36C10E18Q0174-0001000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2.

AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE

OF PAGES

10A. MODIFICATION OF

CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV.

11/2016) is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITE M 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR

43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes r eference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS

ENTERED INTO

PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14.

DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME

AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS

OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

VA

00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 00101 Department of Veterans Affairs Veterans Benefits Administration Office of Acquisition 1800 G. Street N.W.

Washington DC 20006 To all Offerors/Bidders

36C10E18Q0174 06-25-2018

X X X X The purpose of this amendment is to answer attached questions to the solicitation and provide an updated SOW.

All other changes remain unchanged.

Tamara Feist-Hatfield Contracting Officer

VA-VBA-2017-A44F6B8D

CONTINUATION PAGE

1. The solicitation is dated June 13th; however, the release date is June 20, with no change in due date. Is it possible to get an extension?

The solicitation date reflects the draft date and was overlooked during review. The correct date is June 20. The closing date for this July 7, 2018 at 8 am PDT. The due date may be extended if there is a correction or update from the Government that may require additional time. This would be accomplished through a solicitation amendment and posted to FBO.gov.

1. Please provide the name of the incumbent contractor and contract number. Was it a set-aside and what type?

Incumbent contractor is Language Training Center, Inc. VA101V-17-P-0577 Small Business Set-Aside

1. Typically, 4 hours of uninterrupted ASL interpreting requires two interpreters to team with each other. Does the VA expect one interpreter for 4 hours or two interpreters for that time period?

We expect just one interpreter because of the down-time. It’s rare that we need 4 hours of uninterrupted hours of service. In those cases, we work with the contract ahead of time to schedule additional help.

1. Why is a cancellation fee in the pricing sheet? Please explain the number of cancellation occurrences that have occurred in the past year. Does VA anticipate an increase or decrease in this number?

We (VA) have probably cancelled service 5-7 times in a year. I expect that number to stay consistent. We have two hearing impaired employees and the only time we would cancel service is when we know ahead of time that they will both be on leave.

1. Are there times when the interpreter(s) will not be present every working day for 4 hours? Meaning they may show up and only be utilized for less than the 4 hours.

Yes, this can happen from time to time. Usually this occurs when the hearing-impaired employees call out sick un-expectedly, but that would also mean both of them are gone, so again, it’s rare but can happen. If there are no employees on-site that require service, we will send the contractor home.

1. Does VA require the selected interpreter(s) to be present every working day in the hours specified in the solicitation?

Yes, unless both the hearing-impaired employees are on schedule annual leave.

1. Is parking available onsite? If so, is there a charge?

Yes. No charge.

1. In accordance with FAR 52.222-41 a Wage Determination (WD) is attached? Was a WD used on a previous contract?

Yes, it was required.

1. We note the Federal equivalent of rate for GS-10 is $26.70 for monetary wage-fringe benefits. We cannot find Interpreters listed on the WD. Is this an oversight or is the position non-listed and will require an SF 1444?

Appears the specific position is not listed on the current WD. A SF 1444 will need to be completed by the contractor after award and submitted to the Contracting Officer for the DOL to review and approve.

1. The Solicitation requires the Contractor to be a Nevada certified ASL interpreter and to be registered in Aging and Disability Services. Typically, individual interpreters are the holders of certifications and may be registered with various authorities. Would that satisfy the requirements of the VA for this project?

The SOW is updated to reflect the contractor employee shall be ASL certified and must be registered with the Aging and Disability Services per Chapter 656A of the Nevada Revised Statutes (NRS 656A).

1. Please confirm the technical requirements for this solicitation? The Solicitation only lists the ASL Certification. Are there any others such as Past Performance?.

The only requirements that will be evaluated are technical and price. Technical is the ASL Certification and registration IAW with NRS 656A. Performance will only be considered as a factor of the Determination of Responsibility for the apparent awardee and will not be evaluated.

