Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

B.1 PERFORMANCE WORK STATEMENT (PWS) 1. General The Poplar Bluff VA Medical Center is seeking a vendor to continue and maintain their existing Veterans Guest Internet Access (VGIA) wireless internet a... B.1 PERFORMANCE WORK STATEMENT (PWS) 1. General The Poplar Bluff VA Medical Center is seeking a vendor to continue and maintain their existing Veterans Guest Internet Access (VGIA) wireless internet access service. 2. Required Services a. The vendor shall provide Guest wireless connectivity, content filtering, Media wall and Johnson Control Remote access and support for the building automation system. Buildings that the service shall be provided to are as follows: Poplar Bluff VAMC (Includes Buildings 1, 2, 5, 6, and 7) when other buildings are constructed or need added/removed to or from the contract an increase modification will be put into place as we have several in the plans. Farmington CBOC, Paragould CBOC, Pocahontas CBOC, Sikeston CBOC. b. The vendor shall test, validate, repair, replace as needed, and maintain installed VGIA equipment in accordance with this contract. The vendor shall relinquish ownership of any installed cabling and related equipment/devices used to provide full wi-fi service to the VAMC upon installation of the item. c. The vendor shall continue to maintain, at a minimum, 2.4GHz 802.11 b/g/n bandwidth for users of the public wireless internet via Wireless Access Points (WAPS) in specific areas identified on facility drawings provided by the Veteran Affairs Medical Center (VAMC). d. If wireless access cannot be re-established in an identified location, the vendor shall provide a cable alternative. e. The vendor shall provide public wireless security (e.g. for malware, adware, blacklisted sites, P2P connections, etc.) f. The vendor shall continue to maintain wired and wireless isolation via Layer 1 air gap in accordance with the following documents: 1. Attachment 7: MOU - Air Gapped Networks 2. Attachment 8: Additional Security Info for Air-Gapped MOU 3. Attachment 9: VA Air Gapped Public Guest Internet Advisory Banner 4. FITARA VHA Guide g. The vendor shall provide for the physical security of all components of the guest wi-fi network to include equipment, devices, wiring, etc. To do this, the vendor shall lock all doors that secure equipment; not leave equipment unattended; ensure that equipment, which is not locked behind doors, is securely screwed, strapped, bolted or affixed to a wall, celling, or a permanent fixture; and not leave equipment unsecure in any fashion. h. The vendor shall provide an introduction page with usage agreements for acknowledgement at the time of login with information on the program, rules, restrictions, and usage agreements. If user does not agree and acknowledgement, user access is denied. Furthermore, users must acknowledge awareness of the risk of using public wi-fi. i. The vendor shall provide 24/7/365 VGIA technical support via 1-800 number(s) to a call center/ Help Desk for all guest users of the public wi-fi system. j. The vendor shall provide to the medical centers, telephone support within two hours and onsite support within 24 hours, to resolve issues with VGIA. k. The vendor shall maintain service availability with an expected uptime of 99%. l. The vendor s minimum acceptable service speed shall be a high-speed circuit with an average 1Mbps upload and an average 10Mbps download delivered over an appropriately sized WAN.m. The vendor shall monitor the typical usage of access points and Internet gateway(s) to define high usage areas; the vendor shall notify the VAMC of these locations. The vendor will help the VAMC re-evaluate and upgrade the bandwidth should the VAMC determine there is need. The number of projected users is 2000 patient visits per day on a 250-day annual basis. n. The vendor shall collaborate with VA COR and internal VA staff to prevent potential interference with medical center s current, and future, wireless access. The frequency range for medical telemetry equipment is 1.4 GHz and should be avoided. o. The Vendor shall customize the VA provided guest splash page to incorporate the look and feel that the VA desires which will include a VA non-liability disclaimer. p. The Vendor shall maintain the ability to perform bandwidth throttling, aggregation, and bonding. q. The Vendor shall continue to provide the ability for content filtering for internet access. Department of VA filtering parameters shall be provided, centered on security, virus, malware and other harmful internet sites that would bring discredit to the VA or government. r. To seamlessly accommodate new service for additional locations requiring guest wi-fi that are not already equipped, the vendor shall provide technical guidance, to include wireless access point (WAP) placement and equipment selection, to ensure that the installation of the necessary equipment/devices to provide guest wi-fi are installed properly, and fully compatible and functional with the current system, to any contractor that the government selects to install the necessary devices, equipment, wiring, etc., to provide full guest wi-fi service. s. During the life of the contract, guest wi-fi service will be added or changed due to renovations, growth, etc. The vendor shall be prepared for this. When this occurs, service shall be priced commensurately and comparably to similar and like, already priced locations, that are listed on the B.2 SCHEDULE OF PRICE AND DELIVERY. t. Within 120-days of the effective date of the contract and updated each time services are added/deleted or a change is made, the vendor shall provide to the COR: 1. Physical verification of the current VGIA Device Inventory Excel spreadsheet (Attachments 4, 5 and 6) listing all equipment and devices (i.e. switches, routers, etc. minus access points (APs)), which provide guest wi-fi access, by the following headers: Medical Center Name, Campus/CBOC/Annex Name, Location (within each building), Equipment/Device Model Number, Description of Equipment/Device, and Equipment/Device Serial Number. 