Draft PWS AMR FY21 Ground Ambulance Dec 11 2020.docx

PERFORMANCE WORK STATEMENT

AMBULANCE SERVICE

VETERANS AFFAIRS SAN FRANCISCO HEALTH CARE SYSTEM

DRAFT 12/11/2020

1. GENERAL SPECIFICATIONS

A. Purpose: The contractor will provide twenty-four (24) hour ambulance services as needed for beneficiaries of the Department of Veterans Affairs (DVA). These services are to assure appropriate transportation for authorized beneficiaries between designated sites. The contractor will provide Basic Life Support (BLS), Advanced Life Support (ALS), and Critical Care Transport (CCT) ambulance services to all of the defined areas and such service will include all labor, materials, equipment and supplies that might be required. The services will be classified as Standard or Urgent.

B. The contract covers one (1) medical facility: Veterans Affairs Medical Center San Francisco (SFVAMC). The contract is divided into the following Lots:

The medical facilities listed above are also responsible for Community Based Outpatient Clinics (CBOC) located around the facility. The CBOC locations are listed in Section 4(D)(2) below. Offerors are required to perform services for every county in a proposed Lot. You will not be considered for award if you cannot perform services for all counties in a certain Lot.

The resulting contract made against this solicitation will be an Indefinite Delivery Indefinite Quantity (IDIQ). A task order will be issued to fund the period of performance.

C. Estimated Dollar Value/Guaranteed Minimum/Maximum

The following chart includes the estimated trips per year. The guaranteed minimum for all Lots combined is $. This guaranteed amount applies to option periods as well. The minimum guarantee will be included in the first funded task order that is awarded against the Indefinite Delivery Indefinite Quantity contract. The contract maximum is $ for all Lots.

D. Period of Performance

The base period task order is anticipated to commence on April 1, 2021 and end on March 31, 2022. The task orders have four option years.

2. DEFINITIONS

The contractor will provide ambulance service at all of the established levels of patient acuity - BLS, ALS, and ALS/Critical Care. The definitions of these acuity levels will be established within the specificity of industry standards. In general, the definitions are:

1. BLS: Basic Life Support, which includes service, provided by licensed/certified Emergency Medical Technicians (EMTs). ALL of the attendants on the vehicle will be a fully certified EMT as defined by California State laws/regulations, county regulations, and local ordinances.

2. ALS: Advanced Life Support which includes the BLS level but one of the attendants will be a licensed/certified paramedic.

3. Critical Care: Advanced Life Support, this usually will include the presence of a nurse or physician plus the EMTs or paramedics. For patient transport involving PCI (Percutaneous Coronary Intervention) with Intra-aortic Balloon Pump Transport, an oversize “big box” ambulance will be required. Contractor must have the following staff available and ready for transport: Physician, mechanical circulatory support specialist, critical care transport registered nurse, critical care transport emergency medical technician. VA will not provide any staff during transport of patient.

4. Standard: An ambulance is dispatched within two hours upon call by the DVA. Dispatch times may vary upon agreement between the contractor and the DVA for long-distance transports greater than 100 miles.

5. Urgent Care (STAT) (“Urgent”): An ambulance is dispatched within one hour upon call by the DVA. This is an additional service to 1-3.

This requirement applies only if the contractor is currently offering these services in their service areas.

6. Definition of “Trips”:

a. From pickup location to delivery location (also a “one way trip”)

b. From pickup to delivery and return to pickup location (also a “round trip”).

3. SCOPE OF WORK

A. Performance Criteria:

1. The contractor shall provide ambulance services that meet the following requirements:

a. Response times will be based upon whether the transportation requested is Standard or Urgent.

b. Response time calculation: Response time will be calculated from the receipt of the telephonic request for service. At the time of the request, contractor shall acknowledge their ability to provide the service within the requested response time. If the contractor cannot provide the services for any reason, they must notify the VA staff person requesting the service of their inability to provide the service.

c. Waiting time: The contractor is expected to allow for waits of up to 15 minutes at either or both the trip origin and destination.

d. Trip documentation: The contractor shall document each transport with an appropriate document that specifies the date, patient name, social security number, time of pick-up, destination, time of drop-off, and any notes about issues particular to the specific transport, including recording oxygen, cardiac monitoring, and other services provided. The contractor shall leave a copy of this form with the authorized VA staff (or a copy will be mailed to the specified VA location). These forms will serve as documentation of the transport and will be a source document for reconciliation of the contractor’s filed claims for VA payment.

