/or Sunday 7:00 A.m. 4:30 P.m. Or As Coordinated. objectives: the Project Will Include But Not Be Limited To The Following: contractor Shall Furnish Appropriate Tools, Equipment, And Certified Labor To Remove Existing Master Alarm Panel And Replace With Contractor Provided New Amico Alert 4 Lcd Master Alarm Panel In The Building 1 Operator Booth. contractor Shall Perform All Installation And Testing Of New Master Alarm Panel With Existing Critical Medical Gas Components. contractor Shall Furnish Appropriate Tools, Equipment, And Certified Labor To Provide And Install Amico Vacuum Switch And Gauge Assembly. contractor Shall Furnish Appropriate Tools, Equipment, And Certified Labor To Perform Installation Of Distribution Piping System In Building 2. brazing Materials silver Rod t Drilling ½ Connection the Manufacturer Procedures Take Precedence Over Other Recommended Installation And Operation Procedures. coordinate All Placement And Removal Of Lockout Tagout Devices For Any Energy Sources With The Va Cor/maintenance & Operations. protect All Equipment In Place During Replacement Activities. remove And Dispose Of Old Compressor And Other Debris As A Result Of This Work And Return Required Manifest. perform Post Installation Inspections, Testing, And Certification Of The Medical Gas System As Required By Nfpa 99. all Contractor Personnel, Sub-contractors And Representatives Visiting Va Sites Will Be Required To Sign In Upon Arrival At Building 15 And/or Retain A Temporary Va Badge. Each Visiting Individual Be Required To Enter Their Name, Their Company S Name, Va Project Title, Reason For Visit, And The Times Of Arrival And Departure. Arrangements For After Normal Hour Working Site Visits Must Be Made In Advance And During Normal Working Hours. general: The Contracting Officer Reserves The Right To Terminate Any Construction Period Services, Without Payment For Services Completed, If Such Services Are Not Needed Or Are Not Being Adequately Completed. approved Plans And Permits: Prior To The Start Of Construction, Submit To Va Copies Of All Required Permits. site Visits: Day To Day Construction Administration Will Be Performed By The Cor. Periodic Reviews, Tests, And Other Field Observation By The Government Are Not To Be Interpreted As Superintendence Nor As Resulting In Any Approval Of The Contractor S Apparent Progress Toward Meeting The Government S Objectives; But Are Intended To Discover Any Information That The Contracting Officer May Be Able To Call To The Contractor S Attention To Prevent Costly Misdirection Of Effort. the Contractor Shall Remain Responsible For Constructing, Operating, And Maintaining The Site In Full Accordance If The Requirements Of This Solicitation. the Contractor Shall Provide Va With A Copy Of All Inspection Reports For Inspections Conducted By Local, Regional, And State Code Authorities From The Start Of Construction Through Issuance Of The Certificate Of Occupancy Or Completion. the Contractor Shall Develop And Provide To The Va The Following: safety Plan: The Contractor Shall Produce Work In Accordance With The Latest Editions Of All Applicable Dva Guidelines (e.g. Construction Standards, Master Specifications, Standard Details, Special Design Criteria To Meet Hospital Joint Commission (jcaho) Requirements), Nfpa, Federal And State Codes Pertinent To The Project Scope. all Construction Personnel On Site Are Required To Obtain An Occupational Safety And Health administration (osha) 10 Hour Construction Certification, And The Site Competent Person For The contractor Must Obtain An Osha 30 Hour Construction Certification. prior To The Start Of Construction, The Specifications Shall Require The Contractor To Develop And submit Such Plans As Required By The Va Relating To Safety And Environmental Issues. These May Include But Are Not Limited To: job Hazard Analysis And Loto quality Control Plan: A Quality Control Plan Shall Be Implemented For Identifying And Specifying The Appropriate Standard Forms For Quality Control Inspections That Will Become Part Of The Overall Plan. per Va Directive 1805, Smoking Vaping, And Smokeless Tobacco Are Prohibited On The Grounds Of Va Facilities, Including In Vehicles. This Directive Applies To All Service Providers And Their Employees. no Photography Of Va Premises Is Allowed Without Written Permission Of The Contracting Officer. Patients And Staff Are Not To Be Photographed At Any Time. prior