2. CAD floor plans provided by COR, showing a schematic of all guest wi-fi equipment/devices located within each medical center and offsite location (e.g. CBOC, Annex, etc.). See Attachment 11: Example Equipment Schematic for sample. u. Within 180-days of the effective date of the contract, updated 3-years thereafter on a complete basis, and updated on an individual basis each time services are added/deleted or a change is made, the contractor shall conduct a spectrum analysis to test for adequacy of bandwidth, detect potential RF interference with the medical center s medical telemetry equipment (1.4 GHz), and to verify current locations for access points. This spectrum analysis will be recorded on CAD floor plans provided by the COR and shall include the effective range boundary, the minimum signal to noise ratio, and the max signal of each Access point (AP) for the current VGIA wireless system. See Attachment 12: Example Spectrum Analysis for sample. v. The Contractor shall provide quarterly utilization reports for each facility listed in Enclosure 2, and for any new locations that are added during the life of this contract. Furthermore, these same reports must be provided whenever they are needed by the facility on a case-by-case basis. The utilization reports shall address and describe, for the prior month of each service point, typical usage of access points (APs), any areas that require upgraded bandwidth, amount of network traffic, peak simultaneous connections, and any other information that is available to the contractor and can be provided to the VA facility. w. The vendor shall state in a letter to the contracting officer that their company has no relation to, and no past or current affiliation with any Veteran Affairs employee. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS 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. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS A contractor/subcontrator 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. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination. VA INFORMATION CUSTODIAL LANGUAGE Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1). If VA determines that the contractor has violated any of the information confidentiality, privacy, security, and other 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. SECURITY INCIDENT INVESTIGATION The term security incident means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access. To the extent known by the contractor/subcontractor, the contractor/subcontractor s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident. LIQUIDATED DAMAGES FOR DATA BREACH Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract. The contractor/subcontractor shall provide notice to VA of a security incident as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination. Each risk analysis shall address all relevant information concerning the data breach, including the following: Nature of the event (loss, theft, unauthorized access); Description of the event, including: (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. 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. TRAINING All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems: Successfully complete the appropriate VA privacy training and annually complete required privacy training (See below training); and Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training, 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. 7. ADDITIONAL REQUIREMENTS a. The COR is responsible for coordinating with the Police prior to contractor arrival to identify the names of contractor personnel so that Police can ensure sufficient number of contractor badges are available for issuance prior to beginning work. COR is also responsible for signing out and signing in temporary contractor badges. b. The COR is also responsible for maintaining copies of signed Privacy training for all contractors according to RCS 10-1. c. Any work performed outside of official VA business hours after hours will require escorts. d. Escort duties for un-cleared contractors are strictly limited to government officials, specifically VA employees. At no time are contractors allowed to escort other contractors. VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access or Use to VA Sensitive Information The Department of Veterans Affairs, VA must comply with all applicable privacy and confidentiality statutes and regulations. One of the requirements in VA is to have all personnel trained annually on privacy requirements. Privacy represents what must be protected by VA in the collection, use, and disclosure of personal information whether the medium is electronic, paper or verbal. This document satisfies the basic privacy training requirement for a contractor, volunteer, or other personnel only if the individual does not use or have access to any VA computer system such as Time and Attendance, PAID, CPRS, VistA Web, VA sensitive information or protected health information (PHI), whether paper or electronic. You will find this training outlines your roles and responsibility for protecting VA sensitive information (medical, financial, or educational) that you may incidentally or accidentally see or overhear. If you have direct access to protected health information or access to a VA computer system where there is protected health information such as CPRS, VistA Web, you must take Privacy and HIPAA Focused Training (TMS 10203). VA Privacy and Information Security Awareness and Rules of Behavior (TMS 10176) is always required in order to use or gain access to a VA computer systems or VA sensitive information, whether or not protected health information is included. Both trainings are located within the VA Talent Management System (TMS): https://www.tms.va.gov What is VA Sensitive Information/Data? All Department information and/or data on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes not only information that identifies an individual but also other information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, and records about individuals requiring protection under applicable confidentiality provisions. What is Protected Health Information? The HIPAA Privacy Rule defines protected health information as Individually Identifiable Health Information transmitted or maintained in any form or medium by a covered entity, such as VHA. What is an Incidental Disclosure? An incidental disclosure is one where an individual s information may be disclosed incidentally even though appropriate safeguards are in place. Due to the nature of VA communications and practices, as well as the various environments in which Veterans receive healthcare or other services from VA, the potential exists for a Veteran s protected health information or VA sensitive information to be disclosed incidentally. For example: You overhear a healthcare provider s conversation with another provider or patient even when the conversation is taken place appropriately. You may see limited Veteran information on sign-in sheets or white boards within a treating area of the facility. Hearing a Veteran s name being called out for an appointment or when the Veteran is being transported/escorted to and from an appointment. Safeguards You Must Follow To Secure VA Sensitive Information: Secure any VA sensitive information found in unsecured public areas (parking lot, trash can, or vacated area) until information can be given to your supervisor or Privacy Officer. You must report such incidents to your Privacy Officer timely. Don t take VA sensitive information off facilities grounds without VA permission unless the VA information is general public