Performance Work Statement.pdf

36C24823Q0241

PERFORMANCE WORK STATEMENT (PWS)

1. General Requirements: Contractor shall provide all required labor, materials, equipment, and supervision to provide collection, transporting, and disposition services for Regulated Medical Waste (RMW) and pathological waste at the VA Caribbean Healthcare System (VACHS). These services will be provided at the VACHS main facility, the Ponce Out-patient Clinic (POPC), the Mayaguez Out-patient Clinic (MOPC), the Guayama Community-Based Out-patient Clinic (CBOC) the Arecibo CBOC, and the Utuado, Ceiba, Comerio, and Vieques Rural Clinics.

2. Period of Performance: The Period of performance for this service contract is from February 1, 2023, to January 31, 2024, plus four 12-month option periods.

3. RMW Collection Locations:

3.1 VA Caribbean Healthcare System (VACHS) Main Facility: 10 Casia Street, San Juan, PR 00921-3201

3.2 Ponce Out-patient Clinic (POPC):1802 Calle Navarra, Ponce, PR 00716

3.3 Mayaguez Out-patient Clinic (MOPC): State Road PR #2 Km. 149.9, Ave. Algarrobo #175 Bo. Sabanetas, Mayagüez, PR 00681-1507

3.4 Guayama Community-Based Out-patient Clinic (CBOC): FISA Bldg. 1st Fl., Paseo Del Pueblo, Km. 0.3, Lot No. 6, Guayama, PR 00784

3.5 Arecibo Community-Based Out-patient Clinic (CBOC): Galeria Pacifico, Rd. PR-10, Arecibo, PR 00612

3.6 Utuado Rural Clinic: Isaac Gonzalez St., Esquina Ledesma, Utuado, PR 00641

3.7 Ceiba Rural Clinic: PR-3, Km. 54.9 Lot No. 3, Ceiba, PR 00735

3.8 Comerio Rural Clinic: 15 De Diego Street, Comerio, PR 00782

3.9 Vieques Rural Clinic: Centro Salud Familiar Susana Centeno, Rd. 997, Vieques, PR 00765

4. Description of Services: As part of the collection services, the Contractor shall pick-up each RMW container, dispose of the RMW in such container in accordance with federal and state regulations, and provide a clean and empty container at the facility it was picked up from. The Contractor shall remove all debris and discarded materials (spillage) resulting from these collection services. The containers shall be sealed and locked before being transported to the Contractor’s facility.

4.1 RMW Collection Services Per Site: The following containers for the collection of RMW shall be placed at the identified locations:

4.1.1 VACHS Main Facility: One (1) thirty-six (36) yard closed dumpster.

Pick-Up Frequency: Monday, Wednesday, and Friday pick-up services.

RMW collections at VACHS shall be made between 4:30 AM and 6:00 AM.

4.1.2 POPC, MOPC, Guayama CBOC, Arecibo CBOC, Utuado Rural Clinic, Ceiba Rural Clinic, Comerio Rural Clinic, and Vieques Rural Clinic. Each of these clinics have a designated room in which RMW is disposed, using a trash bin. The Contractor shall collect the RMW inside such trash bin, and properly dispose of it.

Pick-Up Frequency: One (1) pick-up per week.

4.2 Additive Alternate Site Locations: Due to the multiple ongoing construction projects being held at the VACHS, the government may need to add, remove, or transfer waste containers within VACHS, and its outlying facilities. In the case(s) that additional RMW containers or containers of a different size are needed, the Contractor shall submit a quote for any economic impact that this change may cause, and the Government will evaluate such to determine price fair and reasonableness. If the CO determines such price to be fair and reasonable to the Government, then the changes will be made to the contract via supplemental agreement.

4.3 Pick-up Frequency Changes: Pick-up frequencies may also need to be increased or decreased, due to the conditions mentioned in Section 4.2. In the case that the frequencies increase, the same procedure in Section 4.2 shall be followed.

4.4 Packing: Before transporting RMW, the Contractor shall pack any RMW in accordance with applicable state and federal regulations. The Contractor shall provide packing materials (e.g., boxes) to the Government.