To Commencing Work Onsite, All Service Providers And Provider Personnel Shall Furnish Proof Of Receipt Of Required Covid Vaccinations And Boosters In Compliance With Current Vha Directives. prior To Commencing Work Onsite, All Service Providers And Provider Personnel Shall Furnish Proof Of Receipt Of Required Tuberculosis Testing In Compliance With Vha Directive 1131(5), Dated June 04, 2021. parking For Service Provider And Its Employees Shall Be In Designated Areas Only. Service Provider To Coordinate With Cor. the Service Provider Shall Confine All Operations (including Storage Of Materials) On Government Premises To Areas Authorized Or Approved By The Va Contracting Officer. The Service Provider Shall Hold And Save The Government, Its Officers, And Agents, Free And Harmless From Liability Of Any Nature Occasioned By The Service Provider S Performance. Working Space And Space Available For Storing Materials Shall Be As Determined By The Cor. Workers Are Subject To The Rules Of The Medical Center Applicable To Their Conduct. Execute Work In Such A Manner As To Reduce Impacts With Work Being Done By Others. billing: Provide Cor With A Report Or Statement Of Work Completed And Include Statements With Request For Payment. Statement Should Include Service Completed And The Date Each Service Item Was Completed. Labor Charges Shall Be Billed Hourly, And Any Unused Labor Totals Will Be Credited Back To The Va Medical Center On The Next Billing Cycle, Upon Receipt Of The Service Report. safety Codes / Certification / Licensing: environmental Abatement Work, If Necessary, Is To Be Performed By Contractor Under Supervision And monitoring For The Va By A Certified Industrial Hygienist. the Contractor Shall Comply With All Codes As Described Above, As Well As Codes Customarily Applied In va Construction Jobs Such As Nfpa Fire Code, Osha, Va Design Guides, Etc. Labs Used By The Contractor shall Be Licensed As Required By Any Applicable Governing Agencies, And Their Certifications And Licenses shall Be Included In The Reports. travel: contractor And/or Subcontractors Will Travel From Their Place Of Business To The West Haven Vamc Of The Va Connecticut Healthcare System. appendix A infection Prevention Measures a. Implement The Requirements Of Va Medical Center S Infection Control Risk Assessment (icra) Team. Icra Group May Monitor Dust, In The Vicinity Of The Construction Work, And require The Contractor To Take Corrective Action Immediately If The Safe Levels Are Exceeded. b. Establish And Maintain A Dust Control Program As Part Of The Contractor S Infection preventive Measures In Accordance With The Guidelines Provided By Icra Group As Specified here. Prior To Start Of Work, Prepare A Plan Detailing Project-specific Dust Protection Measures, including Periodic Status Reports, And Submit To Project Manager And Facility Icra Team For review For Compliance With Contract Requirements In Accordance With Section 01340, Samples and Shop Drawings. 1. All Personnel Involved In The Construction Or Renovation Activity Shall Be Educated and Trained In Infection Prevention Measures Established By The Medical Center. c. Medical Center Infection Control Personnel Shall Monitor For Airborne Disease (e.g. aspergillosis) As Appropriate During Construction. A Baseline Of Conditions May Be Established by The Medical Center Prior To The Start Of Work And Periodically During The Construction Stage to Determine Impact Of Construction Activities On Indoor Air Quality. In Addition: 1. The Project Manager And Vamc Infection Control Personnel Shall Review Pressure differential Monitoring Documentation To Verify That Pressure Differentials In The Construction zone And In The Patient-care Rooms Are Appropriate For Their Settings. The Requirement For negative Air Pressure In The Construction Zone Shall Depend On The Location And Type Of Activity. upon Notification, The Contractor Shall Implement Corrective Measures To Restore Proper pressure Differentials As Needed. 2. In Case Of Any Problem, The Medical Center, Along With Assistance From The contractor, Shall Conduct An Environmental Assessment To Find And Eliminate The Source. d. In General, Following Preventive Measures Shall Be Adopted During Construction To Keep down Dust And Prevent Mold. 1. Dampen Debris To Keep Down Dust And Provide Temporary Construction Partitions In existing Structures Where Directed By Resident Engineer. Blank Off Ducts And Diffusers To prevent Circulation Of Dust Into Occupied Areas During Construction. 