PWS - Air Ambulance Services.doc

PERFORMANCE WORK STATEMENT

VETERANS AFFAIRS PALO ALTO HEALTH CARE SYSTEM (VAPAHCS)

AIR AMBULANCE SERVICES

1.0 SCOPE

1.1 The contractor will provide air ambulance (fixed wing) transportation services for authorized beneficiaries. The solicitation consists of the Veterans Affairs Palo Alto Healthcare System (VAPAHCS).

1.2 Air ambulance flights are expected to be one way Trips (patient leg only) if the authorized beneficiary is transferred to another VA facility. If return Air Ambulance service would be required, it would be the responsibility of the sending VA medical center to provide this under their current contracts. The price shall include all legs of transportation including ground ambulance to and from respective airports.

1.3 The contractor will be utilized for beneficiary travel if the VAPAHCS places the order for services. The Government has no control over third-party private or public hospitals placing ambulance orders for eligible veteran beneficiaries, and these third-party hospitals may or may not elect to use this contract.

1.4 Most beneficiaries will be transported within the continental United States, with a few possible trips to locations, such as Hawaii and Alaska.

1.5 The Government intends to make one award. The resulting contract made against this solicitation will be an Indefinite Delivery Indefinite Quantity (IDIQ) firm-fixed price contract. A task order will be issued to fund the period of performance.

1.6 The following chart includes the estimated trips per year along with the guaranteed minimum amount. These guaranteed amounts apply to option periods as well. The minimum guarantee will be included in the first funded task order that is awarded against the IDIQ contract.

2.0 PERIOD OF PERFORMANCE

The base period task order is anticipated to commence on April 1, 2023 and end on March 31, 2028. The task order has four option years.

3.0 DEFINITIONS

14 CFR Part 119: Title 14 of the Code of Federal Regulations Part 119, issued by the Federal Aviation Administration (FAA), prescribes the certification requirements an operator must meet in order to obtain and hold a certificate authorizing operations under Parts 121 or 135 and operation specifications for each kind of operation to be conducted in each class and size of aircraft.

14 CFR Part 121: Title 14 of the Code of Federal Regulations Part 121, issued by the Federal Aviation Administration (FAA), prescribes operating requirements governing the domestic, flag, and supplemental operations of each person who holds or is required to hold an Air Carrier certificate or operating certificate under Federal Aviation Regulations Part 119.

14 CFR Part 135: Title 14 of the Code of Federal Regulations Part 135, issued by the Federal Aviation Administration (FAA), prescribes rules governing commuter and on-demand operations of each person who holds or is required to hold an Air Carrier Certificate or Operating Certificate under FAA Part 119.

Air Ambulance: Fixed wing aircraft with a compartment that is designed and constructed to afford relative safety and comfort and to avoid aggravation of the patient’s condition. The aircraft, compartment, and personnel meet all applicable federal and state standards for medical air transport.

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

AOD: Administrative Officer of the Day. This government employee is the administrative officer in charge during other than normal business hours.

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.

CCT: Critical Care Transport, 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. The oversize ambulance must be capable of accommodating the following VA staff: MD, Nurse, Respiratory Therapist and Cardio Pulmonary Resuscitation (CPR) Performer.

CO / Contracting Officer: The person executing this contract on behalf of the Government and the only person authorized to make changes to the contract.

COR / Contracting Officer’s Representative: Person or persons authorized to act for the Contracting Officer within the limits of his / her authority.

Federal Acquisition Regulations (FAR): Is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies. The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR.

Federal Aviation Regulations (FARs): are rules prescribed by the Federal Aviation Administration (FAA) governing all aviation activities in the United States. The FARs is part of Title 14 of the Code of Federal Regulations (CFR). A wide variety of activities are regulated, such as airplane design, typical airline flights, pilot training activities, hot-air ballooning and even model rocket launches. The rules are designed to promote safe aviation, protecting pilots, passengers and the general public from unnecessary risk. They are also intended to protect the national security of the United States, especially in light of the September 11, 2001 attacks.

Federal Holidays: New Year’s Day, Martin Luther King Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, also any day determined by the President of the United States to be a Federal Holiday.

Ground Ambulance: Vehicles for emergency medical care which provide a driver compartment and a patient compartment that will accommodate an Emergency Medical Technician (EMT), Paramedic (or RN as needed) and two litter patients, so positioned that at least one patient can be given intensive line support during transit; equipment and supplies for emergency care at the scene as well as during transport, and two-way radio communication and equipment for light rescue procedures. The ambulance is designed and constructed to afford relative safety and comfort and to avoid aggravation of the patient’s condition.