e. Ordering procedures: Authorized VA staff will telephonically notify the contractor of a request for service. The VA staff is responsible for reviewing and determining that a patient is an authorized beneficiary for transportation. The contractor must not transport any patient without first having VA authorization. (The contractor may propose the use of alternative ordering procedures/systems such as electronic notification. The VA may accept such procedures after consideration and the specific processes will be so documented if accepted.) Authorized VA staff may place orders at any time during the day or night. The contractor must be prepared to accept orders and to provide service 24 hours a day, 7 days per week. When placing orders, VA staff must specify any special services needed, such as oxygen, cardiac monitoring, etc. Additionally, if the request is to transport a patient needing restraint (Mental Health or medical) the specific needs must be specified.

f. Origin and Destination: Patients may be transported to or from any designated location within the defined service area. Most transports will be between VA facilities or between a VA facility and a community health resource. The VA staff will specify the points of origin and the destination of every trip.

g. Emergency diverts: The contractor may determine that a patient requires an emergency divert from a planned transport due to a medical emergency with the patient being transported. Such diversions are allowed as necessary, however, the contractor must notify the VA as soon as possible.

2. Routine Scheduling by the VA:

a. The VA will schedule routine trips when possible by 6:00p.m, the evening before services are required. The VA will provide a list of VA Beneficiaries, which includes but is not limited to pickup times.

b. The Contractor will send the schedule with any revisions to the VA by 8:00 pm.

B. Vehicle Standards and Equipment:

1. The contractor will provide services utilizing ambulances that are licensed and meet the minimum vehicle requirements mandated by the State of California, the California Highway Patrol Ambulance Service criteria, and any mandated local codes or industry standards.

2. The VA reserves the right to inspect the contractor’s equipment and vehicles or require documentation of compliance with contract specifications and State laws, rules, regulations, and guidelines governing medical transport vehicles (ambulances). VA inspections of contractor facilities shall in no way constitute a warranty by the VA that the contractor’s vehicles and equipment are properly maintained. The VA reserves the right to restrict the Contractor’s use of equipment and vehicles which are in need of repair, unclean, unsafe, damaged on the interior or exterior body, and are not in compliance with contract requirements. The restriction of such equipment and vehicles shall not relieve the contractor from performing in accordance with the strict intent and meaning of the contract without additional cost to the Government.

3. The Ambulance will comply with GSA Specifications KKK-A-1822.

4. The Contractor that is providing ambulance services shall provide oxygen when it is requested by authorized VA personnel or required by the patient’s medical condition. Oxygen required for ambulance services shall be at the rate and price shown in the Schedule B of Services and Prices.

5. The Contractor shall not be permitted to borrow medical equipment from any medical facility. The Contractor shall provide all medications required while in transport, sheets and blankets and other equipment and supplies required for use while in transport, for direct patient care. Contractor shall at no time and under any circumstances exchange supplies, equipment and/or medication with the VA. The prices quoted in Schedule B shall be inclusive of consumable used in transport. All vehicles used for critical patient care (i.e., ALS, BLS), shall include but not to be limited to , monitors, defibrillator with external pacemaker, intubation equipment, intravenous equipment, medications, patient compartment facilities, extracorporeal membrane oxygenation (ECMO), intra-aortic balloon pump (IAPB), left ventricular assist devices (LVADs), oxygen and suction system equipment including portable oxygen suction, accessories and knowledge of impella devices.

C. Definition of Authorized Beneficiary:

1. The contractor will transport only one (1) patient per trip unless specifically authorized by a physician or other designated VA staff member. Authorization to use an ambulance for patient transportation MUST come by order of a VA physician. The process of issuing an authorization will come from a designated VA staff member (by direction of a VA physician) and the authorization MUST be obtained prior to the commencement of transportation.

The VA is solely responsible for the authorization of Veteran Beneficiaries. It is not the responsibility of the contractor to check eligibility of the Veteran.

2. When multiple patients are transported: More than one (1) patient may be transported only in those cases where a VA physician or other designated staff member approves. In these cases, reimbursement will be made at the rate NOT to exceed the cost of a single patient. If the transportation is beyond defined city limits, the longest distance over which one of the patients is transported may be claimed. (In the case of transportation beyond city limits, the contractor will ensure that the trips are scheduled so that the total distance traveled will result in the most economical charge to the VA.)

3. Staff members designated to authorize ambulance transportation at VA expense will be detailed by name for each of the VA facilities. These names will be provided at the initiation of the contract and the contractor MUST assure that authorizations are accepted only from the staff so designated.

D. Contractor Personnel Qualifications:

1. All Contractor personnel performing contract services shall meet the qualifications as specified in this contract, as well as any qualifications by Federal, State, County, and local government entities from the place in which they operate. Contractor personnel shall meet these qualifications at all times while performing contract services.