2. Analyze Each Site During Design To Determine The Effects Of Blocking Hvac Ducts And their Impact On Existing Air Handling Systems That Must Remain Operational Before Initiating A dust Control Program. The Method Of Capping Ducts Shall Be Dust Tight And Withstand Airflow. 3. Construct Anteroom To Maintain Negative Airflow From Clean Area Through Anteroom and Into Work Area Where Required. 4. High Risk Patient Care Areas May Require Additional Measures Like Air Locks, Special signage, Smoke And Negative Pressure Alarms. 5. Identify These Areas Clearly On The Drawings And Work With Medical Center Personnel to Achieve Desired Level Of Isolation Suited To The Scope Of Risk Involved. 6. Do Not Perform Dust- Producing Tasks Within Occupied Areas Without The Approval Of the Project Manager. For Construction In Any Areas That Will Remain Jointly Occupied By The medical Center And Contractor S Workers, The Contractor Shall: a. Provide Dust Proof Fire-rated Temporary Drywall Construction Barriers To completely Separate Construction From The Operational Areas Of The Hospital In Order to Contain Dirt Debris And Dust. Barriers Shall Be Sealed And Made Presentable On hospital Occupied Side. Install A Self-closing Rated Door In A Metal Frame, commensurate With The Partition, To Allow Worker Access. Maintain Negative Air At All times. A Fire Retardant Polystyrene, 6-mil Thick Or Greater Plastic Barrier Meeting Local fire Codes May Be Used Where Dust Control Is The Only Hazard, And An Agreement Is reached With The Resident Engineer And Medical Center. b. Hepa Filtration Is Required Where The Exhaust Dust May Reenter The Breathing zone. Contractor Shall Verify That Construction Exhaust To Exterior Is Not Reintroduced to The Medical Center Through Intake Vents, Or Building Openings. Install Hepa (high efficiency Particulate Accumulator) Filter Vacuum System Rated At 95% Capture Of 0.3 microns Including Pollen, Mold Spores And Dust Particles. Insure Continuous Negative air Pressures Occurring Within The Work Area. Hepa Filters Should Have Ashrae 85 Or other Pre-filter To Extend The Useful Life Of The Hepa. Provide Both Primary And secondary Filtrations Units. Exhaust Hoses Shall Be Heavy Duty, Flexible Steel reinforced And Exhausted So That Dust Is Not Reintroduced To The Medical Center. c. Adhesive Walk-off/carpet Walk-off Mats, Minimum 24 X 36 , Shall Be Used At All interior Transitions From The Construction Area To Occupied Medical Center Area. these Mats Shall Be Changed As Often As Required To Maintain Clean Work Areas directly Outside Construction Area At All Times. d. Vacuum And Wet Mop All Transition Areas From Construction To The Occupied medical Center At The End Of Each Workday. Vacuum Shall Utilize Hepa Filtration. maintain Surrounding Area Frequently. Remove Debris As They Are Created. Transport these Outside The Construction Area In Containers With Tightly Fitting Lids. e. The Contractor Shall Not Haul Debris Through Patient-care Areas Without Prior approval Of The Resident Engineer And The Medical Center. When, Approved, Debris shall Be Hauled In Enclosed Dust Proof Containers Or Wrapped In Plastic And Sealed with Duct Tape. No Sharp Objects Should Be Allowed To Cut Through The Plastic. Wipe down The Exterior Of The Containers With A Damp Rag To Remove Dust. All Equipment, tools, Material, Etc. Transported Through Occupied Areas Shall Be Made Free From Dust and Moisture By Vacuuming And Wipe Down. f. Using A Hepa Vacuum, Clean Inside The Barrier And Vacuum Ceiling Tile Prior To replacement. Any Ceiling Access Panels Opened For Investigation Beyond Sealed Areas shall Be Sealed Immediately When Unattended. g. There Shall Be No Standing Water During Construction. This Includes Water In equipment Drip Pans And Open Containers Within The Construction Areas. All accidental Spills Must Be Cleaned Up And Dried Within 12 Hours. Remove And Dispose of Porous Materials That Remain Damp For More Than 72 Hours. h. At Completion, Remove Construction Barriers And Ceiling Protection Carefully, outside Of Normal Work Hours. Vacuum And Clean All Surfaces Free Of Dust After The removal. e. Final Cleanup: 1. Upon Completion Of Project, Or As Work Progresses, Remove All Construction Debris from Above Ceiling, Vertical Shafts And Utility Chases That Have Been Part Of The Construction. 