S02 Amendment 36C26025Q0314 0001.pdf

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 ITEM 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 reference 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

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)

1 18

0001 03-18-2025

496-25-4-287-0061

36C260

Department of Veterans Affairs Network Contracting Office 20 (V4CONT) 1601 E. Fourth Plain Boulevard Building 17, Suite B428 Vancouver WA 98661

36C260

Department of Veterans Affairs Network Contracting Office 20 (V4CONT) 1601 E. Fourth Plain Boulevard Building 17, Suite B428 Vancouver WA 98661

To all Offerors/Bidders

36C26025Q0314

03-12-2025

X

X X

496-3650160-287-825500-2324 CS01Q00A1

X 1

This purpose of this amendment is to provide an updated Statement of Work (SOW) that includes mandatory SaaS language.

See continuation pages for updated SOW.

Jennifer Robles Contracting Officer

VA-VHA-RPOW-2024-0043

A.1 STATEMENT OF WORK

Statement of Work

VISN20 Vaultara Licensing & Support

1. Contract Title. VISN20 Vaultara Licensing & Support

2. Background. The VA Northwest Health Network, Veterans Integrated Service Network (VISN) 20, is responsible for providing health care to Veterans in the states of Alaska, Washington, Oregon, most of the state of Idaho, and one county each in Montana and California. VISN 20 encompasses 135 counties which cover approximately 23% of the United States land mass; 17% of which are classified as health professional shortage areas. 67% of these same counties had a 2001 per capita income below $25,000. There are approximately 1.2 million Veterans living in the Pacific Northwest and Alaska, 18% of whom received VA services.

The VISN 20 network of eight (8) health care facilities is comprised of (7) medical centers and one (1) rehabilitation center. Two of the health care facilities are three (3) two-division campuses. These ten (10) health care sites support thirty-six (36) Community Based Outpatient Clinics.

Vaultara provides a cloud-based set of applications that provides fast, secure, contact-less access to imaging and medical data for sharing among healthcare partners. Vaultara is used by the VA VISN20 to share medical images and files with outside healthcare providers, veterans, and other VA facilities. The use of Vaultara’s applications eliminates the need for writing CD-ROMS, then hand-carrying or mailing the CDs-ROMs, and importing them back into the outside HDO’s PACS. This export, distribution, and import process is time-consuming and prone to problems including lost CDs, dysfunctional CDs that cannot be accessed by facilities, failures related to network security or systems incompatibility, and a host of other possible problems. Vaultara’s cloud-based solution eliminates these problems.

Vaultara and VA acknowledge the need for veterans, other VA facilities, and outside healthcare providers to be able to use Vaultara’s technology, and shall be able to do so at no cost to the veteran, VA facility outside of VISN 20, or outside healthcare provider as long as this contract remains valid and active. This contract also provides VISN 20 the ability to connect to an unlimited number of external healthcare providers, VA facilities, and veterans via any method of transaction delivery that Vaultara offers, i.e. via MPN/glider, Ambra and/or Powershare interface, or manual web upload/download.

3. Applicable Documents. In performance of the tasks associated with this Performance Work

Statement, the Contractor shall comply with the following:

3.1. 44 U.S.C. § 3541, “Federal Information Security Management Act (FISMA) of 2002”

3.2. FIPS Pub 201, “Personal Identity Verification of Federal Employees and Contractors,” March

3.3. 5 U.S.C. § 552a, as amended, “The Privacy Act of 1974”

3.4. 42 U.S.C. § 2000d “Title VI of the Civil Rights Act of 1964”

3.5. VA Directive 0710, “Personnel Suitability and Security Program,” September 10, 2004

3.6. VA Directive 6102, “Internet/Intranet Services,” July 15, 2008

3.7. 36 C.F.R. Part 1194 “Electronic and Information Technology Accessibility Standards,” July 1,