4.5 Labeling and Marking: Contractor must properly label, mark, and seal each package of RMW being collected in accordance with applicable state and federal regulations. The Contractor shall provide marking materials to the Government.

4.6 Transportation and Disposal: RMW containers shall be transported in accordance with the Puerto Rico Department of Transportation (DOT). Contractor shall possess a RMW transportation permit in accordance with the Puerto Rico Natural Resource Department (DNR). Contractor shall furnish a copy of his permit issued by the PR DNR to transport and dispose of RMW fifteen (15) days prior to start of contract performance, and fifteen (15) days prior to its expiration, in subsequent years. Vehicles shall be equipped with Federal and State mandated spill kits while performing RMW transportation to disposal site.

4.7 Manifest: Contractor shall provide copy of the manifest to the COR within the same working day after each pick-up. Contractor shall return completed manifest to indicate disposal of waste as per established DNR regulations, on a monthly basis.

4.8 Pathological Waste: Contractor shall incinerate all pathological waste in an incinerator that is DNR approved. Contractor must possess a permit to operate incinerator from the PR DNR.

4.9 Reports: The Contractor shall submit a monthly report that details the tonnage of RMW collected and disposed for each facility within five (5) days of the end of each month.

5. Federal Holidays: VACHS regular working hours will be Monday through Friday, 7:30 am to 4:00 pm, except for Federal Holidays. A substantial part of the VACHS is occupied 24 hrs. per day, 7 days a week. The Contractor shall schedule and arrange work so as to cause the least interference with the normal occurrence of Government business and mission. In those cases where some interference may be essentially unavoidable, the Contractor shall make every effort to minimize the impact of the interference. Pick-up schedules shall be submitted ten (10) days prior to contract performance. In the case that pick-up services for any dumpster or container coincide with a Federal Holiday, then the services shall either be provided on the day prior or the day after such holiday, in the case where they cannot be provided on the holiday itself.

5.1 List of Federal Holidays: Legal holidays recognized by the Federal Government in accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 or any other by the President of the United States to be a national holiday, the following national holidays are observed and for the purpose of this contract is defined as "Legal Federal, official holidays" as follows:

New Year’s Day January 1

Martin Luther King Day Third Monday in January

Presidents’ Day Third Monday in February

Good Friday Last Friday in March

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans’ Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

Note: Or any other day specifically declared by the President of the United States to be a national holiday.

6. Commencement of Services: A Contractor representative shall visit VACHS and meet the Contracting Officer (CO) and/or the COR before the start of the contract’s period of performance in order to view where the dumpsters shall be placed, and where the containers will be installed.

7. Applicable Regulations: Contractor shall comply and conform to Federal, Commonwealth of Puerto Rico, and local ordinances and regulations. Applicable laws and regulations include the following:

7.1 PR Rule 500 – Rule for the Management of Non-Hazardous Solid Waste

7.2 PR Rule 501 – Law Number 9, 18 June 1970, as amended

8. Response Time:

8.1 Correction of Issues: The Contractor shall correct any issue reported regarding a dumpster or container, within six (6) hours of the issue being reported. These issues include leachate, soiled containers, container maintenance, incorrectly installed or parked container, among other issues.

8.2 Service Calls: The Contractor shall respond to all service calls within one (1) working day after notification by the CO and/or COR.

8.3 Pick-up Schedule: The Contractor shall establish vehicle routes and collection schedules, based on the frequencies established in Section 4 of this PWS. They shall submit such schedules to the CO and COR five (5) calendar days prior to start of contract performance, for approval. Once approved, changes to this schedule must be re-submitted for approval.

8.4 Inclement Weather: The Contractor shall continue to provide services during periods of inclement weather. In cases of severe weather, exceptions may be authorized by the CO or COR. When exceptions are granted, the contractor shall make up all missed collections within twenty-four (24) hours after the severe weather has terminated, unless the CO authorizes additional time.

8.5 Hurricanes or Disasters: During hurricane season, disasters or emergencies, upon notifications by CO or COR, the Contractor shall take any necessary precautionary measures to prevent damage to the Government facility, and shall consolidate upon request any or all container(s) and dumpster(s) and temporarily relocate them to a position adjacent to any building or structure, as instructed. The Contractor shall also provide any tie downs as directed by the CO or COR. All containers shall be returned to normal positions when weather conditions have diminished. All these actions shall be at no additional cost to the Government, as these do not constitute a pick-up.