2. Perform Hepa Vacuum Cleaning Of All Surfaces In The Construction Area. This Includes walls, Ceilings, Cabinets, Furniture (built-in Or Free Standing), Partitions, Flooring, Etc. 1. All New Air Ducts Shall Be Cleaned Prior To Final Inspection. Spec Writer Note: on Small Projects Developed At Medical Center, Engineering Officer May Tag items To Be Removed And Stored, Instead Of Noting Such Items On Drawings Or In specifications. end Of Appendix appendix B va Information And Information System Security/privacy Language For inclusion Into Contracts, As Appropriate 1. General contractors, Contractor Personnel, Subcontractors, And Subcontractor Personnel Shall Be subject To The Same Federal Laws, Regulations, Standards, And Va Directives And Handbooks as Va And Va Personnel Regarding Information And Information System Security. 2. Access To Va Information And Va Information Systems a. A Contractor/subcontractor Shall Request Logical (technical) Or Physical Access To Va information And Va Information Systems For Their Employees, Subcontractors, And affiliates Only To The Extent Necessary To Perform The Services Specified In The Contract, agreement, Or Task Order. b. All Contractors, Subcontractors, And Third-party Servicers And Associates Working With Va information Are Subject To The Same Investigative Requirements As Those Of Va appointees Or Employees Who Have Access To The Same Types Of Information. The Level and Process Of Background Security Investigations For Contractors Must Be In Accordance with Va Directive And Handbook 0710, Personnel Suitability And Security Program. The office For Operations, Security, And Preparedness Is Responsible For These Policies And procedures. c. Contract Personnel Who Require Access To National Security Programs Must Have A Valid security Clearance. National Industrial Security Program (nisp) Was Established By executive Order 12829 To Ensure That Cleared U.s> Defense Industry Contractor personnel Safeguard The Classified Information In Their Possession While Performing work On Contracts, Programs, Bid, Or Research And Development Efforts. The department Of Veterans Affairs Does Not Have A Memorandum Of Agreement With defense Secretary Service (dss). Verification Of A Security Clearance Must Be Processed through The Special Security Officer Located In The Planning And National Security service Within The Office Of Operations, Security, And Preparedness. d. Custom Software Development And Outsourced Operations Must Be Located In The U.s. to The Maximum Extent Practical. If Such Services Are Proposed To Be Performed Abroad and Are Not Disallowed By Other Va Policy Or Mandates, The Contractor/subcontractor must State Where All Non-u.s. Services Are Provided And Detail A Security Plan, Deemed to Be Acceptable By Va, Specifically To Address Mitigation Of The Resulting Problems Of communication, Control, Data Protection, And So Forth. Location Within The U.s. May Be an Evaluation Factor. e. The Contractor Or Subcontractor Must Notify The Contracting Officer Immediately When an Employee Working On A Va System Or With Access To Va Information Is Reassigned Or leaves The Contractor Or Subcontractor S Employ. The Contracting Officer Must Also Be notified Immediately By The Contractor Or Subcontractor Prior To An Unfriendly termination. 3. Va Information Custodial Language a. Information Made Available To The Contractor Or Subcontractor By Va For The performance Or Administration Of This Contract Or Information Developed By The contractor/subcontractor In Performance Or Administration Of The Contract Shall Be Used only For Those Purposes And Shall Not Be Used In Any Other Way Without The Prior Written agreement Of The Va. This Clause Expressly Limits The Contractor/subcontractor S Rights to Use Data As Described In Rights In Data General, Far 52.227-14(d) (1). b. Va Information Should Not Be Co-mingled, If Possible, With Any Other Data On The contractors/subcontractor S Information Systems Or Media Storage Systems In Order To ensure Va Requirements Related To Data Protection And Media Sanitization Can Be Met. if Co-mingling Must Be Allowed To Meet The Requirements Of The Business Need, The contractor Must Ensure That Va S Information Is Returned To The Va Or Destroyed In accordance With Va S Sanitization Requirements. Va Reserves The Right To Conduct 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. c. Prior To Terminator Or