STATEMENT OF WORK

American Sign Language Interpreter Services

1) INTRODUCTION

The Contractor shall provide all labor, supervision, materials, and transportation for American Sign Language (ASL) Interpreter and communication services at the Nevada Regional Benefit Office, Reno, NV (RO). ASL services are required for Veterans Benefits Administration (VBA) Service Center and Support Services meetings and/or training for all hearing-impaired employees. ASL services are also required at special events such as awards ceremonies, town halls, individual training sessions, and mentoring Q&A sessions (from the hearing impaired to non-hearing impaired).

2) SCOPE

The Contractor shall perform ASL services to RO employees who are deaf and/or hearing impaired. Services shall include but not limited to: interpreting for employees in a variety of settings both formal and informal; the Contractor shall actively communicate with the hearing-impaired employees and their respective supervisor to ensure all policies, deadlines, goals, and objectives are understood by both parties; Contractor shall receive evaluations from employees and supervisors regarding effectiveness/deficiencies of communication. The Contractor shall provide to the Reno Regional Office four (4) hours of service a day, Monday through Wednesday and Friday 8am to 12pm; Thursday’s 10am to 2pm; excluding Federal Holidays.

3) PERIOD OF PERFORMANCE

Base year with four (4) option years.

4) MINIMUM QUALIFICATIONS

The Contractor shall be a certified ASL Contractor and must register with the Aging and Disability Services per Chapter 656A of Nevada Revised Statutes (NRS 656A). The Contractor shall interpret communication from the non-hearing impaired to the hearing impaired (and vice versa). This includes verbal communication and sign language. VA reserves the right to disqualify interpreters from providing services under this contract based on the following information: 1) background check and 2) Conduct violations (Upon contract award, the interpreter will be required to sign a Code of Ethics and Rules of Behavior (ROB) and complete ROB training as provided by the Information Security Officer or VBA Point of Contact).

5) PERFORMANCE MONITORING

The COR for this contract shall monitor the Contractor’s performance by periodically observing the sign language services. The COR will surveil to determine if the contractor is meeting the needs of the Reno Regional Office hearing impaired community. This determination will be based on a review of the following:

1. Substantiated complaints

1. Expressed communication needs and preferences of the community

1. Timeliness

1. Professionalism

6) INTERPRETER DRESS CODE

Dress code will be business casual.

7) BREAKS

The contractor is allowed one 15-minute break within every four hours worked. Additional breaks are authorized after one hour of continuous interpreting.

8) ACCESS TO CLIENTS

The Contractor shall not have free access to the VA facility once on-site. A VA employee must be present in the room or nearby while the Contractor is providing services.

9) PHOTO IDENTIFICATION

The Contractor shall be required to present photo identification (Agency or state/federal ID) upon request by VA staff or security guards. Additionally, contractor agrees to obtain a VA provided flash badge to be worn at the facility.

10) PROHIBIITING UNDUE INFLUENCE

Contractors, unless authorized by requestors, are prohibited from applying undue influence by:

1. Determining the need for interpreter services or engaging in the solicitation of interpreter assignments for appointments;

1. Arranging services for clients/employees in order to create business;

1. Contacting the client/employee other than at the request of an authorized requestor;

1. Requiring a client/employee to obtain interpreter services exclusive of other interpreters or contractors holding valid contracts with the department

1. Billing for interpreter services provided to the interpreter’s own family members; and

1. Accepting any compensation from clients, employees, or others in addition to payment received from this contract.

11) TIMELINESS

The Contractor shall be on time to work each day and allow for a flexible schedule within the daily timeframe.

12) INTERIM/REPLACEMENT INTERPRETERS

The Contractor shall not send an interpreter for more than 5 consecutive days without a completed favorable special agreement check (SAC). Upon first day of work performed interim/replacement interpreter will be required to sign a rules of behavior (ROB) and non-disclosure agreement before work is performed.

13) CONTRACTOR PERSONAL

The parties agree that the Contractor Personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

It is incumbent upon the Contractor to furnish the management expertise to accomplish not only the specific tasks specified within, but also an acceptable environmental appearance, that reflects accomplishment of a total program. Work shall be performed by bonded; experienced staff with experience in working with, and around fully occupied office spaces. All contractor personnel assigned to the performance of this contract shall wear a contractor provided uniform that clearly identifies the individual as a contractor.

