Attachment 1 - SOW - Reno Solar Array DB.docx

STATEMENT OF WORK FOR DESIGN-BUILD SERVICES

1. General

1.1. The Design Build (DB) shall furnish:

1.1.1. Design: All design (AE) services, materials, supplies, equipment, investigations and project supervision as required relating to this Statement of Work and referenced design instructions.

1.1.2. Construction: all labor, materials, supervision and administration for the construction phase of the project.

1.2. Estimated Construction Contract Price (design-to limitation): $1,650,000.00

1.3. The majority of work will involve new construction.

1.4. Period of Performance will be 240 days from Notice to Proceed.

1.5. The facility currently consists of a variety of buildings constructed from between 1937 through 2016. Due to this range in building ages, several different exterior finishes exist on campus. Integrate the design into existing architecture and propose treatments to help facilitate a coordinated appearance.

1.6. The Project is located at the VA Sierra Nevada Health Care System, 975 Kirman Avenue, Reno, Nevada.

2. Scope

2.1. Contractor will design and construct a photovoltaic system to be placed on the roof of the new parking structure currently under construction.

2.2. The design of the new parking structure incorporates the future addition of a photovoltaic system and incorporates anchor points and conduit to the electrical room on the ground floor. Documents are available in pdf or AutoCAD format and can be requested after contract award.

2.3. The photovoltaic system will connect to the existing facility electrical system.

2.4. The system design will include a methodology to remotely monitor the electric output of the array through the Johnson BMS.

2.5. The Contractor will provide ROI calculations to include required maintenance and maintenance intervals with the 100% design submittal.

2.6. The Contractor will research the local utility company as well as other resources and inform the VA of any available incentive programs applicable to this installation at the project kick-off meeting.

2.7. The system design will include a method to channel run-off from the panels and not allow snow or rain accumulations to fall on vehicles parked below the array.

3. Concept Development

3.1. A preliminary coordination meeting shall be conducted at the facility prior to start of design. The purpose of this meeting will be to introduce the project team to the stakeholders, document the major concerns of the stakeholders, and develop project goals and expectations.

3.2. Detailed delivery schedule and VA review times will be discussed and agreed upon during preliminary discussions between the Contractor, the VA Contracting Officer and Project Engineer. VA review will not be less than 10 working days. All meetings will occur at VASNHCS or by video conference as agreed on by the VA.

3.3. A proposed schedule:

4. Design Development, Construction Documents, Construction

4.1. After acceptance of the concept for the new facility, formal design development will proceed.

4.2. 65% Design Development: A-E/Contractor shall prepare all the required documentation and schedule a review meeting with the major stakeholders. Purpose of this meeting shall be to detail how the concepts have been integrated into the design.

4.3. 90% Construction Documents: A-E/Contractor shall prepare all the required documentation and schedule a meeting with the major stakeholders. The A-E will present plans and renderings to stakeholders.

4.4. 100% Construction Documents submittal: Submit all required documentation for approvals.

4.5. On approval of the construction documents, start construction phases. Approvals will be as detailed in the specifications.

5. Design Requirements

5.1. VA design instructions, guide specifications and reference material are available at the VA Office of Facilities Management website http://www.cfm.va.gov/TIL/. This design shall substantially meet all VA requirements.

5.2. Site Design Data. The A-E and Contractor shall perform field reconnaissance, surveys, and site investigations required to obtain engineering information and design data for the accomplishment of the contract documents per this Statement of Work.

5.3. The A-E shall conduct a risk assessment to identify hazards that could potentially compromise patient care in occupied areas impacted by construction. The scope and nature of the construction activity should determine the extent of risk assessment. Proper controls shall be specified to reduce the risk to acceptable levels and minimize the impact of these activities.

6. Deliverables

6.1. General

6.1.1. Contractor shall provide a complete and detailed fee proposal for completing all field investigation, design analysis, construction drawings, specifications, construction inspections, testing, construction, and other services required under this Statement of Work.