9. Additional Requirements:

9.1 Services shall be performed in accordance with applicable federal and local laws, rules, and regulations, as well commonly accepted commercial practices. The Contractor shall assume full responsibility for compliance with all applicable federal and local laws, rules, and regulations governing the collection and disposal of solid and recyclable waste.

9.2 RMW collection services and disposal shall be performed in such a manner that it shall not create conditions detrimental to public health or constitute a public health concern. These services shall also encourage recycling and waste minimization to the greatest extent possible.

9.3 The Contractor’s personnel conducing the pick-ups shall identify himself directly to the VA Police Officer or designated responsible person located at the gate or entrance of each facility, prior to entering such. Once the pick-up has been conducted, the personnel performing such shall provide a service report to a VA representative, therefore confirming that the pick-up was performed.

9.4 A copy of each service report shall be sent to the COR and his/her assigned designee at the conclusion of each service. The service report must have the name and signature of an authorized VA representative, who is certifying that the service was performed.

9.5 Ten (10) calendar days prior to start of contract performance, the Contractor shall submit a roster of all the employees who shall be entering each facility, in order to perform the services of this contract. This roster shall have the name, telephone number, and address of these employees.

9.6 Contractor shall submit to the CO and/or COR written confirmation that each contract employee has been properly trained in the subject areas necessary for the performance of the services included in this PWS ten (10) days prior to start of contract performance. The personnel training shall include but may not be limited to the following: safety, infection control, customer service, biomedical waste procedures, proper handling and hauling operations of regulated medical waste, etc.

9.7 Contractor shall provide to the CO and/or COR any necessary documentation pertaining to contract employees as requested NLT ten (10) days after the requested date.

9.8 All RMW disposal shall be in accordance with the applicable federal and local laws, rules, and regulations, as well as Puerto Rico’s Environmental Quality Board.

9.9 Fifteen (15) calendar days prior to contract award, the Contractor shall submit copies of RMW disposal permits and other written documentation that authorizes them to collect and dispose waste. All fees associated with waste disposal shall be paid by the Contractor.

10. Sanitary Condition:

10.1 Waste collection shall be made in the Contractor’s containers, which will be free of dents and leaks, and shall be clean and free of any residue waste or debris. Any waste or debris that may fall from these containers or the truck onto VA grounds shall be recovered and removed by the Contractor.

10.2 The Contractor shall remove all hydraulic fluid and oil spilled onto VA grounds, caused either by the waste collection vehicles or the containers. Spill residue and clean-up materials shall be disposed in accordance with the Environmental Protection Agency, and state and local regulatory requirements. The spill area shall be left in a clean and sanitary condition.

11. Safety Requirements:

11.1 In performance of this contract, the Contractor shall take such safety precautions to protect both the lives and safety of the occupants of the building and property. The CO or his designee will notify the Contractor of any non-compliance of any VA safety standards or procedures. The Contractor shall, after receipt of such notice, immediately correct the condition to which attention has been directed.

11.2 The Contractor shall be liable for all personal and property damage at each installation upon removal and delivery of each container. Contractor personnel shall not drag containers over electronic gate railings or floor. Any safety related discrepancies or hazardous conditions noted by the Contractor when providing services shall be corrected immediately or reported to the CO for correction.

11.3 The Contractor shall provide Personal Protective Equipment (PPE) to its personnel and require them to use it during the performance of their duties as necessary. The Contractor shall conform to any applicable safety standards and regulations, federal and local.

12. Uniforms: The contractor shall require all his employees, including supervisors to wear distinctive uniform clothing or ID badges for identification purpose. In addition, 100% ID check is performed to all persons entering to the VA facilities. Therefore, truck drivers and assistants must have a valid license at all items.

13. Supervision: The Contractor shall arrange for satisfactory supervision of the services to be provided. The Contractor or his designee shall always be available, when the contract work is in progress, to receive notices, reports or request from the COR or his representative.