Completion Of This Contract, Contractor/subcontractor Must Not destroy Information Received From Va, Or Gathered/created By The Contractor In The course Of Performing This Contract Without Prior Written Approval By The Va. Any Data destruction Done On Behalf Of Va By A Contractor/subcontractor Must Be Done In accordance With National Archives And Records Administration (nara) Requirements As outlined In Va Directive 6300, Records And Information Management And Its Handbook 6300.1 Records Management Procedures, Applicable Va Records Control Schedules, And va Handbook 6500.1 Electronic Media Sanitization. Self-certification By The Contractor that The Data Destruction Requirements Above Have Been Met Must Be Sent To The Va contracting Officer Within 30 Days Of Termination Of The Contract. d. The Contractor/subcontractor Must Receive, Gather, Store, Back Up, Maintain, Use, dispose Of Va Information Only In Compliance With The Terms Of The Contract And applicable Federal And Va Information Confidentiality And Security Laws, Regulations And policies. If Federal Or Va Information Confidentiality And Security Laws, Regulations And policies Become Applicable To The Va Information Or Information Systems After execution Of The Contract, Or If Nist Issues Or Updates Applicable Fips Or Special publications (sp) After Execution Of This Contract, The Parties Agree To Negotiate In Good faith To Implement The Information Confidentiality And Security Laws, Regulations And policies In This Contract. e. The Contractor/subcontractor Shall Not Make Copies Of Va Information Except As authorized And Necessary To Perform The Terms Of The Agreement Or To Preserve electronic Information Stored On Contractor/subcontractor Electronic Storage Media For restoration In Case Any Electronic Equipment Or Data Used By The contractor/subcontractor Needs To Be Restored To An Operating State. If Copies Are Made for Restoration Purposes, After The Restoration Is Complete, The Copies Must Be appropriately Destroyed. f. If Va Determines That The Contractor Has Violated Any Of The Information Confidentiality, privacy, And Security Provisions Of The Contract, It Shall Be Sufficient Grounds For Va To withhold Payment To The Contractor Or Third Party Or Terminate The Contract For Default or Terminate For Cause Under Federal Acquisition Regulation (far) Part 12. g. If A Vha Contract Is Terminated For Cause, The Associated Baa Must Also Be Terminated and Appropriate Actions Taken In Accordance With Vha Handbook 1600.01, Business associate Agreements. Absent An Agreement To Use Or Disclose Protected Health information, There Is No Business Associate Relationship. h. The Contractor/subcontractor Must Store, Transport, Or Transmit Va Sensitive information In An Encrypted Form, Using Va-approved Encryption Tools That Are, At A minimum, Fips 140-2 Validated. i. The Contractor/subcontractor S Firewall And Web Services Security Controls, If Applicable, shall Meet Or Exceed Va S Minimum Requirements. Va Configuration Guidelines Are available Upon Request. j. Except For Uses And Disclosures Of Va Information Authorized By This Contract For performance Of The Contract, The Contractor/subcontractor May Use And Disclose Va information Only In Two Other Situations: (i) In Response To A Qualifying Order Of A Court of Competent Jurisdiction, Or (ii) With Va S Prior Written Approval. The contractor/subcontractor Must Refer All Requests For, Demands For Production Of, Or inquiries About, Va Information And Information Systems To The Va Contracting Officer for Response. k. Notwithstanding The Provision Above, The Contractor/subcontractor Shall Not Release Va records Protected By Title 38 U.s.c. 5705, Confidentiality Of Medical Quality Assurance records And/or Title 38 U.s.c. 7332, Confidentiality Of Certain Health Records Pertaining to Drug Addiction, Sickle Cell Anemia, Alcoholism Or Alcohol Abuse, Or Infection With human Immunodeficiency Virus. If The Contractor/subcontractor Is In Receipt Of A Court order Or Other Requests For The Above Mentioned Information, That contractor/subcontractor Shall Immediately Refer Such Court Orders Or Other Requests To the Va Contracting Officer For Response. l. For Service That Involves The Storage, Generating, Transmitting, Or Exchanging Of Va sensitive Information But Does Not Require C&a Or An Mou-isa For System interconnection, The Contractor/subcontractor Must Complete A Contractor