2. The contractor shall not employ any persons for work on this contract if such employee is considered by the VA Contracting Officer (CO) to be a potential threat to the health, safety, security, or operations of the VA, its facilities or its staff.

a. Contractor’s employees shall understand, speak, read, and write the English language at a level, which promotes effective communication.

b. All contractor employees must have current and valid licenses/certifications before they can begin work on this contract. A copy of all certifications and/or other credentials shall be provided to the VA upon request by the CO or Contracting Officer Representative (COR).

c. No employee of the contractor can be a Federal employee nor can they have any conflict of interest either real or perceived.

d. Identification badges: All contractor employees shall wear appropriate identification that can clearly identify them by name, title, and by job performed.

e. Training: All contractor personnel will have ongoing documented training to maintain their appropriate levels of competency. Records and certifications shall be maintained by the contractor and available for VA inspection upon request. All attendants on the ambulances must have current CPR certification and basic first aid training along with their required certifications. Contractor employees must be trained on the appropriate handling of Mental Health patients and those patients that are developmentally disabled.

f. Organization Chart: Contractor shall provide a copy of their organization chart upon award of the contract. The chart will include names, addresses, and telephone numbers of the project manager and other key staff. When organization changes occur, the VA shall be provided a revised copy within ten (10) days of the official date of change.

3. During the period of performance, if the Contractor proposes to add-on or replace personnel to perform contract services, the Contractor shall submit the required evidence of training, certifications, licensing, and any other qualifications to the Contracting Officer.

4. Emergency Medical Technician (EMT) and Paramedic Qualifications: EMT’s and Paramedic’s providing service under this contract shall hold a valid and current California EMT certificate. EMT’s shall comply with all re-certification and continuing education required under California Code of Regulations §100080 and any applicable local rules or ordinances.

5. Registered Nurse (RN): Personnel assigned by the Contractor to perform services by this contract shall be Licensed Registered Nurses in the State of California.

6. Ambulance Driver: All drivers shall have a valid State of California operator’s license to perform the services they perform, be capable of administering oxygen and have successfully completed the Standard and Advance First Aid Course of the American Red Cross or equivalent and be capable of providing necessary medical assistance to the attending medical care specialist.

E. Patient’s Rights:

1. The Contractor shall be courteous to VA beneficiaries and shall not smoke while transporting patients. Patients may bring a reasonable amount of equipment, such as wheelchairs and a personal suitcase.

2. The Contractor shall immediately notify the VA of any incidents involving injury to VA patients during transport.

3. The Contractor shall notify the COR, in writing within 24 hours of any complaint made by the patients or staff with regards to the ambulance service. The COR will report to the Contracting Officer. The Contracting Officer may request an investigation by the Contractor and a Plan of Correction.

4. The contractor shall be held responsible for patient welfare during transport. The contractor shall be held responsible for patient and/or Government property during transport. Any damaged or lost wheelchairs, walkers, crutches or personal belongings will be replaced by the contractor at no additional cost to the Government or beneficiary.

5. The Government requires the contractor to exercise extreme caution and care in the handling of patients. Any abuse of patients will be grounds for default action or Termination of the contract.

6. In the event a patient's condition worsens during transport, the Contractor shall transport the patient to the closest facility appropriate for the required care. In the event a patient should expire during transport the Contractor shall return with the patient back to the origin point.

F. Infection control requirements.

1. Health tests. Contractor attests that assigned personnel have fulfilled all testing and screening requirements as described below prior to first duty shift. Evaluations and tests shall be current within the past year, except as noted. At the VA’s request, Contractor shall provide proof that all requirements are current and fully met as described within 2 business days of request.

2. Tuberculosis Screening and Testing.

a. For those with previous documented positive Purified Protein Derivative (PPD) test results: All Contractor personnel shall provide a note from their physician, dated within the past three months stating they are free of any signs and symptoms of tuberculosis. This evaluation will be renewed annually.

b. For those with previously negative PPD skin test results: All Contractor personnel shall provide proof of a negative reaction to PPD testing, performed in accordance with the latest CDC standards and CDHC/California Tuberculosis Controllers Association guidelines, within the past 6 months. This test shall be renewed annually.

c. For PPD skin converters (a change from a previously negative skin test to positive; defined as an increase in duration of 10mm or more with 2 years): An evaluation from their physician within 30 days of the positive test stating they are free from signs/symptoms of TB and indicating whether prophylactic treatment is indicated. If treatment is indicated, a note from the physician stating it was satisfactorily completed.

d. Rubella Testing. All Contractor personnel shall provide proof of immunization for measles, mumps, rubella or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with a follow-up documentation provided to the COR.

e. Varicella (Chicken Pox) Testing. Provide a history of varicella or, if unknown, results.