3.8. Office of Management & Budget (OMB) Circular A-130, “Management of Federal Information

Resources,” November 28, 2000

3.9. 32 C.F.R. Part 199, “Civilian Health and Medical Program of the Uniformed Services

(CHAMPUS)”

3.10. An Introductory Resource Guide for Implementing the Health Insurance Portability and

Accountability Act (HIPAA) Security Rule, October 2008

3.11. Sections 504 and 508 of the Rehabilitation Act (29 U.S.C. § 794d), as amended by the

Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998

3.12. Homeland Security Presidential Directive (12) (HSPD-12)

3.13. VA Directive 6500, “Information Security Program,” August 4, 2006

3.14. VA Handbook 6500.6, “Contract Security,” March 12, 2010

3.15. Program Management Accountability System (PMAS) portal (reference PWS References

– Technical Library at https://www.voa.va.gov/)

4. Scope.

4.1. Vaultara shall provide troubleshooting support, maintenance services, software upgrades, and security updates to the solution at minimum as needed and stipulated by VA. Vaultara must respond to trouble tickets submitted by VA within 4 hours and provide daily updates thereafter until the ticket is closed, and weekly updates until the issue is deemed resolved by VA. Vaultara must ensure 95% uptime of the system throughout the duration of this contract.

4.2. The contracted vendor shall provide software, software licenses, installation services, configuration, and maintenance and support services for Vaultara hybrid cloud-based software applications, support and training as follows for the locations stipulated below:

Description Part #

License Renewal On Delivery for VISN 20 Flight VA Product

VA_ANNUALLIC

Monthly Maintenance paid quarterly in arrears for VISN 20 Flight VA Product Unlimited CCN & Private Hospital Connections, MPN connections to CCNs through Ambra and/or Powershare

COSTS INCLUDE:

• Ongoing user training if required

• Ongoing software updates

• Full Product Maintenance Support

• Unlimited transactions with no files size limitations

• Access to new product features and benefits

VA_ANNUALMAI

License Renewal On Delivery for VISN 20 Annual Flight Advanced Auditing Module

VA_AAM

Monthly Maintenance paid quarterly in arrears for VISN 20 Annual Flight Advanced Auditing Module Flight Advanced Auditing Module will provide automated auditing functionality and reconciliation of transactions from the Flight image sharing solutions with current VA auditing systems. Advance Auditing Module will track all outbound and inbound transactions to meet current VA guidelines and supply needed transaction details directly to VA auditing system.

COSTS INCLUDE:

• Ongoing user training if required

• Ongoing software updates

• Full Product Maintenance Support

• Unlimited transactions with no files size limitations

• Access to new product features and benefits

VA_ANNUALMAI

License Renewal On Delivery for VISN 20 Annual Flight EndoPro Module for the 5 VISN 20 sites (PUG, POR, ROS, BOI, SPO)

VA_ENDOPRO

Monthly Maintenance paid quarterly in arrears for VISN 20 Annual Flight EndoPro Module for the 5 VISN 20 sites

(PUG, POR, ROS, BOI, SPO)

Flight EndoPro Module will allow for direct DICOM sends from the EndoPro solution into Vaultara Flight image sharing Console. The EndoPro module provides a streamlined interface to EndoPro application for easy sharing of Gastroenteraology and Pulmonology images and reports.

COSTS INCLUDE:

• Ongoing user training if required

• Ongoing software updates

• Full Product Maintenance Support

• Unlimited transactions with no files size limitations

• Access to new product features and benefits

VA_ANNUALMAI

License Renewal On Delivery for VISN 20 Annual Flight Pinnacle for the 1 site listed (PUG)

VA_PINNACLE

Monthly Maintenance paid quarterly in arrears for VISN 20 Annual Flight Pinnacle for the 1 site listed (PUG) Flight Pinnacle Module will allow for direct DICOM sends from the Pinnacle solution in to Vaultara Flight image sharing Console. The Pinnacle module provides a streamlined interface to Pinnacle without the need of DICOM Q/R functionality.