Security control Assessment (csca) On A Yearly Basis And Provide It To The Cor. 4. Information System Design And Development a. Information Systems That Are Designed Or Developed For On Behalf Of Va At Non-va facilities Shall Comply With All Va Directives Developed In Accordance With Fisma, Hipaa, nist, And Related Va Security And Privacy Control Requirements For Federal Information systems. This Includes Standards For The Protection Of Electronic Phi, Outlined In 45 c.f.r. Part 164, Subpart C, Information And System Security Categorization Level designation In Accordance With Fips 199 And Fips 200 With Implementation Of All baseline Security Controls Commensurate With The Fips 199 System Security categorization (reference Appendix D Of Va Handbook 6500, Va Information Security program). During The Development Cycle A Privacy Impact Assessment (pia) Must Be completed, Provided To The Cor, And Approved By The Va Privacy Service In Accordance with Directive 6507, Va Privacy Impact Assessment. b. The Contractor/subcontractor Shall Certify To The Cor That Applications Are Fully functional And Operate Correctly As Intended On Systems Using The Va Federal Desktop core Configuration (fdcc), And The Common Security Configuration Guidelines Provided by Nist Or The Va. 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. 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: (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: a. The Systems Of Records (sor); And b. The Design, Development, Or Operation Work That The Contractor/subcontractor is To Perform; i. 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 ii. 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 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 Contains The Person S Name, Or Identifying Number, Symbol, Or Any other Identifying Particular Assigned To The Individual, Such As A Fingerprint Or voiceprint, Or A Photograph. (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 A/e 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 a/e Anywhere In The Systems Including Operating Systems And Firmware. The A/e shall Ensure That Security Fixes Shall Not Negatively Impact The Systems. j. The A/e 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 7 Days. k. When The Security Fixes Involve Installing Third Party Patches (such As Microsoft Os patches Or Adobe Acrobat), The A/e Will Provide Written Notice To The Va That The patch Has Been Validated As Not Affecting The System Within 10 Working Days. When the A/e Is Responsible For Operations Or Maintenance Of The Systems, They Shall Apply the Security Fixes Within 7 Days. l. All Other Vulnerabilities Shall Be Remediated As Specified In This Paragraph In A Timely manner Based On Risk, But Within 60 Days Of Discovery Or Disclosure. Exceptions To this Paragraph (e.g. For The Convenience Of Va) Shall Only Be Granted With Approval of The Contracting Officer And The Va Assistant Secretary For Office Of Information and Technology. 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 Ot The cor And Approved By Va Privacy Service Prior To Operational Approval. All External internet Connections To Va S Network Involving Va Information Must Be Reviewed And approved By Va Prior To Implementation. b. Adequate Security Controls For Collecting, Processing, Transmitting, And Storing Of personally Identifiable Information (pii), As Determined By The Va Privacy Service, Must be In Place, Tested, And Approved By Va Prior To Hosting, Operation, Maintenance, Or Use of The Information System, Or Systems By Or On Behalf Of Va. These Security Controls Are to Be Assessed And Stated Within The Pia And If These Controls Are Determined Not To Be in Place, Or Inadequate, A Plan Of Action And Milestones (poa&m) Must Be Submitted and Approved Prior To The Collection Of Pii. c. Outsourcing (contractor Facility, Contractor Equipment Or Contractor Staff) Of Systems Or network Operations, Telecommunications Services, Or Other Managed Services Requires certification And Accreditation (authorization) (c&a) Of The Contractor S Systems In accordance With Va Handbook 6500.3, Certification And Accreditation And/or The Va ocs Certification Program Office. Government-owned (government Facility Or government Equipment) Contractor-operated Systems, Third Party Or Business Partner networks Require Memorandums Of Understanding And Interconnection Agreements (mou-isa) Which Detail