14. Competency Requirement: The Contractor shall comply with The Joint Commission (TJC) requirements. To comply with TJC requirement the Contractor shall provide written confirmation that employees are competent to perform the task as described in this PWS. This written confirmation shall specify in which areas each contract employees are competent and shall be submitted NLT 10 days after award.

15. Dumpsters and Containers:

15.1 Except where otherwise noted, all dumpsters and waste containers shall be standard commercial-industrial type, of heavy gauge metal construction, leak proof, and designed for mechanized handling. Dumpsters and containers which are mounted on wheels, shall have a positive breaking/locking device to prevent inadvertent movement.

15.2 Dumpsters shall be freshly painted at the start of the contract, and periodically during the term of the contract to maintain a pleasing appearance. All doors, lids, hinges, rollers, breaking devices, and other moving parts shall be maintained to keep containers serviceable. Bent, damaged, leaking, rusting, and unsightly dumpsters and containers shall be repaired and repainted or replaced at the Contractor's option within one week of notification by the

CO/COR.

15.3 Dumpsters and containers shall be labeled appropriately so as to identify their content.

15.4 Dumpsters and containers must remain in good, workable condition. Equipment used for hauling and collecting shall be washed as required to ensure they are free odor, dirt, debris, and pests.

15.5 Non-functioning equipment or equipment requiring major repairs shall be repaired or replaced within twelve (12) hours of notification with similar equipment.

15.6 The Contractor shall use vehicles specifically designed for refuse collection that have watertight bodies and that are sufficiently secured so as to prevent any spilling, littering or leakage of fluid. Open box trucks, with or without canvas cover, shall not be used except for the collection of debris or bulky items. Collection vehicles shall be operated in accordance with the Department of Transportation (DOT) rules and regulations and shall be kept closed when moving or when not actually engaged in collecting waste. All vehicular equipment shall be maintained in good repair and in a safe, clean, and well painted condition. No vehicles shall be willfully overloaded. The Contractor’s name shall be painted or otherwise displayed prominently on each Contractor-owned vehicle. Vehicles that are identified as unserviceable or unsightly by the CO/COR shall be repaired or replaced at no additional cost to the Government. The Contractor shall have enough equipment to serve as backup of regularly assigned vehicles to insure completion of contract requirements in the event of maintenance, breakdowns, or other equipment problems.

15.7 The Contractor shall provide all dumpsters and containers, in accordance with the specifications of section 4. He shall provide to the Government descriptive date of the dumpsters/containers to be used in this contract fifteen (15) days prior to start of contract performance. The CO and/or his/her designee will approve all dumpsters and containers prior to placement. The Contractor shall be responsible for the delivery, maintenance, security and removal of dumpsters and containers throughout the contract period. The Contractor shall provide all facilities, equipment, materials, and services to perform the requirements of this contract. All equipment shall be subject to the inspection and approval of the CO/COR prior to and during the life of the contract.

15.8 The Contractor shall perform all cleaning, painting, repair and other maintenance tasks off-site.

15.9 Contractor shall ensure all safety requirements are followed when servicing their containers.

16. Meetings: During the term of the contract, it may be necessary to schedule a meeting between the Contractor and the VA to address areas of concern and provide additional exchange information. Such meetings shall require attendance by the Contractor at no additional charge to the VA. A meeting would only be required if issues could not be resolved via telephone (conference calls) or in writing. Location of meeting would be at the VACHS main facility.

Attendees should include, but may not be limited to, the CO, COR, and a Contractor representative.

17. Conflict of Interest: The Contractor shall not employ any person who is an employee of the VA or if the employment of that person would create a conflict of interest, or perceived conflict of interest. Contractors and their employees shall not participate in any procurement actions, which would violate Federal Procurement Ethics. Contractors and employees shall not participate in any way in private business enterprise at a Government facility. Contract personnel shall not accept or solicit gratuities from VA patients, employees, or commercial companies. Any uncertainties of propriety should be discussed with the CO or the Contractor. If the impropriety or conflict of interest is deemed sufficiently significant, the person may be removed from service under this contract and may face prosecution under the law.