G. Authorized VA Personnel: Prior to performance, the Contracting Officer shall provide the Contractor with a list of names or position titles and phone numbers of authorized Government personnel who may request services and receive calls from Contractor regarding contract performance. This list will be updated and submitted to the Contractor as changes occur. The Contractor shall ensure that requests for services are received from authorized medical center personnel. Services rendered in response to requests from other than authorized personnel shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

H. Reimbursement:

(a) The Contractor shall be reimbursed for services in accordance with the Price Schedule in Section B. If the Price Schedule does not set forth a specific fixed route (for example from the VAPAHCS to the SFVAMC), then the Contractor will be reimbursed for the base rate plus the applicable mileage rate based on the distance of the transport. If there is a fixed price for a specific route (for example from the VAPAHCS to SFVAMC), then the Contractor will be reimbursed that fixed rate.

(b) Should the VA make a determination that a previously scheduled trip may be cancelled and a vehicle has already been dispatched to the designated pick-up point, the VA may notify the Contractor to cancel the order. For orders that are cancelled while the contractor is already in route to the designated pick-up, the contractor shall be entitled to receive 50% of the base rate for the trip, as provided in Schedule of Supplies or Services and Prices/Costs. This charge shall not include any mileage charge.

(c) Should the Contractor arrive at the destination before VA cancels the order, or if the Contractor is unable to perform a scheduled pick-up for reasons beyond the Contractor's control, e.g., incorrect address, or patient absence, or patient refusal, then the Contractor shall receive 100% of base rate for a one-way trip as provided in Section B.

I. Escort: The VA reserves the right to have an escort, such as a relative, or care provider of beneficiary or VA staff accompany beneficiary when the VA determines that such an escort is in the best interest of the beneficiary. The VA will also be the sole judge in determining when an escort is required. There shall be no additional charge to the VA when escorts are authorized to travel with beneficiary. Contractor shall only be required to transport escort with patient and shall not be required to return the escort back to point of origin.

J. Substitution of Beneficiary: The VA reserves the right to substitute the beneficiary requiring services at any time during the performance of this contract, to prevent delays, cancellations, or dry runs. There shall be no additional charge to the VA when such changes occur.

4. SPECIAL REQUIREMENTS

A. Ambulance Medical Equipment: Each ambulance shall have patient compartment facilities, oxygen, and suction systems and environmental climatic supplies as required by the Federal Specification for Ambulances, KKK-A-1822.

B. Invoicing Process: The contractor shall submit invoices on a monthly basis. Invoices can be prepared following the standard industry practice. Timely submission of invoices is essential for timely processing by the VA. The invoices must be complete and accurate or they will be returned unpaid for correction. The source documents, described above, will be used to authorize payment. Invoices will be submitted to the respective VA facilities as well as the VA Payment Center in Austin, Texas (VA-FSC):

Invoices must be submitted electronically to VA-FSC in one of three ways:

a) Through third-party contractor, Tungsten. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to set up an account begin submitting electronic invoices free of charge. VA’s Tungsten buyer number is AAA544240062.

b) A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

c) Manually file electronic invoices at https://www.vis.fsc.va.gov.

The following are billing addresses for each VA facility:

C. Licenses and other Certifications: The Contractor SHALL have all necessary license(s) and certifications for the service area.

Offerors for services in San Francisco shall comply with the requirements in San Francisco Health Code 903. For information contact the City and County of San Francisco, Emergency Medical Service Section, 68 12th Street, Suite 220, San Francisco, CA 94103, 415/ 355-2600.

D. Place of Performance: A MAP AND OTHER INFORMATION OF VISN 21 FACILITIES MAY BE FOUND AT:

http://www.visn21.va.gov/map.asp

1. The contractor (or subcontractor) awarded a contract for a certain Lot(s) shall have an ambulance(s) located within the city limits of facilities within the applicable Lot(s) (twenty-four hours a day, seven days a week). The contractor may propose another location if the response time can be met.

This requires approval of the Contracting Officer. The locations below are also considered to be places of performance.

2. The contractor (or subcontractor) awarded a contract for a certain Lot(s) shall have an ambulance(s) located within the city limits of facilities within the applicable Lot(s) (twenty-four hours a day, seven days a week). The contractor may propose another location if the response time can be met.

This requires approval of the Contracting Officer. The locations below are also considered to be places of performance.