What Data Types Are Shared, Who Has Access, And The appropriate Level Of Security Controls For All Systems Connected To Va Networks. d. The Contractor/subcontractor S System Must Adhere To All Fisma, Fips, And Nist standards Related To The Annual Fisma Security Controls Assessment And Review And update The Pia. Any Deficiencies Noted During This Assessment Must Be Provided To The va Contracting Officer And The Iso For Entry Into Va S Poa&m Management Process. the Contractor/subcontractor Must Use Va S Poa&m Process To Document Planned remedial Actions To Address Any Deficiencies In Information Security Policies, Procedures, and Practices, And The Completion Of Those Activities. Security Deficiencies Must Be corrected Within The Timeframes Approved By The Government. contractor/subcontractor Procedures Are Subject To Periodic, Unannounced assessments By Va Officials, Including The Va Office Of Inspector General. The Physical security Aspects Associated With Contractor/subcontractor Activities Must Also Be Subject to Such Assessments. If Major Changes To The System Occur That May Affect The Privacy or Security Of The Data Or The System, The C&a Of The System May Need To Be Reviewed, retested And Re-authorized Per Va Handbook 6500.3. This May Require Reviewing And updating All Of The Documentation (pia, System Security Plan, Contingency Plan). The certification Program Office Can Provide Guidance On Whether A New C&a Would Be necessary. e. The Contractor/subcontractor Must Conduct An Annual Self-assessment On All Systems and Outsourced Services As Required. Both Hard Copy And Electronic Copies Of The assessment Must Be Provided To The Cor. The Government Reserves The Right To conduct Such An Assessment Using Government Personnel Or Another contractor/subcontractor. The Contractor/subcontractor Must Take Appropriate And timely Action (this Can Be Specified In The Contract) To Correct Or Mitigate Any weaknesses Discovered During Such Testing, Generally At No Additional Cost. f. Va Prohibits The Installation And Use Of Personally-owned Or Contractor/subcontractor Owned equipment Or Software On 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 Or 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 Enclaved based) Firewall That Is Configured With A Va-approved Configuration. Software Must Be kept Current, Including All Critical Updates And Patches. Owners Of Approved Oe Are responsible For Providing And Maintaining The Anti-viral Software And The Firewall On The non-va Owned Oe. g. All Electronic Storage Media Used On Non-va Leased Or Non-va Owned It Equipment That is Used To Store, Process, Or Access Va Information Must Be Handled In Adherence With va Handbook 6500.1, Electronic Media Sanitization Upon: (i) Completion Or Termination of The Contract Or (ii) Disposal Or Return Of The It Equipment By The contractor/subcontractor, 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 A/e At The end Of Lease, For Trade-in, Or Other Purposes. The Options Are: (1) A/e 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; (a) The Equipment A/e Must Have An Existing Baa If The Device Being Traded In Has sensitive Information Stored On It And Hard Drive(s) From The System Are Being returned Physically Intact; And (b) Any Fixed Hard Drive On The Device Must Be Non-destructively Sanitized To The greatest Extent Possible Without Negatively Impacting System Operation. selective Clearing Down To Patient Data Folder Level Is Recommended Using Va approved And Validated Overwriting Technologies/methods/tools. Applicable media Sanitization Specifications Need To Be Pre-approved And Described In The purchase Order Or Contract. 620-21-205 Montrose River Front Storm Damage Repairs va Medical Center Fdr Montrose, New York page 19 Of 21 (c) A Statement Needs To Be Signed By The Director (system Owner) That States That the Drive Could Not Be Removed And That (a) And (b) Controls Above Are In Place and Completed. The Iso Needs To Maintain The Documentation. 