Requesting Official: The requesting official is a medical care provider at a third-party (non-VA) hospital that has received authorization from the SFVAMC or VAPAHCS to request air ambulance services on behalf of the pre-determined eligible veteran/patient.

SFVAMC/San Francisco VA Medical Center: 4150 Clement Street, San Francisco, CA 94121

Trip: A trip is defined as the distance, “ONE WAY ONLY,” over which a beneficiary will be transported. In other words, a Trip is only the patient leg of transport. For all one-way trips ordered under this contract, the Contractor shall receive the base rate quoted under the “BASE RATE.” The Contractor shall also receive the mileage charge quoted under the “Mileage RATE.” A Trip also includes the ground ambulance transportation to/from the hospital to/from the airport.

VAPAHCS/VA Palo Alto Healthcare System: 3801 Miranda Ave., Palo Alto, CA 94304

4.0 DESCRIPTION OF WORK

4.1 The Contractor shall provide ALS/BLS/CCT pre-arranged air ambulance service twenty-four (24) hours per day, seven (7) days per week, including all holidays for beneficiaries of the VA.

4.2 The Contractor shall provide passenger air charter service and related passenger services to assist the Government in meeting its travel needs from and around the SFVAMC and VAPAHCS.

4.3 Contractor shall use contractor-owned stretchers, wheelchairs, linens or any other items required in transporting patient(s) from one place to another.

4.4 The contractor shall provide all legs of transportation including ground ambulance to and from respective airports.

4.5 All travel will be a one-way Trip. The contractor awarded a contract shall have an air ambulance located within San Francisco, Santa Clara, and or neighboring Counties. The contractor may propose another location if the response time can be met.

5.0 ORDERS FOR SERVICE

5.1 The Requesting Official or authorized SFVAMC or VAPAHCS representative(s) will place telephone or fax requests (orders) for contract services with the Contractor’s dispatch office. The request for services shall specify the originating point and final destination.

5.2 For orders placed by a Requesting Official, the Contractor shall verify that the telephone request has been authorized by the SFVAMC or VAPAHCS either by confirming pre-authorization with the Requesting Official at the time of the telephone request or by verifying with any SFVAMC or VAPAHCS authorized personnel listed below:

5.2.1 VAPAHCS – Eric Jacobson (650)493-5000 ext. 65804

5.2.2 VAPAHCS – AOD after hours (650)-493-5000 ext. 60462

5.3 Staff members designated to authorize air ambulance transport at VA expense will be detailed by name for the VAPAHCS. These names will be provided to the Contractor at the initiation of the contract and the contractor MUST ensure that authorizations are accepted only from staff so designated. The contractor will supply the VAPAHCS Beneficiary Travel office(s) with a contact information list upon initiation of the contract.

6.0 RATE

6.1 For all one-way trips ordered under this contract, the Contractor shall receive the base rate quoted under the “BASE RATE.” The “BASE RATE” shall constitute full compensation for ONE-WAY trips. The Contractor shall also receive the mileage charge quoted under the “Mileage RATE” for any one-way trip.

6.2 This is a firm-fixed price contract. Quoted rates listed in Section B.2 Price Schedule shall not be modified. Additional charges for sub-contractor services, to transport the plane to the origin destination, or for transport after final destination are not authorized under this contract. In addition, the Government shall not receive any invoices from sub-contractors. There is no privity of contract between the Government and any sub-contractors.

7.0 CANCELLATION

7.1 If the order is cancelled by the Requesting Physician, VAPAHCS, the Contractor will be paid the base rate plus actual nautical miles traveled at the time of the cancellation, plus the necessary nautical miles the Contractor’s aircraft must travel to return to its starting location. The return mileage is only reimbursable if the contractor does not have another destination on its flight plan.

8.0 PERSONNEL

8.1 The Contractor will provide as required the necessary licenses/certificates, competencies, privilege and credentialing in accordance with applicable State(s) and Federal regulation for each employee that will perform services under this contract.

9.0 INFECTION CONTROL REQUIREMENTS

9.1 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.

9.2 Tuberculosis Screening and Testing.

9.2.1 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.

9.2.2 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.

9.2.3 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.

9.2.4 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.

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

10.0 LICENSES, CERTIFICATIONS, AND INSURANCE

10.1 All work related to this contract will be performed by the Contractor in accordance with any applicable FAA, U.S. Department of Transportation, or OSHA regulations, as well as applicable State health and safety regulations, health care accreditation standards (JCAHO or equivalent accreditation organization) and standard industry practices as defined by the Association of Air Medical Services for air ambulance transportation.