6.1.2. A construction schedule as detailed in the specifications must be included at each submission. The schedule must include critical milestones. Schedule must be compatible with Microsoft Project 2016 and use critical path methodology.

6.1.3. Provide meeting minutes for every meeting within two days of the end of the meeting.

6.1.4. A draft submittal register shall be provided at the 100% submittal which clearly identifies submittal approval levels (Construction Contractor or VA) and submittals requiring VA input (finishes etc.). A final submittal register must be provided with the construction documents submittal.

6.1.5. The A-E shall provide a VA Criteria Deviation Log at each submittal detailing every instance where deviation from VA criteria has been approved by the VA.

6.1.6. All structural, civil and electrical engineering calculations and documents are to be signed and stamped by a practitioner licensed to practice in his state of residence.

6.2. Submittals

6.2.1. Hard Copy: Specifications shall be single spaced, double sided, 3-hole (3/8th inch holes) punch, in a notebook. Drawings shall be on 24-lb bond paper, bound unless otherwise noted. Drawing size: full size 42x30, half-size 22x16.

6.2.2. Electronic Files (AutoCAD, Revit, PDF, Word, Project, etc.): Must be provided in editable format. Both Revit and AutoCAD files are required. Electronic filenames shall include the name of the drawing and spec in addition to the drawing and spec number

6.2.3. 65% Design Submission: Hard copy: 1 full-size set of drawings and specifications (table of contents indicating intended spec sections.); construction schedule. Electronic: One CD containing separate files for each drawing in AutoCAD, Revit, and PDF; construction schedule.

6.2.4. 100% Design Submission: Electronic: one CD containing: separate files for each drawing in AutoCAD and PDF; one fully bookmarked PDF file containing all the drawings; one Word file containing all the specification sections; a Word file for each specification section; submittal log; VA Criteria Deviation Log, construction schedule, design calculations, training matrix, spare parts document.

6.2.5. Construction Documents. Hard copy: 1 full-size set of drawings; 1 half-size, 1 set of specifications; construction schedule; design calculations. Electronic: one CD containing: separate files for each drawing in AutoCAD and PDF; one fully bookmarked PDF file containing all the drawings; one Word file containing all the specification sections; a Word file for each specification section; submittal log; VA Criteria Deviation Log, construction schedule, design calculations, training matrix, spare parts document.

6.2.6. Record Drawings. Electronic copy: two CDs each containing: each drawing to be a separate file, both in DWG and PDF (the DWG format must be unprotected to permit future editing); and one fully bookmarked PDF file containing all the drawings.

6.3. Construction

6.3.1. A fully functioning connected photovoltaic array as detailed in the approved plans.

7. Information Security (VA Handbook 6500.6)

7.1. See Appendix 1

8. Risk Control

8.1. The VASNHS is an active hospital and therefore will require consideration to those areas with patients and staff.

8.2. The Contractor shall be responsible for the administration and management of all aspects of this SOW. This includes responsibility for all Contractor employees, subcontracts, agents, and anyone acting for or on behalf of the Contractor.

8.3. The Government is authorized to restrict the employment under the contract of any Contractor employee or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, general wellbeing, or operational mission of the installation and its population.

8.4. Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installation in conjunction with this contract. This shall be accomplished through the wear of distinctive clothing, overcoats, rain gear, or hats, bearing the company name or logo. The coloring or design of the items selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.

8.5. All Contractor personnel are required to wear identification (I.D.) badges during the entire time they are on the VA grounds. See attached badge process.

8.6. The parties agree that the Contractor’s personnel working as a result of this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

8.7. Appropriate Interim Life Safety Measures (exits, etc.) and Infection Control Risk Assessments must be considered and implemented, to include providing safe passage to patients by removing all materials and hazards at the end of each shift.

9. Administrative

9.1. It is the intent of the Reno VA that the work is to be completed within 240 days from the issuance of the notice to proceed.

9.2. The Contractor shall thoroughly review the scope, all attachments and specifications prior to submitting their proposal. The proposal shall be prepared to reflect all work required to provide a complete system. The contractor’s proposal will list the breakdown of all materials and labor and time required to complete the above-mentioned work. Onsite job walk prior to bid is highly recommended.