information, i.e., brochures/pamphlets. Don t take pictures using a personal camera without the permission from the Medical Center Director. Any protected health information overheard or seen in VA should not be discussed or shared with anyone who does not have a need to know the information in the performance of their official job duties, this includes spouses, employers or colleagues. Do not share VA access cards, keys, or codes to enter the facility. Immediately report lost or stolen Personal Identity Verification (PIV) or Veteran Health Identification Cards (VHIC), any VA keys or keypad lock codes to your supervisor or VA police. Do not use a VA computer using another VA employee s access and password. Do not ask another VA employee to access your own protected health information. You must request this information in writing from the Release of Information section at your facility. What are the Six Privacy Laws and Statutes Governing VA? Freedom of Information Act (FOIA) compels disclosure of reasonably described VA records or a reasonably segregated portion of the records to any person upon written request unless one or more of the nine exemptions apply. Privacy Act of 1974 provides for the confidentiality of personal information about a living individual who is a United States citizen or an alien lawfully admitted to U.S. and whose information is retrieved by the individual s name or other unique identifier, e.g. Social Security Number. Health Insurance Portability and Accountability Act (HIPAA) provides for the improvement of the efficiency and effectiveness of health care systems by encouraging the development of health information systems through the establishment of standards and requirements for the electronic transmission, privacy, and security of certain health information. 38 U.S.C. 5701 provides for the confidentiality of all VA patient and claimant information, with special protection for their names and home addresses. 38 U.S.C. 7332 provides for the confidentiality of drug abuse, alcoholism and alcohol abuse, infection with the human immunodeficiency virus (HIV) and sickle cell anemia medical records and health information. 38 U.S.C. 5705 provides for the confidentiality of designated medical-quality assurance documents. What are the Privacy Rules Concerning Use and Disclosure? You are not authorized to use or disclose protected health information. In general, VHA personnel may only use information for purposes of treatment, payment or healthcare operations when they have a need-to-know in the course of their official job duties. VHA may only disclose protected health information upon written request by the individual who is the subject of the information or as authorized by law. How is Privacy Enforced? There are both civil and criminal penalties, including monetary penalties that may be imposed if a privacy violation has taken place. Any willful negligent or intentional violation of an individual s privacy by VA personnel, contract staff, volunteers, or others may result in such corrective action as deemed appropriate by VA including the potential loss of employment, contract, or volunteer status. Know your VA/VHA Privacy Officer and Information Security Officer. These are the individuals to whom you can report any potential violation of protected health information or VA sensitive information, or any other concerns regarding privacy of VA sensitive information. YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIAL INFORMATION OF OUR VETERANS __________________________________________ ________________ Employee (Print Name) Date __________________________________________ Employee Signature VISN 15 Print Name of Contract Agency, if contractor PROVIDE A COPY OF THIS FORM TO YOUR SUPERVISOR/LOCAL COR FOR DATA ENTRY INTO TALENT MANAGEMENT SYSTEM 1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion. 2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. 3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data. 4. JJP VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of JJP VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of  any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to JJP VAMC. The agency must report promptly to NARA in accordance with 36 CFR 1230. 5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [FACILITY] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). 6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and JJP VAMC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. 7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with JJP VAMC policy. 8. The Contractor shall not create or maintain any records containing any non-public JJP VAMC information that are not specifically tied to or authorized by the contract. 9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. 10. John J Pershing VAMC owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which JJP VAMC shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. 11. Training.  All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. COR will provide Contractor with Records Management for Everyone to review and attest completion. Flow down of requirements to Subcontractors 1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same. 2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor. I certify that I have read and understand the Records Management for Everyone Training. It is the responsibility of the interested source to demonstrate to the government that the interested parties can provide the supplies/services that fulfill the brand name. If you are interested and are capable of providing the sought out supplies/services, please provide the requested information as well as the information indicated below. Response to this notice should include company name, address, point of contact, size of business pursuant to the following questions: Please indicate the size status and representations of your business, such as but not limited to: Service Disabled Veteran Owned Small Business (SDVOSB), Veteran Owned Small Business (VOSB), Hubzone, Woman Owned Small Business (WOSB), Large Business, etc.)? Is your company considered small under the NAICS code identified under this RFI? Are you the manufacturer, distributor, or an equivalent solution to the items being referenced above? If you re a small business and you are an authorized distributor/reseller for the items identified above or an equivalent solution, do you alter; assemble; modify; the items requested in any way? If you do, state how and what is altered; assembled; modified? Does your company have an FSS contract with GSA, VA NAC, NASA SEWP, or any other federal contract, that can be utilized to procure the requirement listed above? If so, please provide the contract number. Please submit your capabilities that show clear, compelling, and convincing evidence that you can meet the requirement described in the attached S...