10.2 This solicitation applies to non-scheduled operations of air transportation conducted under:

· 14 CFR Part 121 (“Supplemental Operations”) http://rgl.faa.gov/RegulatoryandGuidanceLibrary/rgFAR.nsf/MainFrame?OpenFrameSet

· 14 CFR Part 135 (“Commuter and On-Demand Operations”) http://rgl.faa.gov/RegulatoryandGuidanceLibrary/rgFAR.nsf/MainFrame?OpenFrameSet

10.3 FARs Part 135 Operators must be in compliance with applicable regulations as outlined in Federal Aviation Regulations Part 135: Operating Requirements: Commuter & On-Demand Operations & Rules Governing Persons on Board Such Aircraft.

10.4 FARs Part 121 Operators must be in compliance with applicable regulations as outlined in Federal Aviation Regulations Part 121: Operating Requirements: Domestic, Flag, and Supplemental Operations.

10.5 Medical Standards – refer to Federal Aviation Regulations (FARs) Part 61.23, Subpart A: “Medical Certificates: Requirement and Duration”

· Medical Class (1st, 2nd, or 3rd)

· Medical Date (FAA certified physician check)

10.6 Air Ambulance Pilot - Shall have a valid operator's license in accordance with Federal, State and local government requirements for their place of operation, for the services they perform.

10.7 EMTs - Shall be certified, licensed or otherwise officially recognized by the local, state or regional government or public entity where the emergency ambulance service is operated or by which it is governed.

10.8 Ambulance Driver - Shall have a valid operator's or chauffeur's license in accordance with Federal, State and local government requirements for their place of operation, for the services they perform.

10.9 Contractor - Shall maintain personal liability, automobile liability, and property damage insurance, as prescribed by the laws of the State of California, and in accordance with VAAR 852.228-71, VAAR 852.237-7, and VAAR 852.237-70.

10.9.1 Liability Insurance. The Operator shall maintain, or cause to be maintained at its sole expense, bodily injury and property damage liability insurance.

10.9.2 Hull Insurance. The Operator shall maintain, or cause to be maintained at its sole expense, all risks aircraft hull insurance in an amount equal to the value of the aircraft. Such policy shall designate the Operator and any first lien mortgage holder as loss payees as their interests may appear.

10.9.3 Insurance Certificates. The Operator shall provide the VA with a Certificate of Insurance evidencing the insurance coverage required upon execution hereof and immediately upon the VA’s or ordering agency’s request at any time thereafter.

10.9.4 Workers Compensation. The Operator shall maintain workers compensation insurance providing applicable statutory benefits for all employees performing services. The cost of such workers compensation insurance premiums is the Operator’s responsibility.

11.0 DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR)

11.1 The Contracting Officer (CO) will appoint a Contracting Officer Representative (COR) to perform tasks related to the execution and surveillance of this contract. The COR will be designated to represent the Contracting Officer (CO) in furnishing technical guidance and advice under this contract. The foregoing is not be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the CO and shall not be delegated.

11.2 The CO is responsible for the administration of this contract. The CO is the only individual authorized, to extent indicated in this contract, to take actions on behalf of the Government, which may result in changes in the contract terms, to include deviation from the statement of work, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the CO. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the CO. No oral statements of any person whosoever will in any matter or degree, modify or otherwise affect the terms of this contract.

11.3 The Contractor will receive a copy of Delegation Letter which will identify the COR appointed by the CO.

12.0 INSPECTION, QUALITY, AND PERFORMANCE STANDARDS

12.1 The Government has the right to inspect the contractor premises, maintenance records of medical equipment and aircraft(s), flight logs, and dispatch records being used for the contracted services. Furthermore, annually the contractor must provide proof of insurance (see paragraph 9.9 and Clauses 852.228-71, 852.237-7, and 852.237-70 for further details on insurance requirements) and copies of any licenses for all staff providing services under this contract upon request of the COR.

12.2 Contractor will ensure that each beneficiary is treated in a professional manner, keeping in mind diversity of our beneficiaries. Each beneficiary will be treated with the highest quality of care and standards established in the industry. Some of the areas to be assessed are:

a. Patient safety

b. Medical services

c. Equipment and aircraft maintenance program

12.3 The last month of each contract year the Contracting Officer will review contract compliance reports submitted by the COR. The review will employ various monitoring methods, but will specifically include complaints and timeliness.