COSTS INCLUDE:

• Ongoing user training if required

• Ongoing software updates

• Full Product Maintenance Support

• Unlimited transactions with no files size limitations

• Access to new product features and benefits

VA_ANNUALMAI

License Renewal On Delivery for VISN 20 Annual Extended Anonymization Routines Module

VA_EAR

Monthly Maintenance paid quarterly in arrears for VISN 20 Extended Anonymization Routines Module Advanced de-identification / anonymization processing allowing manual transactions to be subject to extended DICOM tag manipulation. This module will allow an administrator to setup a collection of DICOM tag manipulations, applied to transactions by choice. The collections will contain pre-set values for various DICOM tags and/or have the user prompted for values at the point of the transaction being submitted, typically used for clinical trial transactions

COSTS INCLUDE:

• Ongoing user training if required

• Ongoing software updates

• Full Product Maintenance Support

• Unlimited transactions with no files size limitations

• Access to new product features and benefits

VA_EARMaint

Table 1: VISN20 Locations

VISN Station Address

20 531-VA Boise Medical Center 500 W. Fort Street

Boise, ID 83702

20 648-VA Portland Medical Center – Portland Campus 3710 SW US Veterans Hospital Road

Portland, OR 97239-2999

20 653-VA Roseburg Health Care System – Roseburg Campus 913 Garden Valley Boulevard

Roseburg, OR 97470

20 663-VA Puget Sound Health Care System – Seattle Division

1660 South Columbian Way

Seattle, WA 98108-1597

20 668-VA Spokane Medical Center N. 4815 Assembly Street

Spokane, WA 99205

20 687-Jonathan M. Wainwright Memorial VA Medical Center 77 Wainwright Drive

Walla Walla, WA 99362

20 692-VA Southern Oregon Rehabilitation Center and Clinics 8495 Crater Lake Highway

White City, OR 97503

20 463- VA Anchorage Healthcare System 1201 North Muldoon Road

Anchorage, AK 99504

5. Performance Period. Sept 30, 2025 through Sept 29, 2026.

6. Place of Performance. Contract performance shall take place between VA locations above and contractor’s location(s).

7. Travel for Installation, Implementation and Training. The Government anticipates NO Contractor travel under this contract. All travel shall be incorporated into the price schedule for the contract.

No travel costs will be reimbursed by VA

7.1. The Government acknowledges the use of remote access for installation and implementation purposes, within the constraints of all applicable VA Information Security Requirements

8. Government Furnished Equipment/Information. The Contractor shall be allowed access to Government equipment including servers and network infrastructure. Information on Government equipment and systems shall be provided as necessary. No Government-owned property will be transferred into the Contractor’s control. Additional software products may be provided by the Government as identified to facilitate Contractor access, e.g. Microsoft Terminal Services.

9. Invoicing. Invoices shall be submitted electronically via the Financial Services Center Mandatory

Electronic Invoice System, upon delivery of licenses and on a quarterly basis in arrears thereafter for maintenance and support services. Invoices must include, at a minimum, the following information:

Contractor name, purchase order number, period of service the billing covers, and a list of equipment items covered during the stated period of performance.

This requirement is in accordance with VARR Clause 852.232-72 Electronic Submission of Payment Requests: http://www.fsc.va.gov/einvoice.asp. Electronic payments are net 30 days.

10. Security Requirements. 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.

11. Hours of Coverage & Federal Holidays. Maintenance Service will be provided during regular coverage hours of 8:30am to 5:30pm, Monday through Friday, excluding federal holidays. The contractor shall contact the POC or his/her designee prior to commencing any work on the premises.