The Contractor shall ensure that the crew assigned shall be cognizant of sexual harassment, drug-free workplace and other appropriate federal employment requirements.

14) WORK HOURS

Normal Work Hours: VBA hours of operation are 0700-1600 hrs. The Contractor may find it necessary to deviate from the normal base hours of operation, to ensure timely completion of work under this SOW at no additional cost to the government. The service schedule will be developed between the contractor and Contractor’s Representative (COR) prior to any service being performed.

Holidays: If these holidays fall on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day post the holiday observance.

New Year’s Day - 1 January Martin Luther King Day - 3rd Monday in January Washington’s Birthday - 3rd Monday in February Memorial Day - last Monday in May Independence Day - 4 July Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veteran’s Day - 11 November Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December

15) GENERAL INFORMATION

Traffic Laws. The Contractor and its employees shall comply with federal, local and VASNHS traffic regulations.

Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their Contractor-owned or privately-owned vehicle while on VASNHS.

Physical Security. The Contractor shall be responsible for safeguarding all government property and controlled forms provided for Contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.

Parking Policy. It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA will not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

Smoking Policy. Smoking is permitted only in designated areas on VA grounds and is strictly prohibited within VA buildings.

Cellular Phones. Cellular phones shall be turned off prior to entering the VA facility and are prohibited for use inside the building. A hands-free device shall be utilized while driving and texting while driving is strictly prohibited.

16) INVOICE AND PAYMENT

The Contractor shall invoice VBA –Nevada Regional Office-Reno monthly within the first five business days for the previous month’s services. All hours and days worked shall be confirmed by Nevada Regional Office-Reno prior to payment. Paper invoices will not be accepted. All invoices will be electronically mailed (e-mail) to SSD.VBAREN@va.gov.

The invoice SHALL be itemized to include the following information. Any information listed below not provided on an invoice shall render that invoice incomplete and the invoice shall be returned for immediate correction.

17) SECURITY REQUIREMENT

All contractor employees are subject to the same level of investigation as VA employees who have access to VA sensitive information or access to VA facilities. The background investigation includes the following requirements: 1) Completed documentation 2) Fingerprints 3) Completion of OPM’s e-QIP Questionnaire. The Contractor is required to fulfill all of the security requirements. The Contractor, upon completion of fingerprinting, and an initial suitability determination, may be authorized tentative access to start the performance period of the contract, but only on condition of completion of all security requirements. This requirement is applicable to all subcontractor personnel requiring the same access. Upon contract award, the interpreter will be required to sign a Code of Ethics and Rules of Behavior (ROB) and complete ROB training and records management training as provided by VBA Point of Contact or their designee

A.4 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/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.

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. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

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 on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

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 Contracting Officer within 30 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 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 VBA 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/POC.

4. 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 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.

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.

5. 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 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

(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.

18) 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:

(a) 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;

(b) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(c) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(d) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

1. The contractor shall provide to the contracting officer and/or the COTR 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.

(e) 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.

19) BACKGROUND INVESTIGATION

National Agency Check With Inquiries (NACI) – Background Investigation

Prior to commencement of work on this contract, the contractor is required to submit to the COR, OI&T CONTRACTOR BACKGROUND INVESTIGATION REQUEST WORKSHEET of all the fully trained and qualified personnel who will be used in the performance of services under this contract. All contractor personnel assigned to the regional office must submit the required paperwork and fingerprints to the COR for NACI clearance. This paperwork will be provided after contract award. Upon receipt, the COR shall review the completed forms for accuracy.

The COR shall ensure that the contractor provides evidence that investigations have been completed or are in the process of being requested. The COR shall notify the CO and contractor after adjudicating the results of the background investigations received from VA Law Enforcement Center (SIC).

The NACI will be processed and completed at the contractor’s expense. All applicants must receive favorable adjudication in order to work at the Reno Regional Office. The 2018 price for NACI is $408.