13.0 INVOICING/DELIVERABLES

13.1 The Contractor shall furnish the following information to the authorizing facility:

13.1.1 Contract Number and Purchase Order Number

13.1.2 Date of flight and number of statute miles flown.

13.1.3 Name and phone number of the authorized ordering Patient Travel Coordinator and facility.

13.1.4 Originating and termination points.

13.1.5 Name and social security number of each patient.

13.1.6 Name(s) of ambulance companies providing ground transportation.

13.1.7 An in-flight medical attendant’s report of the patient’s status, including vital signs, level of consciousness, drugs administered, details of therapeutic intervention, and the names and qualifications of all attendants working under the delivery order.

13.1.8 Any unusual circumstances encountered during the flight, including, but not limited to, inordinate altitudes flown, turbulence, and times associated with these abnormal conditions.

13.2 After all work has been completed the Contractor will furnish the information listed above, along with the delivery order invoice, directly to the Patient Travel Coordinator who placed the call order. Invoices will also be submitted electronically through the Tungsten OB10 system (see section 13.3) for payment. Do not include the information listed in 13.1 with your invoice. The invoice shall be submitted no later than 15 working days after completion of the call order.

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

13.3.1 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.

13.3.2 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).

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

Additional Info: Air ambulance transport would be paid by the VA for any veteran requiring emergency transport to a higher level of care. The only time the VA will not be the payor is when the person is a non-veteran (e.g., CHAMPVA, Humanitarian Emergency). In regards to alternative insurance plans that veterans may hold, the VA has no way to predict the percentage of veterans with outside insurance as this changes constantly each year depending on the Financial Means Test results for each veteran.

14.0 BUSINESS RELATIONS

14.1 The working relationship will be assessed based on beneficiary and/or travel coordinator satisfaction. This will include direct professional interaction between contractor and contracting officer. A few of the other requirements of the contract to be monitored, which is not directly related to cost, schedule, or performance are:

a. Integration and coordination of all activity needed to execute the contract, change proposal submissions, and the contractor’s history of professional behavior with all parties.

b. Actively work to eliminate roadblocks to ensure excellent performance.

15.0 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), PRIVACY RULE, AND SECURITY RULE

15.1 Whereas the Contractor will have access to Business Associate Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) that is subject to protection under regulations issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”), and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); and whereas, Department of Veterans Affairs Veterans Health Administration is a “Covered Entity” as that term is defined in the HIPAA implementing regulations, 45 CFR 160.103, the Contractor will be required to complete the blanks, sign, date and provide a completed Business Associate Agreement with their quotation or proposal (as provided as an attachment to this solicitation).

16.0 PATIENT PRIVACY AND CONFIDENTIALITY

16.1 All "patient papers" transported with the patient are confidential in accordance with HIPAA. Contractor's personnel may review these records for assessment and treatment purposes only. Appropriate administrative and medical information will be provided to the Contractor for patient transport. If the medical record is transported with the patient, it may be used as a source of information if the situation warrants (i.e. emergent care while in-route). In all other instances, all documents will remain intact and sealed.

17.0 RELEASE OF MEDICAL INFORMATION

17.1 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.

18.0 QUALITY CONTROL (QC)

18.1 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

19.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

19.1 QASP is a systematic method used by the Government to evaluate Contractor’s actions and performance based on Performance Work Statement (PWS) requirements. The QASP is designed to provide an effective method of monitoring contractor performance for each listed objective on the PWS. A QASP is based on the premise the Government desires to maintain a quality standard in providing air ambulance services.

19.2 For the tasks listed in the Performance Requirement Table (PRT) below, the COR will follow the methods of surveillance specified in this contract.

19.3 When a required service in the PRT indicates defective performance, the COR will require the contract manager or representative at the site to document the observation and forward to the Contracting Officer to maintain in the file. The documentation of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRT or by methods other than those listed in the PRT (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the contracting officer as a result of surveillance will be in accordance with the terms of this contract.

Performance Requirements Table

And

Customer Complaint COR shall monitor vendor personnel and transport performance of patient transport services.

COR shall inspect to ensure vender compliance.

standards are practiced.

COR shall inspect to ensure vender compliance.

20.0 MODIFICATIONS

20.1 The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The contractor shall communicate with the Contracting Officer in all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect price, quantity, or quality of performance of this contract. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustments will be made in the contract price to cover any increase in costs incurred as a result thereof.

VA INFORMATION CUSTODIAL LANGUAGE

- 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).

SECURITY INCIDENT INVESTIGATION

-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.

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

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

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

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

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

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

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.

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 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.

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.