6. Security Incident Investigation a. The Term Security Incident Means An Event That Has, Or Could Have, Resulted In unauthorized Access To, Loss Or Damage To Va Assets, Or Sensitive Information, Or An action That Breaches Va Security Procedures. The Contractor/subcontractor Shall immediately Notify The Cor And Simultaneously, The Designated Iso And Privacy Officer for The Contract Of Any Known Or Suspected Security/privacy Incidents, Or Any unauthorized Disclosures Of Sensitive Information, Including That Contained In System(s) to Which The Contractor/subcontractor Has Access. b. To The Extent Known By The Contractor/subcontractor, The Contractor/subcontractor S notice To Va Shall Identify The Information Involved, The Circumstances Surrounding The incident (including To Whom, How, When, And Where The Va Information Or Assets Were placed At Risk Or Compromised), And Any Other Information That The contractor/subcontractor Considers Relevant. c. With Respect To Unsecured Protected Health Information, The Business Associate Is deemed To Have Discovered A Data Breach When The Business Associate Knew Or Should have Known Of A Breach Of Such Information. Upon Discovery, The Business Associate must Notify The Covered Entity Of The Breach. Notifications Need To Be Made In accordance With The Executed Business Associate Agreement. d. In Instances Of Theft Or Break-in Or Other Criminal Activity, The Contractor/subcontractor must Concurrently Report The Incident To The Appropriate Law Enforcement Entity (or entities) Of Jurisdiction, Including The Va Oig And Security And Law Enforcement. The contractor, Its Employees, And Its Subcontractors And Their Employees Shall Cooperate with Va And Any Law Enforcement Authority Responsible For The Investigation And prosecution Of Any Possible Criminal Law Violation(s) Associated With Any Incident. The contractor/subcontractor Shall Cooperate With Va In Any Civil Litigation To Recover Va information, Obtain Monetary Or Other Compensation From A Third Party For Damages arising From Any Incident, Or Obtain Injunctive Relief Against Any Third Party Arising From, or Related To, The Incident. 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 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 For, 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 Personal Information, If Any; (9) Assessment Of The Potential Harm To The Affected Individuals; (10) Data Breach Analysis As Outlined In 6500.2 Handbook, Management Of Security and Privacy Incidents, As Appropriate; And (11) Whether Credit Protection Services May Assist Record Subjects In Avoiding Or mitigating The Results Of Identity Theft Based On The Sensitive Personal Information that May Have Been Compromised. d. Based On The Determinations Of The Independent Risk Analysis, The Contractor Shall Be responsible For Paying To The Va Liquidated Damages In The Amount Of $37.50 Per Affected individual To Cover The Cost Of Providing Credit Protection Services To Affected Individuals consisting Of The Following: (1) Notification; (2) One Year Of Credit Monitoring Services Consisting Of Automatic Daily Monitoring Of At least 3 Relevant Credit Bureau Reports; (3) Data Breach Analysis; (4) Fraud Resolution Services, Including Writing Dispute Letters, Initiating Fraud Alerts And credit Freezes, To Assist Affected Individuals To Bring Matters To Resolution; (5) One Year Of Identity Theft Insurance With $20,000.00 Coverage At $0 Deductible; And (6) Necessary Legal Expenses The Subjects May Incur To Repair Falsified Or Damaged Credit records, Histories, Or Financial Affairs. 8. Security Controls Compliance Testing on A Periodic Basis, Va, Including The Office Of Inspector General, Reserves The Right To evaluate Any Or All Of The Security Controls And Privacy Practices Implemented By The contractor Under The Clauses Contained Within The Contract. With 10 Working-day S Notice, at The Request Of The Government, The Contractor Must Fully Cooperate And Assist In A government-sponsored Security Controls Assessment At Each Location Wherein Va information Is Processed Or Stored, Or Information Systems Are Developed, Operated, maintained, Or Used On Behalf Of Va, Including Those Initiated By The Office Of Inspector general. The Government May Conduct A Security Control Assessment On Shorter Notice (to include Unannounced Assessments) As Determined By Va In The Event Of A Security Incident or At Any Other Time. 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 Contracting Officer For Inclusion In The solicitation Document E.g., Any Role-based Information Security Training Required In accordance With Nist Special Publication 800-1 6, Information Technology Security training Requirements.] b. 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. 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. end Of Appendix