18. Inspection of Offeror’s Facilities: The Government reserves the right to thoroughly inspect and conduct unannounced visits at the facilities of any offeror, and to reject and offer regardless of price, if it should be administratively determined as lacking in any of the essentials necessary to assure acceptable standards of performance. Such inspections and investigations shall include a determination as to the offeror's conformance with terms and conditions of this contract.

19. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):

20. Deliverables: The following items must be delivered by the contract, within the specified timeframe:

Required Services (Tasks)

Performance Standard

Acceptable Quality Levels

Method of surveillance

Incentive (Positive or Negative)

Collect and dispose of RMW in accordance with the established schedule

96% 95% (No more than 2 complaints per month)

Validated through COR or customer complaint

Immediate corrective action taken at no additional cost to the Government

Maintain equipment in good workable condition and free of odor

95% 94% (No more than 3 complaints per month)

Validated through COR or customer complaint

Immediate corrective action taken at no additional cost to the Government

Response time for corrections 96%

95% (No more than 2 complaints per month)

Validated through COR or customer complaint

Immediate corrective action taken at no additional cost to the Government

Container pick-up area is left in a clean and sanitary condition

100% 99% Validated through COR or customer complaint

Immediate corrective action taken at no additional cost to the Government

Comply with all state and federal regulations related to the collection, transportation, destruction and disposal of RMW

100% 100% File reviews, periodic inspections by the CO/COR.

Immediate corrective action taken at no additional cost to the Government and notification to the pertinent agency

Avoid performing unscheduled collections

100% 100% Validated through COR or customer complaint

Immediate corrective action taken at no additional cost to the Government

Deliverable Reference Submission Date Environmental Quality Board RMW transportation permits Section 4.6 Fifteen (15) days prior to start of contract performance

Monthly RMW Report Section 4.9 Five (5) days after the end of each month

21. Influenza Vaccination:

21.1 All contract employees shall comply with VHA Directive 1192.01, Seasonal Influenza Vaccination Program for VHA Healthcare Personnel. This policy applies to all individuals who, during the influenza season, work in VHA locations or who come into contact with VA patients or other Health Care Personnel (HCP) as part of their duties.

21.2 Masking requirements for unvaccinated HCP: HCP who do not receive influenza vaccination due to medical or religious exemptions must designate this at the VA Employee Health Unit on the HCP Influenza VA Form 10-9050 and wear a face mask while in any VHA location, including both clinical and non-clinical areas. In addition, HCP are required to wear a face mask during performance of their assigned duties and responsibilities. The face mask shall be worn throughout the influenza season, or until the individual HCP receives a flu vaccination and completes the required VA Form 10-9050

22. VHA Supplemental Contract Requirements for Combatting COVID-19:

22.1 Contractor employees who work in or travel to VHA locations must comply with the following:

22.1.1 Documentation requirements:

22.1.1.1 If fully vaccinated, contractors shall show proof of vaccination.

NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

22.1.1.2 If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This

Submit Pick-up schedule Section 5 Ten (10) days prior to the start of contract performance

Employees Roster Section 9.5 Ten (10) days prior to the start of contract performance

Employee Competencies Section 9.6 Ten (10) days prior to the start of contract performance

RMW Disposal Permits Section 9.9 Fifteen (15) days prior to start of contract performance

Provide dumpster/container descriptive data Section 15.7 Fifteen (15) days prior to the start of contract performance includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

22.1.1.3 Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

22.1.1.4 Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

22.2 Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool.

Check regularly for updates.

22.2.1 Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

22.3 Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

22.4 For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

23. VA Information and Information System Security/Privacy Language:

23.1 VA Information Custodial Language:

23.1.1 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.

23.1.2 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.

23.1.3 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.

23.1.4 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.

23.2 Security Incident Investigation:

23.2.1 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 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.

23.2.2 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.

23.2.3 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.

23.2.4 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.

23.3 Liquidated Damages for Data Breach:

23.3.1 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.

23.3.2 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.

23.4 Training:

23.4.1 All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.

23.4.1.1 Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.

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

23.4.3 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.

23.4.4 The Certification and Accreditation (C&A) requirements do not apply and a Security Accreditation Package is not required for this SOW.

PERFORMANCE WORK STATEMENT (PWS)