Appendix 1

10. Information Security (VA Handbook 6500.6)

10.1. GENERAL

10.1.1. 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.

10.2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

10.2.1. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

10.2.2. 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.

10.2.3. 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.

10.2.4. 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.

10.2.5. 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.

10.3. VA INFORMATION CUSTODIAL LANGUAGE

10.3.1. 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).

10.3.2. 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.

10.3.3. 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.

10.3.4. 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.

10.3.5. 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.

10.3.6. 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.

10.3.7. 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.

10.3.8. 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.

10.3.9. 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.

10.3.10. 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.

10.3.11. 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.

10.3.12. 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.

10.4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

10.4.1. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment (PIA) must be completed, provided to the COTR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

10.4.2. The contractor/subcontractor shall certify to the COTR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

10.4.3. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default “program files” directory and silently install and uninstall.

10.4.4. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

10.4.5. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

10.4.6. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

10.4.7. The contractor/subcontractor agrees to:

10.4.7.1. Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

10.4.7.1.1. The Systems of Records (SOR); and

10.4.7.1.2. The design, development, or operation work that the contractor/subcontractor is to perform;

10.4.7.2. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

10.4.7.3. Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

10.4.8. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

10.4.8.1. “Operation of a System of Records” means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

10.4.8.2. “Record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person’s name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

10.4.8.3. “System of Records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

10.4.9. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as “Systems”), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

10.4.10. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than 10 days.

10.4.11. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch as been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within 10 days. l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g. for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

10.5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

10.5.1. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for insuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerability scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor’s security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COTR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA’s network involving VA information must be reviewed and approved by VA prior to implementation.

10.5.2. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

10.5.3. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor’s systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government-owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

10.5.4. The contractor/subcontractor’s system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA’s POA&M management process. The contractor/subcontractor must use VA’s POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities. Security deficiencies must be corrected within the timeframes approved by the government. Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re-authorized per VA Handbook 6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

10.5.5. The contractor/subcontractor must conduct an annual self-assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COTR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

10.5.6. VA prohibits the installation and use of personally-owned or contractor/subcontract or owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

10.5.7. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

10.5.8. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

10.5.8.1. Vendor must accept the system without the drive;

10.5.8.2. VA’s initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

10.5.8.3. VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

10.5.8.4. Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

10.5.8.4.1. The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

10.5.8.4.2. Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be preapproved and described in the purchase order or contract.

10.5.8.4.3. A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

10.6. SECURITY INCIDENT INVESTIGATION

10.6.1. 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.

10.6.2. 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.

10.6.3. 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.

10.6.4. 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.

10.7. LIQUIDATED DAMAGES FOR DATA BREACH

10.7.1. 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.

10.7.2. 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.

10.7.3. Each risk analysis shall address all relevant information concerning the data breach, including the following:

10.7.3.1. Nature of the event (loss, theft, unauthorized access);

10.7.3.2. Description of the event, including:

10.7.3.2.1. date of occurrence;

10.7.3.2.2. 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;

10.7.3.3. Names of individuals or groups affected or potentially affected;

10.7.3.4. 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;

10.7.3.5. Amount of time the data has been out of VA control;

10.7.3.6. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

10.7.3.7. Known misuses of data containing sensitive personal information, if any;

10.7.3.8. Assessment of the potential harm to the affected individuals;

10.7.3.9. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

10.7.3.10. 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.

10.7.4. 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:

10.7.4.1. Notification;

10.7.4.2. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

10.7.4.3. Data breach analysis;

10.7.4.4. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

10.7.4.5. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

10.7.4.6. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

10.7.5. TRAINING

10.7.5.1. 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:

10.7.5.1.1. 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;

10.7.5.1.2. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

10.7.5.1.3. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

10.7.5.1.4. 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.]

10.7.5.2. 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.

10.7.5.3. 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.

10.8. SECURITY CONTROLS COMPLIANCE TESTING

10.8.1. On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-day’s notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

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