Federal Holidays are:

New Years' Day Martin Luther King Day Presidents' Day

Memorial Day Independence Day Labor Day

Columbus Day Veterans' Day Thanksgiving Day

Christmas Day Juneteenth

12. Option to Extend Services. In accordance with FAR Clause 52.217-8, Option to Extend Services, the contract may be extended, at the Government’s sole discretion, for a period of up to six (6) months, exercisable in increments of not less than one (1) month. If the contract contains an unexercised option period, the Government may elect to exercise the option pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract, during any short-term extension. The short-term extension(s) shall be subtracted from the total duration of the immediately succeeding option period that may follow as a result of the exercise of the option pursuant to FAR Clause 52.217-9 so that the combination of the short-term extension(s) and the option will not exceed 12 months duration. If the Government exercises one or more short term extensions in accordance with FAR Clause 52.217-8 and this instruction or an option period pursuant to FAR Clause 52.217-9, or any combination thereof, the contract as extended shall be deemed to include this extension instruction and FAR Clause 52.217-8; thus, the authority to extend services pursuant to FAR Clause 52.217-8 and this instruction may be exercised at the end of the base period and at the end of each option period.

The prices applicable during the short-term extension(s) shall be the price(s) applicable during the immediately succeeding option period if there is one (for example, CLIN 1001 subject only to any adjustment required by the Service Contract Act). If there is no immediately succeeding option period, the price(s) shall be the price(s) applicable during the immediately preceding contract period, subject only to any adjustment required by the Service Contract Act.

The extension(s) may be exercised by the Government IAW FAR Clause 52.217-8, provided that the CO has given notice of the Government’s intent to exercise the extension at least 7 calendar days before this contract is to expire. A notice will be provided for each separate extension.

For requirements items, the prices applicable during the short-term extension(s) shall be the prices applicable during the immediately succeeding option period, if there is one. If there is no succeeding option period, the prices shall be the prices applicable during the immediately preceding contract period.

The cost ceiling(s), base fee(s), and award fee(s) during the short-term option(s) shall be the pro rata portion of the costs and fees applicable to the immediately succeeding option period, if there is one.

If there is no succeeding option period, the cost ceiling(s) and fee(s) shall be the pro rata portion of the costs and fees for the immediately preceding contract period.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

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 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 COTR.

4. SECURITY INCIDENT INVESTIGATION

m. 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.

n. 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.

o. 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.

p. 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 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.

6. TRAINING

d. 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 800-16, Information Technology Security Training Requirements.]

e. 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.

f. 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.

g. 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.

SAAS FEDRAMP REQUIREMENTS FOR SOLUTION THAT IS FEDRAMP AUTHORIZED AND VA

AUTHORIZED

1. The information system solution selected by the Contractor shall comply with the Federal Information Security Management Act (FISMA) and have a current VA authorization.

2. The Contractor shall comply with FedRAMP requirements as mandated by Federal laws and policies, including making available any documentation, physical access, and logical access needed to support this requirement.

3. The FedRAMP Authorization level and existing VA ATO should be no less than the level required for this use case which has been defined as Moderate.

4. The Contractor shall, where applicable, assist with the VA ATO Sustainment Process to help maintain health and quality of agency authorization of the cloud service or migrated application.

5. The Contractor shall exclusively provide licenses and/or accounts to FedRAMP authorized and VA authorized environments.

6. The Contractor shall afford VA access to the Contractor’s and Cloud Service Provider’s (CSP) facilities, installations, technical capabilities, operations, documentation, records, and databases.

7. If new or unanticipated vulnerabilities are discovered by either VA or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party in accordance with Addendum B, VA Information and Information System Security/Privacy Language. VA Privacy and Security deliverables as directed by the VA System owner.

8. The Contractor shall comply with data management requirements.

9. Successful issuance of a VA ATO will be required before live VA data can be used in the system.

10. The Contractor shall participate in FedRAMP Continuous Monitoring activities as outlined by

FedRAMP’s Continuous Monitoring Strategy Guide found on the FedRAMP Website.

11. The Contractor shall participate in monthly Agency and FedRAMP Sustainment meetings following the granting of a VA ATO.

DELIVERABLES:

A. 3PAO Security Assessment Report (SAR) B. Continuous Monitoring Monthly Scans C. Plan of Action and Milestones Monthly Repo