VA Santa Rosa Outpatient Clinic 3315 Chanate Road, Suite 1E Santa Rosa, CA 95404

VA OPC

727 E St.

Eureka, CA 95501

E. Deliverables

i) Records - The contractor shall be responsible for creating, maintaining, and disposing of only those government required records which are specifically cited in this PWS. If requested by the government, the contractor shall provide the original record or a reproducible copy of any such records within five working days of receipt of the request.

ii) Small Business Sub-Contracting or Participation Plan – The contractor(s) shall submit an annual compliance report indicating which targets were met and a narrative explanation if targets were not met in accordance with FAR 52.219-9 Alt II.

iii) Reports – The contractor(s) shall provide to the project managers at each site and the Contracting Officer a semi-annual spreadsheet detailing:

a. Patient Name/SSN

b. Date of transfer

c. Ordering Facility (VANCHCS, VAPAHCS, SFVAMC)

d. Pick up location (origin point)

e. Drop – off location (destination)

f. Miles traveled

g. Type of service rendered (BLS, ALS, CCT)

h. Cost

F. Patient Information - Patient information, no matter how developed shall be treated as privileged information under the privacy act and applicable release of information guidelines. Lists and/or names of patients shall not be disclosed to or revealed in any way for any use outside the San Francisco VA without prior written permission by the Chief of Medical Staff.

G. Release of Medical Information - The paramedics shall only release medical information obtained during the course of this contract to other VA or medical treatment facility staff involved in the care and treatment of that individual patient.

H. Patient Sensitivity - Contract paramedics shall respect and maintain the basic rights of patients, demonstrating concern for personal dignity and human relationships. Paramedics receiving complaints validated by the COR and Chief of the Medical Staff shall be subject to counseling and, depending on the nature and severity of the complaint, separation from performing services under this contract.

5. Quality Control (QC)

The contractor shall develop, submit for contracting office acceptance, and maintain a quality control program to ensure the requirements of this contract are performed in accordance with established standards. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. As a minimum the contractor shall develop quality control procedures (QCP) addressing the areas identified in the service summary. The contractor shall make appropriate modifications (at no additional costs to the government) and obtain acceptance of the plan by the CO. The VA shall reserve the right to determine contractor QCPs unacceptable at any time during contract performance. If a QCP is found to be unacceptable, the contractor shall be notified and the CO will take action to enforce the inspection of services clause requiring an inspection system acceptable to the government

6. Quality Assurance

a. According to the contract’s inspection clause, the government will evaluate the contractor’s performance under this contract. The COR is a representative of the CO and will participate in the administration of this contract. Any matter concerning a change to the scope, prices, terms, or conditions of this contract shall be referred to the CO. All services to be performed by the contractor during the period of this contract will be subject to review by the CO or COR.

b. Contractor Response Time: The contractor shall provide written response addressing the root cause, corrective action and preventive action(s). The contractor will be given up to 48 hours to answer a customer complaint.

7. Service Summary

Ambulance Response: Response time to Urgent calls within 1 hour response time.

Response time to Standard calls within 2 hour response time.

2(4) 2(5) No more than 5 late responses per month

Documentation: Preparation of all required run sheets including, but not limited to timeliness, legibility, accuracy, content and signature.

4(E) 90%

8. Orientation Period

a. Contractor(s) Phase In: To ensure a smooth changeover from a current contract to a new contractor, a sixty (60) calendar day phase in period is required. The current contractor(s) shall be cooperative to ensure a smooth changeover is accomplished during the phase-in and phase-out periods. The contractor(s) shall ensure that all training requirements for the newly hired employee(s) are completed before contract start date.

b. Contractor(s) Phase-out Requirements: During the phase-out period, the incumbent contractor(s) shall be fully responsible for all work performed under this Performance Work Statement (PWS). A sixty (60) calendar day phase out period is required. The incumbent contractor(s) shall cooperate fully to permit an orderly changeover of workload. The incumbent contractor shall allow the new contractor and government personnel access on a non-interference basis, to observe the day-to-day operations and to become familiar with the work requirements and procedures.

c. During the orientation period, the contractor(s) shall complete the following:

d. Ambulance service provider must have a license to provide ambulance services from the California State Department of Health, EMS Division and the applicable County(ies) and zones in which award was made.

e. Access government facilities in order to familiarize supervisors, key personnel, and staff with equipment, reporting, work schedules and procedures. However, such access will not interfere with the production efforts of current work force. To preclude such interference, arrangements for access to government facilities will be made with the CO or COR.

f. Provide EMT-Paramedic, State of California license, etc. within 5 business days before period of performance begins.

Appendix C

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.

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.

6. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

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.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

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.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

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

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

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.